440-RICR — Contractors' Registration & Licensing Board

Chapter 10 General Administration, Registration, Licensing, and Filing Claims

Subchapter 00

440-RICR-10-00-1 General Rules and Regulations for Applications, Registration, Licensing, Claims, Violations, and Administrative Hearings

440-RICR-10-00-1 § 1.1 Authority

This Part is promulgated pursuant to the Rhode Island Contractors’ Registration and Licensing Board Law, R.I. Gen. Laws Chapter 5-65; the Rhode Island Home Inspector Licensing Law, R.I. Gen. Laws Chapter 5-65.1; the Rhode Island Well-Drilling, Pump Installers, and Water-Filtration Contractors Licensing Law, R.I. Gen. Laws Chapter 5-65.2; the Rhode Island Underground Utility Contractors’ Licensing Law, R.I. Gen. Laws Chapter 5-65.3; and the Rhode Island Commercial Roofing Licensing Law, R.I. Gen. Laws Chapter 5-73.

History

• Periodic Refile — effective from 2022-01-04 to current
• EMERGENCY RULE Amendment — effective from 2020-03-21 to 09/17/2020
• Amendment — effective from 2019-12-17 to 01/04/2022
• Adoption — effective from 2019-01-02 to 12/17/2019

440-RICR-10-00-1 § 1.2 Purpose

A.The purpose of this Part is to establish provisions, qualifications, and procedures for registering and licensing those disciplines governed by the Contractors' Registration and Licensing Board: including but not limited to contractors, home inspectors, well-drillers, pump installers, water filtration contractors, underground utility contractors and commercial roofers.

B.The purpose of the Part is also to promote public safety, health and welfare by providing a mechanism to ensure that all persons conducting business in the regulated disciplines within the State of Rhode Island have the requisite skills, training, and experience necessary to safely and adequately conduct those activities within the state.

C.This Part shall also govern the complaint process and the conduct of adjudicatory proceedings commenced before the Board after July 1, 2019. This Part shall be liberally construed to further the fair, prompt and orderly administration and determination of complaints and adjudicatory proceedings in conformity with the Rhode Island Administrative Procedures Act. To the extent that any part of these Rules are inconsistent with applicable law or the terms of any other rule or regulation promulgated by the Board, the applicable law and/or the terms of such other rule or regulation shall be deemed to apply.

D.As applicable and/or required, or unless otherwise indicated, all persons subject to the registration or licensing requirements of the Contractors' Registration and Licensing Board must comply with the provisions of this Part and the following:

1.Contractors and subcontractors: R.I. Gen. Laws Chapter 5-65 and Part 2 of this Subchapter.

2.Underground Utility Contractors: R.I. Gen. Laws Chapter 5-65.3 and Part 3 of this Subchapter.

3.Commercial Roofing Contractors: R.I. Gen. Laws Chapter 5-73 and Part 4 of this Subchapter.

4.Well Drilling, Pump Installers, and Water Filtration Contractors: R.I. Gen. Laws Chapter 5-65.2 and Part 5 of this Subchapter.

5.Home Inspectors: R.I. Gen. Laws Chapter 5-65.1 and Part 6 of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• EMERGENCY RULE Amendment — effective from 2020-03-21 to 09/17/2020
• Amendment — effective from 2019-12-17 to 01/04/2022
• Adoption — effective from 2019-01-02 to 12/17/2019

440-RICR-10-00-1 § 1.3 Incorporated Materials

Reserved

History

• Periodic Refile — effective from 2022-01-04 to current
• EMERGENCY RULE Amendment — effective from 2020-03-21 to 09/17/2020
• Amendment — effective from 2019-12-17 to 01/04/2022
• Adoption — effective from 2019-01-02 to 12/17/2019

440-RICR-10-00-1 § 1.4 General Definitions

A.In addition to the terms defined in R.I. Gen. Laws § 5-65-1 and Parts 2, 3, 4, 5, and 6 of this Subchapter, the following terms shall have the following meanings:

1."Agent of service" or "Registered agent" means a business or individual designated by the registrant/licensee upon whom any process, notice, or demand required or permitted by law to be served upon the corporation or individual registrant/licensee may be served. An attorney licensed and located in Rhode Island or a company listed by the Rhode Island Secretary of State may serve as an agent of service.

2."Applicant" means any person seeking to obtain a registration or license that is issued by the Contractors’ Registration and Licensing Board.

3."Architect" and the "practice of architecture" are defined in R.I. Gen. Laws § 5-1-2.

4."Board" or “CRLB” means the contractors' registration and licensing board established pursuant to the provisions of § 5-65-14 or its designees.

5."Building officials" means the officials charged with the administration and enforcement of the Rhode Island State Building Code.

6."Claim" means the portion of a complaint that requests the imposition of monetary damages and/or restitution.

7.“Commercial Contractor” means a contractor who does not regularly in the course of his or her or its business as a contractor engage in construction activities as contemplated in R.I. Gen. Laws Chapter 5-65 on residential structures.

8."Complainant" means an individual who files a complaint.

9."Complaint" means a formal allegation against another person.

10."Condominium" is defined in R.I. Gen. Laws § 34-36.1-1.03(7).

11.“Contested Case” means an adjudicatory proceeding before a Hearing Officer in which the legal rights, duties or privileges of a Party are determined in accordance with R.I. Gen. Laws § 42-35-9.

12."Continuing education credit" means the credit unit awarded after a person receives instruction related to the discipline for which that person is registered/licensed with the Board. Different disciplines may require a different number of credit units to maintain a registration/license, and the credit must be issued by a Board approved provider to be valid.

13."Contract" means the written or oral agreement between the client and the registered/licensed person or person required to be registered/licensed, describing the responsibilities and duties of each party and the fee to be paid.

14."Contractor" is defined in R.I. Gen. Laws § 5-65-1(4)(i).

15.“Department” means the Department of Business Regulation.

16."Developer" means a person who owns property and contracts with a general contractor to construct, improve, or alter one or more buildings or structures on the land for the purpose of selling or leasing those buildings or structures, and who is required to be registered with the Board pursuant to R.I. Gen. Laws § 5-65-1(4)(i).

17.“Director” means the Director of the Department of Business Regulation or the Director's designee.

18."Employee" means an individual who works for wages or salary and is not an independent contractor.

19."Employer" means a legal entity that controls and directs a worker in return for payment of wages or salary as a means of compensation.

20."Engineer," and the "practice of engineering" are defined in R.I. Gen. Laws § 5-8-2.

21."Expungement" means the removal, deletion or erasing of information from a registrant’s or licensee’s record that is accessible to the public.

22.“Flipping” means the process of purchasing, renovating, and attempting to sell the property for a quick profit.

23."Good standing" means an applicant who does not have any unresolved claims, violations, penalties or fines with the Board for any registration/license held by the applicant or its principal, nor with any other municipal, state, or federal regulatory authority in Rhode Island or elsewhere.

24."Inactive registration/license" means a registration/license that has lapsed, expired, or has been suspended, surrendered, or revoked.

25."Incapacity" or "Incapacitated" means an ailment that renders an active registrant/licensee unable to perform the work of the discipline for which they are registered/licensed,

26."Independent Contractor" means a person or entity contracted to perform work for—or provide services to—another entity as a non-employee.

27.“License” means any type of License issued by the Board granting permission to engage in certain activities.

28."Licensee" means a holder of a license issued by the Board.

29."Occupancy" means, but is not limited to, the time of issuance of a certificate of occupancy or the time of receipt of a letter of completion of the construction by the Building Official.

30."Owner" means any person or his/her agent who holds title or other rights to a property.

31.“Party” or “Parties” means each Person named or admitted as a Party, or properly seeking and entitled as of right to be admitted as a Party in a Contested Case.

32."Permits" means documentation that must be obtained from the state or local building department of each city or town in which work is to be performed prior to the commencement of work.

33.“Person” is defined in R.I. Gen. Laws 5-65-1(11) and includes any individual, partnership, corporation, limited liability company, association, governmental subdivision, public or private organization or any other entity however formed.

34."Professional engineer" is defined in R.I. Gen. Laws § 5-8-2.

35.“Reasonable Cause” means there exists a set of facts of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs which would induce a reasonably intelligent and prudent person to believe that a violation(s) of law, rule, or regulation has occurred.

36."Registrant" means a holder of a registration issued by the Board.

37."Registration" means any type of registration issued by the Board granting permission to engage in certain activities.

38."Residence/residential building" means a structure that consists of one or more dwelling units.

39.“Respondent” means a Party against whom a complaint has been filed against or a violation has issued.

40."Responsible person" means the individual, corporate member, or partner of a business entity who is responsible for the actions of the entity, the individuals employed by the entity, and for any violations of law, rule, or regulation that occur under the registration/license.

41."Revoke" means the termination of a registration or license by the Board.

42."Structure" is defined in R.I. Gen. Laws § 5-65-1 and includes modular and mobile homes at the time they are placed on support blocking or permanent foundations in the place they will be used.

43."Subcontractor" means a person or entity who has a contract, either oral or written, not with the owner of the structure but with a registrant/licensee or one who is required to be registered/licensed, to perform work subject to the Board’s authority, and who is responsible for a specific portion of the project.

44."Violation" means an action that breaks or acts against a relevant statute, rule, regulation, standard, order, registration, and/or license.

45."Wages" is defined in R.I. Gen. Laws § 28-14-1(4).

46."Work period" means the time period from the date a contract is entered into until the date the contracted work is substantially completed by the original registrant/licensee, or if not substantially completed, the date work by the original registrant/licensee ceased.

History

• Periodic Refile — effective from 2022-01-04 to current
• EMERGENCY RULE Amendment — effective from 2020-03-21 to 09/17/2020
• Amendment — effective from 2019-12-17 to 01/04/2022
• Adoption — effective from 2019-01-02 to 12/17/2019

440-RICR-10-00-1 § 1.5 General Administration and Procedures

History

• Periodic Refile — effective from 2022-01-04 to current
• EMERGENCY RULE Amendment — effective from 2020-03-21 to 09/17/2020
• Amendment — effective from 2019-12-17 to 01/04/2022
• Adoption — effective from 2019-01-02 to 12/17/2019

440-RICR-10-00-1 § 1.6 General Registration and Licensing Requirements

1.6.1Registration/License Required

A.Every person who engages in a discipline governed by the Board, listed in §§ 1.1 and 1.2(A) of this Part, must be properly registered or licensed with the Contractors’ Registration and Licensing Board prior to engaging in those activities.

B.No person subject to the provisions of this Subchapter shall provide services, offer to the public their services, or represent that they possess a registration/license unless that person possesses a valid registration/license, unless authorized to do so by the Board.

C.Any person who fails to properly obtain a registration or license in their respective discipline, as required, is subject to penalties for operating without a registration or license.

D.For purposes of completing an application in either paper or electronic form, for a permit to conduct activities subject to this Subchapter, the actual applicant does not need to possess a registration/license, as long as the applicant is acting on behalf a validly registered/licensed contractor and it will be the registered/licensed contractor who is doing the work.

E.Officer/Partner Cards/Certificates shall no longer be issued. All current cards/certificates shall expire on December 31, 2019.

F.All Registration/License requirements must be maintained and kept current for the duration of the Registration/License.

1.6.2 Transfer of Registration/License Prohibited

Any registration/license issued to an individual contractor, subcontractor, or business entity is for the exclusive use of that individual or entity and is non-transferrable.

1.6.3Display of Registration/License Number

A.All Persons subject to the provisions of this Subchapter shall display their registration/license number in a conspicuous manner on all forms of advertising, including but not limited to newsprint classified advertising, newsprint display advertising, pamphlets, telephone directory space ads, online ads, website ads, social media ads, business vehicles, and display ads.

B.Advertising in any form by an unregistered/unlicensed person shall be prohibited, including alphabetical or classified directory listings, vehicles, business cards, and all other forms of advertisements.

C.Registration/license numbers must be included on all written contracts, proposals, and invoices.

D. The wearing of company apparel is exempt from the requirement to include the registration/license number.

1.6.4Business Entity Registrations/Licenses

A. Any corporation, LLC, or partnership which meets the registration/ licensing requirements may obtain a registration/license upon approval by the Board. The registrant/licensee shall be identified as the responsible person on the application.

B.The responsible person is required to meet all applicable requirements for registration/licensing, including, but not limited to providing evidence of the required insurance and bond and maintaining the required continuing education credit. If the listed responsible person disaffiliates from the business entity or becomes unregistered/unlicensed, the business entity must identify a new responsible person who meets the registration/licensing requirements of that discipline in accordance with § 1.6.7 of this Part.

C.Corporate Documents:

1.If the registrant/licensee is required to be registered with, and certified by, the Rhode Island Secretary of State, the applicant must provide the names of the corporate officers and a copy of the corporate papers filed with the Secretary of State as part of its application.

2.The registrant/licensee is required to notify the Board of any lapse or revocation of corporate status with the Secretary of State.

1.6.5Nonresident Persons/Registered Agent

No registration/license shall be issued to a nonresident applicant until he or she has filed with the Board a power of attorney constituting and appointing a registered agent upon whom all processes in any action or legal proceeding against him or her may be served, and in the power of attorney agrees that any lawful process against him or her which may be served upon his or her registered agent is of the same force and validity as if served on the nonresident applicant, and that the force continues irrevocably in force until such time as the Board has been duly notified in writing of any change to that status.

1.6.6Change of Registration

A.Registered individuals or business entities may make application to the Board for a change in their registration. Upon approval by the Board, the former registration number may be transferred to the new registration.

B.When such a change is made, the new registrant shall be responsible for any claims and violations made against the former registrant that are within the jurisdiction of the Board.

C.Nothing within this section shall be construed to limit the availability of any other remedies available to the Board or complainant.

1.6.7Effect on Registration/License Due to Loss of Responsible Person

A.If the responsible person disaffiliates or otherwise becomes incapacitated, the entity's registration/license shall remain valid until the next examination, or until such times as the Board allows.

B.It shall be the sole responsibility of the entity to appoint a new responsible person that satisfies the registration/license requirements of this Subchapter.

C.In no event, shall the registration/license remain valid for longer than six (6) months after the disaffiliation or incapacitation of the responsible person, without satisfying the registration/licensing requirements of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• EMERGENCY RULE Amendment — effective from 2020-03-21 to 09/17/2020
• Amendment — effective from 2019-12-17 to 01/04/2022
• Adoption — effective from 2019-01-02 to 12/17/2019

440-RICR-10-00-1 § 1.7 Applications for Registration/Licensure

Unless otherwise indicated in R.I. Gen. Laws Chapters 5-65, 5-65.1, 5-65.2, 5-65.3, 5-73, and/or Parts 2, 3, 4, 5, and 6 of this Subchapter, the following provisions shall apply to all persons subject to this Subchapter.

1.7.1General Application

A. All persons applying for registration/license by the Board shall submit an application in a manner as prescribed by the Board, meet all pre-registration/licensing requirements, and submit the applicable fee, prior to obtaining registration/licensure.

B.The Board may reject an incomplete application and return the application with an explanation of the deficiencies.

C.All applicants for a registration/license, whether for initial or renewal, shall acknowledge the following "statement" by affixing their signature to the application prior to the application being considered by the Board.

1.“I acknowledge, understand, and agree that if a complaint is filed against me, I will attend and participate, in good faith, with any attempts to resolve the complaint by the Board, including, but not limited to informal resolutions, formal resolutions, and the administrative hearing process. My failure to do so may result in the imposition of fines against me and/or the suspension or revocation of my registration/licensure.

1.7.2Examination

A.As required, applicants shall pass such examination as the Board deems necessary to test the applicant's knowledge and skills prior to engaging in a discipline regulated by the Board.

B.Examinations will be conducted at least three times a year by an approved third-party testing company. Testing locations, dates, times, and fees will be posted on the Board’s website.

C.Upon successful completion of the examination, the applicant must submit a copy of their exam certification to the Board with his/her application.

D.If an applicant does not successfully complete the examination, he/she may retake the examination in accordance with the third-party testing company's policies.

1.7.3Effective Date/Term

A.Registrations/licenses issued pursuant to this Subchapter are effective upon issuance by the Board.

B.Registrations/licenses are valid for two (2) years from the date issued.

1.7.4Renewal and Reissuance of Registration/License

A.A registration/license may be renewed by the same procedure provided for an original registration/license, upon application, payment of the fee, and any additional supplemental information the Board may require.

B.Unless ordered by the Board, written examinations and pre-education requirements are not a required component of renewal.

C.A registration/license which has been voluntarily and temporarily surrendered shall be reinstated at no additional charge if reinstatement occurs within the registration/license period and there are no outstanding claims and/or violations pending. If there are outstanding claims or violations pending, the claims and/or violations must be resolved prior to reinstatement.

D.A registration/license which has been revoked or suspended may be reissued or reinstated upon written request to the Board and satisfaction of all other requirements as ordered by the Board.

E.The Board has the discretion to conditionally reissue or reinstate a registration/license which has been revoked or suspended in a manner not inconsistent with the general laws and provisions of this Subchapter.

F.It is the responsibility of the registrant/licensee to ensure that the requirements for renewal, including timeliness, are met.

1.7.5 Lapsed Registration/License

A.A registration/license is deemed to have lapsed when it has not been renewed on/or before its expiration date. During this time, the person shall not solicit, perform, or offer to perform contracting services.

B.If a registration/license becomes invalid or lapsed, any registration/license card(s) and/or registration/license certificates must be returned to the Board within five (5) business days.

C.If a registration/license lapses for more than six (6) months, the person shall be required to meet the requirements for an original registration, including application, examination, pre-educational requirements, and payment of the fee, in addition to any back fees, penalties, and any additional supplemental information the Board may require.

D.Waiver of Requirements Upon a Showing of Good Cause

1.The Board may consider granting a waiver of the renewal requirements for lapsed licenses upon a showing of good cause.

2.The request shall be in writing and shall state the reasons for the waiver.

3.Good cause includes, but is not limited to, illness, incapacitation, disability, (which is supported by a medical documentation) or military service.

1.7.6Military Service Registration/License:

A.Military Service Member

1.In accordance with R.I. Gen. Laws § 5-87-1, applicants who are members of the military service and possess a registration/license from another state may provide proof of education, training, or service completed as a member of the Armed Forces or Reserves of the United States, the National Guard of any state, the Military Reserves of any state, or the Naval Militia of any state and evidence of their out-of-state registration/license.

2.The Board will consider whether the education, training, and/or service is substantially equivalent to the requirements of this state. If so, the Board will attempt to expedite the issuance of the appropriate registration/license to the applicant.

3.If the Board determines that the education, training, and service are not substantially equivalent to the requirements of this state, the Board may issue the service member a temporary registration/license for a period of time sufficient to allow the applicant to complete any specific requirements to obtain registration/licensure in this state.

B.Military Service Member’s Spouse:

1.In accordance with R.I. Gen. Laws § 5-88-1, the Board will expedite the issuance of registrations/licenses for applicants:

a.Who are registered/licensed in another state to perform contracting services in a state other than Rhode Island;

b. Whose spouse is a member of the Armed Forces of the United States;

c.Whose spouse is the subject of a military transfer to Rhode Island; and

d.Who left employment to accompany their spouse to Rhode Island, may apply to the Board for a registration/license based on the out of state registration/license.

2.If the Board determines that the out of state registration/license is substantially equivalent to the requirements of this state, the Board may issue the applicant a registration/license.

3.If the Board determines that the out of state registration/license is not substantially equivalent to the requirements of this state, the Board may issue the applicant a temporary registration/license for a period of time sufficient to allow the applicant to complete any specific requirements to obtain registration/licensure in this state.

History

• Periodic Refile — effective from 2022-01-04 to current
• EMERGENCY RULE Amendment — effective from 2020-03-21 to 09/17/2020
• Amendment — effective from 2019-12-17 to 01/04/2022
• Adoption — effective from 2019-01-02 to 12/17/2019

440-RICR-10-00-1 § 1.8 Education Requirements – Pre-Registration/License and Continuing Education

History

• Periodic Refile — effective from 2022-01-04 to current
• EMERGENCY RULE Amendment — effective from 2020-03-21 to 09/17/2020
• Amendment — effective from 2019-12-17 to 01/04/2022
• Adoption — effective from 2019-01-02 to 12/17/2019

440-RICR-10-00-1 § 1.9 Complaints

History

• Periodic Refile — effective from 2022-01-04 to current
• EMERGENCY RULE Amendment — effective from 2020-03-21 to 09/17/2020
• Amendment — effective from 2019-12-17 to 01/04/2022
• Adoption — effective from 2019-01-02 to 12/17/2019

440-RICR-10-00-1 § 1.10 Notice of Accepted Complaints and Initial Board Investigation

A.The Board shall give notice to all Parties of the acceptance of a complaint. The notice shall include:

1.A reference to the particular sections of the statutes and rules involved; and,

2.A short and plain statement of the matters asserted.

B.Initial Board Investigation

1.The Board may conduct an initial investigation and make attempts to informally resolve the matter between the Parties. If the matter can be resolved informally, the agreement shall be reduced to writing and signed by the Parties.

2.The initial Board investigation and attempts to informally resolve the matter shall be completed within sixty (60) days of acceptance of the complaint. Time may be extended for good cause, but in no event shall the matter remain at the initial investigation stage for more than ninety (90) days.

3.If the matter is not resolved within sixty (60) days, or extended for good cause, it shall be referred to the Hearing Officer for further administrative proceedings in accordance with § 1.11 of this Part.

History

• Periodic Refile — effective from 2022-01-04 to current
• EMERGENCY RULE Amendment — effective from 2020-03-21 to 09/17/2020
• Amendment — effective from 2019-12-17 to 01/04/2022
• Adoption — effective from 2019-01-02 to 12/17/2019

440-RICR-10-00-1 § 1.11 Pre-hearing Conferences/Alternative Dispute Resolution

1.11.1Pre-Hearing Conferences

A.It is the policy of the Board to encourage the use of prehearing conferences to make more effective use of hearing time.

B.The Director or the Hearing Officer may, with reasonable written notice, require that all Parties attend a prehearing conference and/or attempt alternative dispute resolution to resolve the matter and/or consider the following:

1.The simplification, narrowing, and clarification of the issues;

2.The possibility of obtaining written stipulations, admissions, agreements with respect to the introduction of documents or similar agreements which will avoid unnecessary proof;

3.The identification of witnesses and the limitation of the number of witnesses;

4.The possibility of agreement disposing of all or any of the issues in dispute;

5.The consideration of outstanding motions;

6.The status of settlement negotiations, if any;

7.The use of pre-filed testimony, where appropriate;

8.Any matters of discovery, including limitation of data requests, document requests, or other discovery or resolving disputes as to the scope of discovery;

9.Scheduling of hearings; and

10.Any such other matters as may aid in the final disposition of the proceeding.

1.11.2Alternative Dispute Resolution

A.It is the policy of the Board to also encourage the use of alternative dispute resolution to resolve a complaint.

B.Mediation

1.Mediation is a means by which a trained impartial third person assists the Parties in reaching a settlement/agreement.

2.The mediator is appointed by the Director and has no decision-making authority. If the mediator is an attorney, the mediator cannot provide legal advice to the parties.

a.No Hearing Officer assigned to the matter shall serve as the mediator.

3.If an agreement/settlement is reached between the parties, the mediator may assist in preparing the written settlement/agreement to be signed by the Parties.

4.Mediation shall be conducted pursuant to the requirements of R.I. Gen. Laws § 9-19-44.

C.Consented to Final Order

1.A consented to Final Order is a settlement/agreement reached between the parties with the assistance of the Hearing Officer. Unlike mediation, the Hearing Officer may actively participate and assist the Parties in reaching the settlement/agreement.

2.The Hearing Officer is appointed by the Director. The Hearing Officer cannot provide legal advice to the Parties.

3.If an agreement/settlement is reached between the parties, the Hearing Officer shall prepare a Consented to Final Order, which shall be reduced to writing and signed by the Parties and the Hearing Officer.

1.11.3Pre-Hearing/Alternative Dispute Resolution Procedures

A.All Parties shall attend the prehearing conference and/or alternative dispute resolution fully prepared to discuss all matters related to the proceedings. Failure of any Party to attend the prehearing conference and/or alternative dispute resolution may constitute a waiver of all objections to any order or ruling issued as a result of the prehearing conference and/or alternative dispute resolution unless good cause is shown.

B.At the sole discretion of the Hearing Officer, the Parties may be permitted to waive the prehearing conference and/or alternative dispute resolution by filing with the Hearing Officer a stipulation prior to the prehearing conference and/or alternative dispute resolution that contains the following:

1.Agreement to the issues in the matter,

2.An agreed to discovery schedule,

3.Three (3) agreed to possible dates for a hearing, and

4.Any other agreements as to matters contained in § 1.11.1(B) of this Part.

C.In the discretion of the Hearing Officer, with agreement of the parties, prehearing conferences, conference hearings, alternative dispute resolution, or status hearings may be held by telephone, electronically, or by any other means.

1.11.4Administrative Hearings Based on Contested Cases

A.If the Parties cannot reach an agreement with the assistance of the Hearing Officer, with the consent of both Parties, the Parties may request that the Hearing Officer decide the issues by conducting an administrative hearing in accordance with § 1.14 of this Part.

B.Upon conclusion of the administrative hearing, the Hearing Officer will issue a Final Order.

C.A Final Order issued pursuant to this subsection may be appealed in accordance with § 1.13.2 of this Part.

History

• Periodic Refile — effective from 2022-01-04 to current
• EMERGENCY RULE Amendment — effective from 2020-03-21 to 09/17/2020
• Amendment — effective from 2019-12-17 to 01/04/2022
• Adoption — effective from 2019-01-02 to 12/17/2019

440-RICR-10-00-1 § 1.12 Violations

History

• Periodic Refile — effective from 2022-01-04 to current
• EMERGENCY RULE Amendment — effective from 2020-03-21 to 09/17/2020
• Amendment — effective from 2019-12-17 to 01/04/2022
• Adoption — effective from 2019-01-02 to 12/17/2019

440-RICR-10-00-1 § 1.13 Appeals

1.13.1Appeal of Notice of Violation to Hearing Officer

A.The issuance of a Notice of Violation may be appealed to the Hearing Officer by requesting a hearing in writing to the Board within twenty (20) days of the date of mailing or issuance of the Notice of Violation.

1.If timely filed, the Hearing Officer shall hold an administrative hearing in accordance with § 1.15 of this Part.

2.Upon conclusion of the hearing, the Hearing Officer shall issue a Final Order.

3.In accordance with R.I. Gen. Law § 5-65-6, a Final Order shall be considered delivered when deposited in the United States mail and/or sent registered or certified or post office receipt secured to the last known address of record.

B.If the Board does not receive a written request for an Appeal within twenty (20) days of the date of mailing the Notice of Violation, and the Respondent has not paid and/or complied with its requirements, the Notice of Violation shall automatically convert to a Final Order.

1.13.2 Appeal of Final Order by the Hearing Officer to the Full Board

A.A Final Order issued pursuant to §§ 1.11.4 or 1.13.1 of this Part, may be appealed to the Full Board by requesting an appeal in writing to the Board within twenty (20) days of the date of mailing or issuance of the Final Order.

B.If timely filed, the Full Board shall hear the appeal during one of its Board meetings, pursuant to the Open Meetings Act, R.I. Gen. Laws Chapter 42-46.

C.Board Consideration of Appeal:

1.Members of the Full Board shall only consider evidence presented to the Hearing Officer, issues raised in the appeal, and written and/or oral argument relative to the Final Order issued by the Hearing Officer.

2.Time allowed for oral argument may be limited by the Board.

3.The Board will not consider new or additional evidence.

4.The Board may allow the Board staff investigator to report on his/her investigative findings.

D.Upon conclusion of the testimony and consideration of the evidence and argument, the Board shall issue a decision affirming, modifying, dismissing, or remanding the violation back to the Hearing Officer.

E.In accordance with R.I. Gen. Law § 5-65-6, the decision shall be considered delivered when deposited in the United States mail and/or sent registered or certified or post office receipt secured to the last known address of record.

F.Decisions of the Full Board may be appealed to the Superior Court in accordance with § 1.13.3 of this Part.

1.13.3Appeal of Decision by the Full Board to the Superior Court

Pursuant to R.I. Gen. Laws § 42-35-15, any Party aggrieved by a decision of the Full Board may file an appeal with the Superior Court.

History

• Periodic Refile — effective from 2022-01-04 to current
• EMERGENCY RULE Amendment — effective from 2020-03-21 to 09/17/2020
• Amendment — effective from 2019-12-17 to 01/04/2022
• Adoption — effective from 2019-01-02 to 12/17/2019

440-RICR-10-00-1 § 1.14 Criminal Prosecution

Once all appeal rights have been extinguished, if a Respondent fails to comply with a Final Order, or a decision of the Full Board, the Board may refer the case to the Office of the Attorney General for criminal prosecution.

History

• Periodic Refile — effective from 2022-01-04 to current
• EMERGENCY RULE Amendment — effective from 2020-03-21 to 09/17/2020
• Amendment — effective from 2019-12-17 to 01/04/2022
• Adoption — effective from 2019-01-02 to 12/17/2019

440-RICR-10-00-1 § 1.15 Administrative Hearings

Administrative hearings shall comply with the requirements of R.I. Gen. Laws Chapter 42-35, the enabling acts of the Board, and this Subchapter.

1.15.1 Notice of Hearing:

A.A notice of administrative hearing shall comply with R.I. Gen. Laws § 42-35-9(b).

B.Unless otherwise agreed to by the Board and the parties, the Board shall schedule administrative hearings before a hearing officer no sooner than twenty (20) calendar days from the date the parties are notified of the hearing.

C.In accordance with R.I. Gen. Law § 5-65-6, a notice of hearing shall be considered delivered when deposited in the United States mail and/or sent registered or certified or post office receipt secured to the last known address of record.

D.For administrative hearings related to the notice of violation, the Hearing Officer is the appropriate forum. For an appeal related to a Final Order of the Hearing Officer, the appropriate forum is the Full Board.

1.15.2Representation

A.Appearances.

1.The Board shall notify each Party that each Party may retain legal counsel admitted in the State of Rhode Island.

2.Individuals and partners of partnerships may appear pro se if they choose. Corporations may be represented by an officer in the corporation, even if not a member of the state bar.

3.If a Party is not representing themselves, the Party must be represented by a member, in good standing, of the Bar of the State of Rhode Island, or by an out of state attorney who has been admitted pro hac vice by the Superior Court or by the appropriate court, unless exempted pursuant to R.I. Gen. Laws § 11-27-11.

4.All attorneys must conform to the standards of ethical conduct required of practitioners before the courts of the State of Rhode Island.

B.Appearances of Present and Former Employees of the Board.

1.No person who is currently an employee or member of the Board may appear before the Board or Department on behalf of any Person, or to represent any Person, or act as an expert witness before the Board or Department, except in the performance of his/her official duties as an employee or member of the Board.

2.No person having been so employed, or as a member of the Board may, within one (1) year after said employment has ceased, appear before the Board or Department on behalf of any other Person, or to represent any Person, or act as an expert witness before the Board or Department.

1.15.3Filing of Pleadings and Other Documents

A.All pleadings and other documents filed in any Contested Case shall, whenever possible, state the file number, if any, the title of the proceeding and the name of the Person on whose behalf the filing is made.

B.Form and Size. All pleadings and other documents filed, except those documents which are kept in a smaller or larger format during the ordinary course of business, are to be submitted on 8½ by 11 inch paper. At the discretion of the Hearing Officer or Board, filings may be made by telecopier, facsimile, or by electronic mail or any other manner or means approved by the Hearing Officer. If filings are made electronically, the Party shall also file a hard copy of any such electronic filing. All documents must include, if applicable, the Rhode Island Bar number, address, telephone number, facsimile number and email address of each attorney and pro se litigant. All papers shall be filed during Regular Business Hours. The Board or Department’s date stamp shall be presumptive of the actual date of filing.

C.Signature. The original copy of each pleading shall be signed and dated by the Party on whose behalf the pleading is made or by the Party's authorized representative. This signature shall constitute a certification that the individual has read the document, knows the contents thereof and to the best of his/her knowledge believes that such statements are true, that it is not interposed for delay and that if the pleading has been signed by an authorized representative, he/she has full power and authority to do so.

D.Construction. All pleadings shall be liberally construed and errors or defects therein which do not mislead or affect the substantial rights of the Parties involved may be disregarded.

1.15.4Service

A.Service Upon Parties and Others. A copy of all pleadings and other documents filed in any proceeding governed by this Part shall be served upon all other Parties.

B.Manner of Service. Unless otherwise ordered or authorized by the Hearing Officer, Board, or Department, service under this Part shall be made upon a Party or upon the Party's attorney, in accordance with R.I. Gen. Laws § 5-65-6.

C.Certificate of Service. There shall accompany and be included in the original of each pleading filed with the Board or Department a certificate of service showing service on all Parties.

D.Date of Certificate to Govern. In addition to the provisions of § 1.12.5 of this Part, the time for response to all pleadings shall commence as of the date of the certificate of service. However, if service is made by mail, then one (1) day shall be added to the prescribed period.

1.15.5 Time

A.Computation. Unless otherwise specifically provided by law, computation of any time period referred to in this Part shall begin with the first day following the act which initiates the running of the time period (including Saturday, Sunday and legal holidays). The last day of the time period so computed is to be included unless it is a Saturday, Sunday or legal holiday or any other day on which the Board is closed, in which case the period shall run until the end of Regular Business Hours of the next following business day.

B.Extensions of Time. It shall be within the discretion of the Hearing Officer, for good cause shown, to extend any time limit. All requests for extensions of time shall be made by written motion filed with the Hearing Officer before the expiration of the applicable time period unless waived by the Hearing Officer.

C.Continuances. Except as otherwise provided by law, the Hearing Officer may, at any time, with or without request, continue or adjourn a prehearing conference or a hearing. If a Party requests a continuance, the Hearing Officer may direct the Party to seek the assent of the other Party(ies) prior to deciding whether to grant such request. If the Hearing Officer grants a continuance at the request of a Party(ies), the Hearing Officer may direct the Party(ies) requesting the continuance to immediately notify all other Parties of record and if deemed necessary to prepare an order. If such an order is made, the continuance will only be effective when the notification to all other parties of record has been made.

1.15.6Motions

A.General. Any Party may request that the Hearing Officer enter any order or action not inconsistent with law or this Part. The types of motions made shall be those which are permissible under these Rules and the Rhode Island Superior Court Rules of Civil Procedure (“Super. R. Civ. P.”).

B.Presentation/Objections to Motions. Motions may be made in writing at any time before or after the commencement of a prehearing conference or hearing, and/or they may be made orally during a prehearing conference or hearing. Each motion shall set forth and/or state the grounds for the desired order or action and state whether oral argument is requested. Within ten (10) days after a written motion is filed with the Hearing Officer and served on the opposing Party(ies), a Party opposing said motion must file a written objection to the granting of the motion, and shall, if desired, request oral argument. All written motions and objections shall be accompanied by a written memorandum specifying the legal and factual basis for the Party's position.

C.Action on Motion. The Hearing Officer shall, if he/she/it determines oral argument on the motion is warranted, give notice of the time and place for such argument. The Hearing Officer may rule on a motion without argument if the motion involves a matter as to which the presentation of testimony or oral argument would not advance the Hearing Officer’s understanding of the issues involved or if disposition without argument would best serve the public interest. The Hearing Officer may act on a motion when all Parties have responded thereto, or the deadline for response has passed, whichever comes first.

1.15.7Discovery

A.General. The Board favors prompt and complete disclosure and exchange of information and encourages informal arrangements among the Parties for this exchange. It is the Board's policy to encourage the timely use of discovery as a means toward effective presentations at hearing and avoidance of the use of cross-examination at hearing for discovery purposes.

B.Procedure. Any Party, by written request served upon all other Parties, may request the other Party to produce for inspection, copying or photocopying document, object or tangible thing which are relevant to the subject matter of the hearing

C.Hearing Delay. No hearing shall be continued to permit the completion of discovery unless due diligence is shown.

D.Discovery Schedule. At the discretion of the Hearing Officer, the discovery schedule shall be set at the prehearing conference. The Hearing Officer may amend such discovery schedule at the request of a party or on his or her own volition.

E.Written Discovery. Written discovery as set forth in the Superior Court Rules of Civil Procedure is allowed but may be limited by the Hearing Officer.

F.Types of Discovery. Any other types of discovery as set forth in the Superior Court Rules of Civil Procedure may be allowed in the discretion of the Hearing Officer.

G.Discovery Disputes. Objections to discovery requests shall be made pursuant to the Superior Court Rules of Civil Procedure. If there is a dispute between the Parties relating to a Party’s failure to respond to discovery, the Party requesting the discovery shall comply with file a Motion to Compel Discovery with the Hearing Officer.

H.A Party is not required to file discovery responses with the Hearing Officer unless otherwise ordered by the Hearing Officer.

1.15.8Subpoenas

Upon application of any Party, subpoenas requiring the attendance and testimony of witnesses and to compel the production and examination of papers, books, accounts, documents, records, certificates and other evidence that may be necessary or proper for the determination and decision of any question before the forum may be issued by the Director upon submission to the Hearing Officer. Except as may be otherwise provided by law, including, without limitation, the provisions of R.I. Gen. Laws § 42-14-11, in cases where a subpoena is not honored, the Director may elect to make application to the State of Rhode Island Superior Court for an order to show cause why the Person who failed to honor the subpoena shall not be held in contempt and for such further relief as may be appropriate. The Hearing Officer may, on its own initiative, or on motion of any of the Parties or witnesses, issue such protective orders, grant such motions to quash and grant other motions as justice or fairness may require.

1.15.9Evidence

A.Rules of Evidence. Irrelevant, immaterial or unduly repetitious evidence shall be excluded in all proceedings wherein evidence is taken. While the rules of evidence as applied in civil cases in the Superior Courts of this state shall be followed to the extent practicable, the Hearing Officer shall not be bound by the technical evidentiary rules. Evidence not otherwise admissible may be admitted, unless precluded by statute, when necessary to ascertain facts not reasonably susceptible of proof under the rules, if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. The rules of privilege recognized by law shall apply. Objections to evidentiary offers may be made and shall be noted in the record.

B.Exhibits, Copies. In all cases wherein evidence is taken, exhibits may be introduced in the form of copies or excerpts, if the original is not readily available. Upon request, a Party shall be given an opportunity to compare the copy with the original.

C.Administrative Notice. In all proceedings wherein evidence is taken, notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally recognized technical or scientific facts within the Board or Department’s specialized knowledge; but Parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material noticed, including any report or data required by law or regulation to be filed with the Board or Department, and they shall be afforded an opportunity to contest the material so noticed. The Board or Department’s experience, technical competence and specialized knowledge may be utilized in the evaluation of the evidence. The burden is on the Party requesting the Board or Department’s notice to produce the documents or other matter for the Hearing Officer’s review.

D.Board Employees, Agents and Consultants. The Board or Department may employ the use of Board employees, agents, and consultants to assist him/her in the evaluation of any evidence introduced at the hearing. In the Hearing Officer’s discretion, these persons may be present at the hearing.

E.Oath. All testimony shall be under oath or by affirmation.

1.15.10Conduct of Hearings

A.General. Hearings shall be as informal as may be reasonable and appropriate under the circumstances. All Parties, witnesses and other Persons at a hearing shall conduct themselves in a manner consistent with the standards of decorum commonly observed in any courtroom. Where such decorum is not observed, the forum may take appropriate action including ejectment or adjournment, if necessary.

B.Duties of Hearing Officer. The Hearing Officer shall conduct the hearing, make all decisions regarding admission or exclusion of evidence or any other procedural matters and either administer oaths to all witnesses or ask the stenographer to do so.

C.Order of Proceedings. Except as otherwise required by law, it shall be the usual practice that the Board or the complainant shall open. Where evidence is peculiarly within the knowledge of one Party, or in cases in which contested cases have been consolidated or where there are multiple Parties, the Hearing Officer may, in its discretion, direct who shall open and shall further designate the order of presentation.

D.Rights of Parties. Parties shall have the right to present evidence, cross-examine witnesses, object, make motions, and present arguments.

E.Record of Proceedings.

1.A complete record of the proceedings shall be recorded on audiotape, or at the discretion of the Hearing Officer, by stenographic record. In the event the Hearing Officer orders a stenographic record, the Hearing Officer shall declare which Party or Parties shall bear the cost thereof. Any Party may on his, her or its own initiative order a stenographic record made of the proceedings. The requesting Party shall incur all costs associated therewith. The Hearing Officer shall be provided, at no cost, with the original of the stenographic record and Board Counsel shall be provided with a copy at no cost. Any Party may request a copy of the audiotape record of the proceedings. The requesting Party shall bear the cost thereof.

2.If a Party chooses to appeal a final Board Decision to Superior Court pursuant to R.I. Gen. Laws Chapter 42-35 and the Superior Court requires a transcript of the hearing, said Party shall be responsible for having the transcript prepared by an independent person or company at his, her or its expense within twenty (20) days of filing the appeal.

F.Public Hearings. Except as required by law, all hearings are to be open to the public. In general, any Person who is not a Party to a proceeding may, in the discretion of the Hearing Officer, be permitted to make oral or submit written statements on any issues relevant to the proceeding.

G.Close of Proceedings. At the conclusion of the evidence, the Hearing Officer may, in its discretion, permit the Parties to argue orally and/or to submit written briefs. The Hearing Officer may direct that proposed findings of fact and conclusions of law be submitted by the Parties. The record in the proceeding shall close after oral argument, the deadline for the filing of the briefs, or upon such date as may be set by the Hearing Officer. No evidence shall be admitted thereafter, unless otherwise ordered by the Hearing Officer. The Hearing Officer may in any case require either Party, with appropriate notice to the other Party, to submit additional evidence in any matter relevant to the hearing.

H.Waiver of Hearing. In any proceeding, if the Parties agree to waive the hearing, the forum may dispose of the matter upon the pleadings and other submittals of the Parties.

I.Dispositions. Unless otherwise precluded by law, disposition may be made of any contested case at any time by stipulation, consent agreement, consent order, default, or dismissal by the forum. A joint request for a stay of the hearing for the purpose of preparing documents relevant to the above shall be forwarded to the forum and may be granted within the sound discretion of the forum.

1.15.11Decisions

All decisions rendered by the Hearing Officer shall be in writing or placed on the record and shall comply with the requirements of R.I. Gen. Laws § 42-35-12.

History

• Periodic Refile — effective from 2022-01-04 to current
• EMERGENCY RULE Amendment — effective from 2020-03-21 to 09/17/2020
• Amendment — effective from 2019-12-17 to 01/04/2022
• Adoption — effective from 2019-01-02 to 12/17/2019

440-RICR-10-00-1 § 1.16 Expungements

A.The Board may consider the expungement of claims or violations upon written request of a registrant/licensee. The petition will not be considered unless submitted on the prescribed form along with the appropriate the fee pursuant to R.I. Gen. Laws. § 5-65-10(g).

B.The Board may consider evidence, testimony and support, and objections from any interested Party, including, but not limited to:

1.Volume and/or frequency of claims or violations;

2.Severity of offenses;

3.Code violations cited;

4.Present record;

5.Time since last incident; and

6.Other court cases.

C.Matters which have resulted in a conviction in a court of competent jurisdiction shall not be considered for expungement by the Board.

D.The Board will not consider a request for expungement if the applicant has pending actions on the applicant's registration/license.

E.An administrative hearing resulting in judgment for the respondent may be expunged.

F.Partial expungement of the respondent' record may be granted at the Board’s discretion.

G.Upon investigation by the Board’s investigative staff, an invalid claim, a claim that is deemed frivolous in nature, or a claim in which the claimant failed to notify the registrant of deficiencies in a timely manner, may be expunged.

History

• Periodic Refile — effective from 2022-01-04 to current
• EMERGENCY RULE Amendment — effective from 2020-03-21 to 09/17/2020
• Amendment — effective from 2019-12-17 to 01/04/2022
• Adoption — effective from 2019-01-02 to 12/17/2019

440-RICR-10-00-1 § 1.17 Default

If any Party to a proceeding fails to answer a complaint, plead, appear at a prehearing conference or hearing or otherwise fails to prosecute or defend an action as provided by these Rules, the Hearing Officer or Board may enter a default judgment against the defaulting Party or take such action based on the pleadings and/or other evidence submitted by the non-defaulting Party as the forum deems appropriate. Challenge to such an order shall be made as a motion for reconsideration per § 1.15.6 of this Part.

History

• Periodic Refile — effective from 2022-01-04 to current
• EMERGENCY RULE Amendment — effective from 2020-03-21 to 09/17/2020
• Amendment — effective from 2019-12-17 to 01/04/2022
• Adoption — effective from 2019-01-02 to 12/17/2019

440-RICR-10-00-1 § 1.18 Disqualification; Incapacity of Hearing Officer

A.Disqualification. Any Party may make a motion to the Director requesting that he/she disqualify or remove the Hearing Officer from the proceeding. The motion shall be accompanied by an affidavit setting forth the reasons for the disqualification. In the event that the motion to disqualify is granted, the Director shall assign another Hearing Officer to the matter.

B.Incapacity. When the Hearing Officer becomes incapacitated or unavailable to complete a hearing and/or render a decision, the hearing shall be conducted, and/or the decision shall be rendered by a substitute Hearing Officer appointed by the Director. If any party objects to the substitution, that party must prove prejudice by presentation of argument and evidence to the substitute Hearing Officer. If the substitute Hearing Officer finds that the objecting party will be prejudiced, the substitute Hearing Officer will issue an order making such findings and will hear the matter de novo.

History

• Periodic Refile — effective from 2022-01-04 to current
• EMERGENCY RULE Amendment — effective from 2020-03-21 to 09/17/2020
• Amendment — effective from 2019-12-17 to 01/04/2022
• Adoption — effective from 2019-01-02 to 12/17/2019

440-RICR-10-00-1 § 1.19 Miscellaneous Provisions

A.Intervention. Any Person claiming a right to intervene or an interest of such a nature that intervention is necessary or appropriate to the administration of the statute under which the proceeding is brought may seek to intervene in any proceeding. Intervention may be initiated by filing a motion to intervene with the forum. The motion shall set out clearly and concisely the facts from which the nature of the movant's alleged right of interest can be determined, the grounds for the proposed intervention and the position of the movant in the proceeding.

B.Ex Parte Consultations. No Person who is a Party to or a participant in any proceeding before the Board or the Party's counsel, employee, agent or any other individual acting on the Party's behalf, shall communicate ex parte with the Board about any matter related to the proceeding, and the Board shall not request or entertain any such ex parte communications. The prohibitions contained above do not apply to those communications which relate solely to general matters of procedure and scheduling.

C.Consolidation. The Hearing Officer may, in his/her discretion, consolidate or combine several matters for purposes of hearing or other proceedings, when he/she finds that sufficient common issues of fact or law or both are involved.

D.Plural. Words in the singular number include the plural, and vice-versa, except where the context otherwise requires or where a contrary result appears from necessary implication.

E.Appointment of Board Counsel. At any time during a complaint hearing, the forum may request that the Director appoint Board Counsel to prosecute the case on behalf of the complainant.

F.Statutes. If any statute has different requirements than those contained within this Regulation, the statute shall be controlling.

G.Public Documents. The Board reserves the right to publish in any form any public document.

History

• Periodic Refile — effective from 2022-01-04 to current
• EMERGENCY RULE Amendment — effective from 2020-03-21 to 09/17/2020
• Amendment — effective from 2019-12-17 to 01/04/2022
• Adoption — effective from 2019-01-02 to 12/17/2019

440-RICR-10-00-1 § 1.20 Hearings - Public Information

A.Access to public records shall be governed in accordance with R.I. Gen. Laws § 38-2-1 et seq. All hearings are conducted pursuant to the Administrative Procedures Act, R.I. Gen. Laws § 42-35-1 et seq. Except where the Director, his or her designee or the Hearing Officer directs otherwise, upon the opening of the prehearing conference all pleadings, orders, communications, exhibits and other documents filed with the forum shall become public records. Any claim of privilege shall be governed by the policy underlying the Access to Public Records Act, with the burden of proof resting on the party claiming the privilege.

B.Any Party may request a preliminary finding that some or all of the information is not a public document under the Access to Public Records Act. A preliminary finding that some documents are privileged shall not preclude the Board from later determining that those documents are public in accordance with R.I. Gen. Laws Chapter 38-2.

C.Claims of privilege shall be made by filing a written request with the Board. One copy of the original documents, boldly indicating on the front page, “Contains Privileged Information – Do Not Release,” shall be filed specifically identifying the information for which the privilege is sought, along with a description of the grounds upon which the Party is claiming a privilege. If a document is filed electronically, it shall contain a statement that the information has been redacted; however, the original document must be filed as delineated above.

D.The Board shall retain the documents for which privilege is asserted to exist in a secure, non-public file until a determination is made as to whether to grant the request for privileged treatment.

E.Any person, whether or not a Party, may apply to the Board for release of the information, pursuant to R.I. Gen. Laws Chapter 38-2, the Access to Public Records Act.

History

• Periodic Refile — effective from 2022-01-04 to current
• EMERGENCY RULE Amendment — effective from 2020-03-21 to 09/17/2020
• Amendment — effective from 2019-12-17 to 01/04/2022
• Adoption — effective from 2019-01-02 to 12/17/2019

440-RICR-10-00-1 § 1.21 Publication of Orders and Notices

The publication of all orders issued by the board and notices of hearing shall comply with the requirements of R.I. Gen. Laws § 5-65-25.

History

• Periodic Refile — effective from 2022-01-04 to current
• EMERGENCY RULE Amendment — effective from 2020-03-21 to 09/17/2020
• Amendment — effective from 2019-12-17 to 01/04/2022
• Adoption — effective from 2019-01-02 to 12/17/2019

440-RICR-10-00-1 § 1.22 Equal Access to Justice for Small Business

History

• Periodic Refile — effective from 2022-01-04 to current
• EMERGENCY RULE Amendment — effective from 2020-03-21 to 09/17/2020
• Amendment — effective from 2019-12-17 to 01/04/2022
• Adoption — effective from 2019-01-02 to 12/17/2019

440-RICR-10-00-1 § 1.23 Severability

If any section, term, or provision of this Regulation should be declared invalid for any reason, the remaining sections, terms, and/or provisions shall remain in full force and effect.

History

• Periodic Refile — effective from 2022-01-04 to current
• EMERGENCY RULE Amendment — effective from 2020-03-21 to 09/17/2020
• Amendment — effective from 2019-12-17 to 01/04/2022
• Adoption — effective from 2019-01-02 to 12/17/2019

440-RICR-10-00-2 Rules and Regulations for Contractors

440-RICR-10-00-2 § 2.1 Authority

These rules and regulations are promulgated by the Contractors’ Registration and Licensing Board ("Board") in accordance with R.I. Gen. Laws § 5-65-17.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-12-19 to 01/04/2022
• Technical Revision — effective from 2019-01-02 to 12/19/2019

440-RICR-10-00-2 § 2.2 Purpose

The purpose of this Part is to administer and enforce the Contractors’ Registration Law, R.I. Gen. Laws Chapter 5-65. The Contractors’ Registration Law requires every contractor, remodeler and most subcontractors who are in the business of building or repairing residential or commercial structures and their appurtenances in the State of Rhode Island to register with the Contractors’ Registration and Licensing Board, so that claims filed against them can be heard and settled. Any person who fails to register as a contractor, as stipulated, is subject to penalties for operating without a registration.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-12-19 to 01/04/2022
• Technical Revision — effective from 2019-01-02 to 12/19/2019

440-RICR-10-00-2 § 2.3 Incorporated Materials

Reserved

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-12-19 to 01/04/2022
• Technical Revision — effective from 2019-01-02 to 12/19/2019

440-RICR-10-00-2 § 2.4 Definitions

.In addition to the terms defined in R.I. Gen Laws § 5-65-1 and § 1.4 of Part 1 of this Subchapter, the following terms shall have the following meanings.

A."Appurtenance" means any accessory improvement to real estate associated with a primary structure. An appurtenance includes, but is not limited to, any of the following, located on land owned by the owner of the structure to enhance the residential or commercial use of the structure:

1.Garage or carport;

2.Porch, patio, decks and deck steps, docks, sheds, tents and other fabric structures (temporary or permanent), gazebos, walkways, or fencing;

3.Driveways, roads or bridges;

4.A retaining wall when necessary to protect a structure or its appurtenances or to comply with building code slope requirements or when done in conjunction with landscaping work;

5.Swimming pools;

6.Sidewalks;

7.Stone/masonry walls;

8.Towers; and

9.Roadways and parking areas.

B."Casual," "Minor" or "Inconsequential" means work not of a structural nature that cannot affect the health or safety of the owner or occupant of the structure; the value for the contract, labor, materials, and all other items is less than five-hundred dollars ($500.00) as used in R.I. Gen. Laws § 5-65-2(4).

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-12-19 to 01/04/2022
• Technical Revision — effective from 2019-01-02 to 12/19/2019

440-RICR-10-00-2 § 2.5 General Administration and Procedures

A.Administrative procedures for the registration of contractors shall comply with R.I. Gen. Laws Chapter 5-65 and the following sections of Part 1 of this Subchapter:

1.Delivery of Notices: § 1.5(A) of this Subchapter.

2.Change of Address § 1.5(B) of this Subchapter.

3.Public Records and Information Requests: § 1.5(C) of this Subchapter.

4.Certification of Registration/License § 1.5(D) of this Subchapter.

5.Filing Fees and Record Changes § 1.5(E) of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-12-19 to 01/04/2022
• Technical Revision — effective from 2019-01-02 to 12/19/2019

440-RICR-10-00-2 § 2.6 General Registration and Licensing Requirements

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-12-19 to 01/04/2022
• Technical Revision — effective from 2019-01-02 to 12/19/2019

440-RICR-10-00-2 § 2.7 Applications for Registration

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-12-19 to 01/04/2022
• Technical Revision — effective from 2019-01-02 to 12/19/2019

440-RICR-10-00-2 § 2.8 Education Requirements - Pre-Registration and Continuing Education

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-12-19 to 01/04/2022
• Technical Revision — effective from 2019-01-02 to 12/19/2019

440-RICR-10-00-2 § 2.9 Complaints

A.The procedure for filing a complaint against a contractor shall comply with R.I. Gen. Laws § 5-65 and the following sections of Part 1 of this Subchapter:

1.Duty to Participate: § 1.9.1 of this Subchapter.

2.Complaints Generally: § 1.9.2 of this Subchapter.

3.Board Initiated Investigations: § 1.9.3 of this Subchapter.

4.The Board's Right to Refuse and/or Dismiss Complaints: § 1.9.4 of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-12-19 to 01/04/2022
• Technical Revision — effective from 2019-01-02 to 12/19/2019

440-RICR-10-00-2 § 2.10 2.10 Notice of Accepted Complaints and Initial Board Investigation

The rules pertaining to the notice of accepted complaints and initial board investigation shall comply with R.I. Gen. Laws § 5-65 and § 1.10 of this subchapter:

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-12-19 to 01/04/2022
• Technical Revision — effective from 2019-01-02 to 12/19/2019

440-RICR-10-00-2 § 2.11 Prehearing Conferences and Alternative Dispute Resolution

A.The rules pertaining to Prehearing Conferences and Alternative Dispute Resolution shall comply with R.I. Gen. Laws § 5-65 and the following sections of Part 1 of this Subchapter:

1.Pre-Hearing Conferences: § 1.11.1 of this Subchapter.

2.Alternative Dispute Resolution: § 1.11.2 of this Subchapter.

3.Pre-Hearing/Alternative Dispute Resolution Procedures: § 1.11.3 of this Subchapter.

4.Administrative Hearings Based on Contested Cases: § 1.11.4 of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-12-19 to 01/04/2022
• Technical Revision — effective from 2019-01-02 to 12/19/2019

440-RICR-10-00-2 § 2.12 Violations

A.The rules pertaining to violations shall comply with R.I. Gen. Laws § 5-65 and the following sections of Part 1 of this Subchapter:

1.Authority: § 1.12.1 of this Subchapter.

2.Procedure for Investigating and Processing Violations: § 1.12.2 of this Subchapter.

3.Notices of Violation / Proposed Order: § 1.12.3 of this Subchapter.

4.Fines / Penalties: § 1.12.4 of this Subchapter.

5.Court Judgments / Arbitration Awards - Effect on Registration/License: § 1.12.5 of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-12-19 to 01/04/2022
• Technical Revision — effective from 2019-01-02 to 12/19/2019

440-RICR-10-00-2 § 2.13 Appeals

A.The rules pertaining to appeals shall comply with R.I. Gen. Laws § 5-65 and the following sections of Part 1 of this Subchapter:

1.Appeal of Notice of Violation to Hearing Officer: § 1.13.1 of this Subchapter.

2.Appeal of Final Order by the Hearing Officer to the Full Board: § 1.13.2 of this Subchapter.

3.Appeal of Final Order by the Full Board to the Superior Court: § 1.13.3 of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-12-19 to 01/04/2022
• Technical Revision — effective from 2019-01-02 to 12/19/2019

440-RICR-10-00-2 § 2.14 Criminal Prosecution

The rules pertaining to criminal prosecution shall comply with R.I. Gen. Laws § 5-65 and § 1.14 of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-12-19 to 01/04/2022
• Technical Revision — effective from 2019-01-02 to 12/19/2019

440-RICR-10-00-2 § 2.15 2.15 Administrative Hearings

A.The rules pertaining to administrative hearings shall comply with R.I. Gen. Laws Chapters 42-35 and 5-65 and the following sections of Part 1 of this Subchapter:

1.Notice of Hearing: § 1.15.1 of this Subchapter.

2.Representation: § 1.15.2 of this Subchapter.

3.Filing of Pleadings and Other Documents: § 1.15.3 of this Subchapter.

4.Service: § 1.15.4 of this Subchapter.

5.Time: § 1.15.5 of this Subchapter.

6.Motions: § 1.15.6 of this Subchapter.

7.Discovery: § 1.15.7 of this Subchapter.

8.Subpoenas: § 1.15.8 of this Subchapter.

9.Evidence: § 1.15.9 of this Subchapter.

10.Conduct of Hearings: § 1.15.10 of this Subchapter.

11.Decisions: § 1.15.11 of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-12-19 to 01/04/2022
• Technical Revision — effective from 2019-01-02 to 12/19/2019

440-RICR-10-00-2 § 2.16 Expungements

The rules pertaining to expungements shall comply with R.I. Gen. Laws Chapter 5-65 and § 1.16 of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-12-19 to 01/04/2022
• Technical Revision — effective from 2019-01-02 to 12/19/2019

440-RICR-10-00-2 § 2.17 Default

The rules pertaining to default shall comply with R.I. Gen. Laws Chapter 5-65 and § 1.17 of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-12-19 to 01/04/2022
• Technical Revision — effective from 2019-01-02 to 12/19/2019

440-RICR-10-00-2 § 2.18 Disqualification / Incapacity of Hearing Officer

The rules pertaining to disqualification / incapacity of Hearing Officer shall comply with § 1.18 of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-12-19 to 01/04/2022
• Technical Revision — effective from 2019-01-02 to 12/19/2019

440-RICR-10-00-2 § 2.19 Miscellaneous Provisions

The rules pertaining to miscellaneous provisions shall comply with § 1.19 of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-12-19 to 01/04/2022
• Technical Revision — effective from 2019-01-02 to 12/19/2019

440-RICR-10-00-2 § 2.20 2.20 Hearings - Public Information

The rules pertaining to the hearings - public information shall comply with § 1.20 of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-12-19 to 01/04/2022
• Technical Revision — effective from 2019-01-02 to 12/19/2019

440-RICR-10-00-2 § 2.21 Publication of Orders and Notices

The publication of all orders issued by the board and notices of hearing shall comply with the requirements of R.I. Gen. Laws § 5-65-25.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-12-19 to 01/04/2022
• Technical Revision — effective from 2019-01-02 to 12/19/2019

440-RICR-10-00-2 § 2.22 Equal Access to Justice for Small Business

The rules pertaining to the equal access to justice for small business shall comply with § 1.22 of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-12-19 to 01/04/2022
• Technical Revision — effective from 2019-01-02 to 12/19/2019

440-RICR-10-00-2 § 2.23 Severability

The rules pertaining to severability shall comply with § 1.23 of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-12-19 to 01/04/2022
• Technical Revision — effective from 2019-01-02 to 12/19/2019

440-RICR-10-00-2 § 2.24 Standards of Professional Practice

A.Contractors must perform all work in accordance with R.I. Gen. Laws Chapter 5-65, these Rules and Regulations, any plans and specifications governing the project(s), and additionally rely on generally accepted practices, industry standards, and city/town/municipal regulations to determine if a deficiency exists and what remedies shall be implemented to correct any identified defects or problems.

B.The Rhode Island Contractors’ Registration and Licensing Board and/or its staff may inspect contractors’ work to ensure it complies with all applicable laws, regulations, city/town/municipal regulations, plans, and specifications governing the project, industry standards, manufacturers' specifications. Contractor responsibility may not extend to items which have been subject to owner neglect, modifications, or abnormal use.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-12-19 to 01/04/2022
• Technical Revision — effective from 2019-01-02 to 12/19/2019

440-RICR-10-00-3 Rules and Regulations for Underground Utility Contractors

440-RICR-10-00-3 § 3.1 Authority

These rules and regulations are promulgated pursuant to R.I. Gen. Laws Chapter 5-65.3.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-12-19 to 01/04/2022
• Amendment — effective from 2019-01-02 to 12/19/2019
• Adoption — effective from 2015-09-02 to 01/02/2019
• EMERGENCY RULE Adoption — effective from 2015-02-23 to 09/02/2015

440-RICR-10-00-3 § 3.2 Purpose

A.The purpose of this Part is to administer and enforce the provisions of the Underground Utility Contractors’ Licensing Law, R.I. Gen. Laws Chapter 5-65.3 and to promote public safety, health, and welfare by providing a mechanism to ensure that all underground utility contractors conducting business in the State of Rhode Island have the requisite skills, training, and experience necessary to safely and adequately conduct underground utility activities within this state. Any person who fails to acquire an underground utility contractor license as stipulated is subject to penalties for operating without a license.

B.If a person intends to conduct work outside of the scope of an underground utility contractor and within the scope of another trade, license, or registration, the person must first obtain the proper license or registration. Failure to obtain the proper license or registration and conducting that scope of work under an underground utility contractor license may result in fines.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-12-19 to 01/04/2022
• Amendment — effective from 2019-01-02 to 12/19/2019
• Adoption — effective from 2015-09-02 to 01/02/2019
• EMERGENCY RULE Adoption — effective from 2015-02-23 to 09/02/2015

440-RICR-10-00-3 § 3.3 Incorporated Materials

Reserved

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-12-19 to 01/04/2022
• Amendment — effective from 2019-01-02 to 12/19/2019
• Adoption — effective from 2015-09-02 to 01/02/2019
• EMERGENCY RULE Adoption — effective from 2015-02-23 to 09/02/2015

440-RICR-10-00-3 § 3.4 Definitions

A.In addition to the terms defined in R.I. Gen Laws § 5-65.3-2 and § 1.4 of Part 1 of this Subchapter, the following terms shall have the following meanings:

1."Appurtenance" means any accessory improvement to real estate associated with a primary structure. An appurtenance includes, but is not limited to, any of the following, located on land owned by the owner of the structure to enhance the residential or commercial use of the structure:

a.Garage or carport;

b.Porch, patio, decks and deck steps, docks, sheds, tents and other fabric structures (temporary or permanent), gazebos, walkways, or fencing;

c.Driveways, roads or bridges;

d.A retaining wall when necessary to protect a structure or its appurtenances or to comply with building code slope requirements or when done in conjunction with landscaping work;

e.Swimming pools;

f.Sidewalks;

g.Stone/masonry walls;

h.Towers; and

i.Roadways and parking areas.

2."Building sewer" means that part of the drainage system that extends five feet (5’) from the outer wall of the building or structure and conveys the discharge to public sewer, private sewer, individual sewage disposal system or point of disposal as defined in state building code.

3."Community water supply" means any public water supply which served at least fifteen (15) service connections used by year-round residents or regularly serves at least twenty-five (25) year-round residents.

4."Drain" or "Building drain" means the part of the lowest piping of a drainage system that receives the discharge from soil, waste and other drainage pipes inside and that extends beyond the walls of the building and conveys the drainage from the building; any pipe that carries water in a building or structure drainage system.

5."Good standing" means an applicant who seeks to obtain an underground utility contractor’s license must not have any pending unresolved claims, violations, penalties, or fines with the Board for any license or registration held by the applicant, or with any other licensing agency in Rhode Island or out of state.

6."Individual private water systems" means a type of system designed to supply property owner(s) and/or one tenant of record with potable water for consumption and use.

7."Lateral" means the service line from the sewer main or force main to the property line or curb line.

8."Multi-Family residential systems" means supply systems that serve three (3) or more residential dwelling units.

9."Municipality" or "Municipal authority" means the appropriate state or local city or town authority involved in the day-to-day inspection of underground utility work or sewer and drain installations. The municipalities assist the Board in enforcement of R.I. Gen. Laws Chapter 5-65.3 and, pursuant to R.I. Gen. Laws § 5-65.3-18, shall have the authority to demand the production of a license by an underground utility contractor, as well as investigate and, where appropriate, make complaints to the Board regarding underground utility contractor work or violations.

10."Onsite wastewater treatment system" means any system of piping, tanks, dispersal areas, alternative toilets or other facilities designed to function as a unit to convey, store, treat or disperse wastewater by means other than discharge into a public wastewater system.

11."Onsite wastewater treatment system license" or "OWTS" means a license obtained under R.I. Gen. Laws Chapter 5-56 and granted by the Department of Environmental Management, or R.I. Gen. Laws § 5-20-38 for installing, constructing, altering, repairing or causing to be installed, constructed, altered, or repaired any individual sewage disposal system; or installing a water service.

12."Pipe" or "Water service" means the pipe from the water main or other source of potable water supply, or from the meter when the meter is at the public right of way, to the water distribution system of the building served.

13“Plans and specifications” means construction and/or engineering plans, including system site plans, storm drain plans and profiles, cross sections, detailed drawings, etc., or reproduction thereof, showing the location, character, dimensions, and details for the work proposed, and approved or to be approved by the owner, engineer, municipality, or architect. When approved, such plans become a supplement to these Rules and Regulations and the underground utility contractor must perform work in accord with said plans.

14."Potable water" means water that is fit or suitable to drink; water free from impurities present in amounts sufficient to cause disease or harmful physiological effects and conforming to the bacteriological and chemical quality requirements of the Department of Public Health or regulations of the public authority having jurisdiction.

15."Service line" means a pipe for the transmission or conveyance of potable water under pressure either from an individual well or from a distribution main, to a building or structure.

16."Sewer" means the part of the waste system that extends from the end of the building sewer and conveys the discharge to a public sewer, private sewer, individual sewage disposal system or other point of disposal.

17."Storm drain" means any pipe or structure designed to collect, carry, and divert surface water runoff.

18."Underground utility" means the installation, repair, alteration, or replacement of underground utilities, sewer lines, storm drainage lines or water lines, water service and laterals, laying drains and related services outside of buildings, making connections with public and/or private underground utilities, provided that such work is to be done between the main, lateral, related services and/or appurtenances to within five feet (5') of the outer wall of a building or structure and specifically excluding gas and telecommunications work and any work defined in R.I. Gen. Laws § 28-27-28.

19."Underground utility contractor" means any corporation, association, sole proprietorship, firm, partnership, limited liability corporation, limited liability partnership, or other business organization that is engaged in the installation, repair, alteration, or replacement of underground utilities, outside of buildings, making connections with public and/or private underground utilities provided that such work is to be done between the main, laterals, services and/or appurtenances to within five feet (5') of the outer walls of a building or structure. The term "underground utility contractor" shall include any agent, servant, and/or employee of a licensed underground utility contractor. The term "underground utility contractor" does not include individuals licensed under R.I. Gen. Laws Chapter 5-20, "Plumbers and Irrigators." An underground utility contractor is a person who has a contract, either oral or written, with the property owner to perform work subject to R.I. Gen. Laws Chapter 5-65.3; who may engage one or more subcontractors to perform all or part of the work; and who may have responsibility for the entire project which is the subject of the contract.

20."Water supply system" means and includes any apparatus, equipment, water service pipes, water distribution pipes, and the necessary connecting pipes, control valves, and all appurtenances adjacent to the structure or premises, including the supply of water to the main water distribution line, geo-thermal, and all other water needs that require storage, pumping, treatment, filtration, or alteration in any way.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-12-19 to 01/04/2022
• Amendment — effective from 2019-01-02 to 12/19/2019
• Adoption — effective from 2015-09-02 to 01/02/2019
• EMERGENCY RULE Adoption — effective from 2015-02-23 to 09/02/2015

440-RICR-10-00-3 § 3.5 General Administration and Procedures

A.Administrative procedures for the licensing of underground utility contractors shall comply with R.I. Gen. Laws Chapters 5-65, 5-65.3, and the following sections of Part 1 of this Subchapter:

1.Delivery of Notices: § 1.5(A) of this Subchapter.

2.Change of Address § 1.5(B) of this Subchapter.

3.Public Records and Information Requests: § 1.5(C) of this Subchapter.

4.Certification of Registration/License § 1.5(D) of this Subchapter.

5.Filing Fees and Record Changes § 1.5(E) of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-12-19 to 01/04/2022
• Amendment — effective from 2019-01-02 to 12/19/2019
• Adoption — effective from 2015-09-02 to 01/02/2019
• EMERGENCY RULE Adoption — effective from 2015-02-23 to 09/02/2015

440-RICR-10-00-3 § 3.6 General Licensing Requirements

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-12-19 to 01/04/2022
• Amendment — effective from 2019-01-02 to 12/19/2019
• Adoption — effective from 2015-09-02 to 01/02/2019
• EMERGENCY RULE Adoption — effective from 2015-02-23 to 09/02/2015

440-RICR-10-00-3 § 3.7 Applications for Licensure

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-12-19 to 01/04/2022
• Amendment — effective from 2019-01-02 to 12/19/2019
• Adoption — effective from 2015-09-02 to 01/02/2019
• EMERGENCY RULE Adoption — effective from 2015-02-23 to 09/02/2015

440-RICR-10-00-3 § 3.8 Educational Requirements- Pre-Registration and Continuing Education

Reserved

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-12-19 to 01/04/2022
• Amendment — effective from 2019-01-02 to 12/19/2019
• Adoption — effective from 2015-09-02 to 01/02/2019
• EMERGENCY RULE Adoption — effective from 2015-02-23 to 09/02/2015

440-RICR-10-00-3 § 3.9 Complaints

A.The procedure for filing a complaint against an underground utility contractor shall comply with R.I. Gen. Laws Chapters 5-65, 5-65.3, and the following sections of Part 1 of this Subchapter:

1.Duty to Participate: § 1.9.1 of this Subchapter.

2.Complaints Generally: § 1.9.2 of this Subchapter.

3.Board Initiated Investigations: § 1.9.3 of this Subchapter.

4.The Board's Right to Refuse and/or Dismiss Complaints: § 1.9.4 of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-12-19 to 01/04/2022
• Amendment — effective from 2019-01-02 to 12/19/2019
• Adoption — effective from 2015-09-02 to 01/02/2019
• EMERGENCY RULE Adoption — effective from 2015-02-23 to 09/02/2015

440-RICR-10-00-3 § 3.10 3.10 Notice of Accepted Complaints and Initial Board Investigation

The rules and regulations pertaining to the notice of accepted complaints and initial board investigation shall comply with R.I. Gen. Laws Chapters § 5-65, 5-65.3, and § 1.10 of Part 1 of this Subchapter:

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-12-19 to 01/04/2022
• Amendment — effective from 2019-01-02 to 12/19/2019
• Adoption — effective from 2015-09-02 to 01/02/2019
• EMERGENCY RULE Adoption — effective from 2015-02-23 to 09/02/2015

440-RICR-10-00-3 § 3.11 Prehearing Conferences and Alternative Dispute Resolution

A.The rules pertaining to prehearing conferences and alternative dispute resolution shall comply with R.I. Gen. Laws Chapters § 5-65, 5-65.3, and the following sections of Part 1 of this Subchapter:

1.Pre-Hearing Conferences: § 1.11.1 of this Subchapter.

2.Alternative Dispute Resolution: § 1.11.2 of this Subchapter.

3.Pre-Hearing/Alternative Dispute Resolution Procedures: § 1.11.3 of this Subchapter.

4.Administrative Hearings Based on Contested Cases: § 1.11.4 of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-12-19 to 01/04/2022
• Amendment — effective from 2019-01-02 to 12/19/2019
• Adoption — effective from 2015-09-02 to 01/02/2019
• EMERGENCY RULE Adoption — effective from 2015-02-23 to 09/02/2015

440-RICR-10-00-3 § 3.12 Violations

A.The rules pertaining to violations shall comply with R.I. Gen. Laws Chapters § 5-65, 5-65.3, and the following sections of Part 1 of this Subchapter:

1.Authority: § 1.12.1 of this Subchapter.

2.Procedure for Investigating and Processing Violations: § 1.12.2 of this Subchapter.

3.Notices of Violation / Proposed Order: § 1.12.3 of this Subchapter.

4.Fines / Penalties: § 1.12.4 of this Subchapter.

5.Court Judgments / Arbitration Awards - Effect on Registration/License: § 1.12.5 of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-12-19 to 01/04/2022
• Amendment — effective from 2019-01-02 to 12/19/2019
• Adoption — effective from 2015-09-02 to 01/02/2019
• EMERGENCY RULE Adoption — effective from 2015-02-23 to 09/02/2015

440-RICR-10-00-3 § 3.13 Appeals

A.The rules pertaining to appeals shall comply with R.I. Gen. Laws § 5-65 and the following sections of Part 1 of this Subchapter:

1.Appeal of Notice of Violation to Hearing Officer: § 1.13.1 of this Subchapter.

2.Appeal of Final Order by the Hearing Officer to the Full Board: § 1.13.2 of this Subchapter.

3.Appeal of Final Order by the Full Board to the Superior Court: § 1.13.3 of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-12-19 to 01/04/2022
• Amendment — effective from 2019-01-02 to 12/19/2019
• Adoption — effective from 2015-09-02 to 01/02/2019
• EMERGENCY RULE Adoption — effective from 2015-02-23 to 09/02/2015

440-RICR-10-00-3 § 3.14 Criminal Prosecution

The rules pertaining to criminal prosecution shall comply with R.I. Gen. Laws § 5-65 and § 1.14 of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-12-19 to 01/04/2022
• Amendment — effective from 2019-01-02 to 12/19/2019
• Adoption — effective from 2015-09-02 to 01/02/2019
• EMERGENCY RULE Adoption — effective from 2015-02-23 to 09/02/2015

440-RICR-10-00-3 § 3.15 3.15 Administrative Hearings

A.The rules pertaining to Administrative Hearings shall comply with R.I. Gen. Laws Chapters 42-35 and 5-65 and the following sections of Part 1 of this Subchapter:

1.Notice of Hearing: § 1.15.1 of this Subchapter.

2.Representation: § 1.15.2 of this Subchapter

3.Filing of Pleadings and Other Documents: § 1.15.3 of this Subchapter.

4.Service: § 1.15.4 of this Subchapter.

5.Time: § 1.15.5 of this Subchapter.

6.Motions: § 1.15.6 of this Subchapter.

7.Discovery: § 1.15.7 of this Subchapter.

8.Subpoenas: § 1.15.8 of this Subchapter.

9.Evidence: § 1.15.9 of this Subchapter.

10.Conduct of Hearings: § 1.15.10 of this Subchapter.

11.Decisions: § 1.15.11 of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-12-19 to 01/04/2022
• Amendment — effective from 2019-01-02 to 12/19/2019
• Adoption — effective from 2015-09-02 to 01/02/2019
• EMERGENCY RULE Adoption — effective from 2015-02-23 to 09/02/2015

440-RICR-10-00-3 § 3.16 Expungements

The rules pertaining to expungements shall comply with R.I. Gen. Laws Chapter 5-65 and § 1.16 of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-12-19 to 01/04/2022
• Amendment — effective from 2019-01-02 to 12/19/2019
• Adoption — effective from 2015-09-02 to 01/02/2019
• EMERGENCY RULE Adoption — effective from 2015-02-23 to 09/02/2015

440-RICR-10-00-3 § 3.17 Default

The rules pertaining to default shall comply with R.I. Gen. Laws Chapter 5-65 and § 1.17 of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-12-19 to 01/04/2022
• Amendment — effective from 2019-01-02 to 12/19/2019
• Adoption — effective from 2015-09-02 to 01/02/2019
• EMERGENCY RULE Adoption — effective from 2015-02-23 to 09/02/2015

440-RICR-10-00-3 § 3.18 Disqualification/Incapacity of Hearing Officer

The rules pertaining to disqualification / incapacity of Hearing Officer shall comply with § 1.18 of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-12-19 to 01/04/2022
• Amendment — effective from 2019-01-02 to 12/19/2019
• Adoption — effective from 2015-09-02 to 01/02/2019
• EMERGENCY RULE Adoption — effective from 2015-02-23 to 09/02/2015

440-RICR-10-00-3 § 3.19 Miscellaneous Provisions

The rules pertaining to miscellaneous provisions shall comply with § 1.19 of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-12-19 to 01/04/2022
• Amendment — effective from 2019-01-02 to 12/19/2019
• Adoption — effective from 2015-09-02 to 01/02/2019
• EMERGENCY RULE Adoption — effective from 2015-02-23 to 09/02/2015

440-RICR-10-00-3 § 3.20 3.20 Hearings - Public Information

The rules pertaining to the hearings - public information shall comply with § 1.21 of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-12-19 to 01/04/2022
• Amendment — effective from 2019-01-02 to 12/19/2019
• Adoption — effective from 2015-09-02 to 01/02/2019
• EMERGENCY RULE Adoption — effective from 2015-02-23 to 09/02/2015

440-RICR-10-00-3 § 3.21 Publication of Orders and Notices

The publication of all orders issued by the board and notices of hearing shall comply with the requirements of R.I. Gen. Laws § 5-65-25.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-12-19 to 01/04/2022
• Amendment — effective from 2019-01-02 to 12/19/2019
• Adoption — effective from 2015-09-02 to 01/02/2019
• EMERGENCY RULE Adoption — effective from 2015-02-23 to 09/02/2015

440-RICR-10-00-3 § 3.22 Equal Access to Justice for Small Business

The rules pertaining to the equal access to justice for small business shall comply with § 1.22 of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-12-19 to 01/04/2022
• Amendment — effective from 2019-01-02 to 12/19/2019
• Adoption — effective from 2015-09-02 to 01/02/2019
• EMERGENCY RULE Adoption — effective from 2015-02-23 to 09/02/2015

440-RICR-10-00-3 § 3.23 Severability

The rules pertaining to severability shall comply with § 1.23 of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-12-19 to 01/04/2022
• Amendment — effective from 2019-01-02 to 12/19/2019
• Adoption — effective from 2015-09-02 to 01/02/2019
• EMERGENCY RULE Adoption — effective from 2015-02-23 to 09/02/2015

440-RICR-10-00-3 § 3.24 Standards of Professional Practice

A.Underground utility contractors shall perform all work in accordance with R.I. Gen. Laws Chapters 5-65, 5-65.3, these Rules and Regulations, any plans and specifications governing the project(s), and city/town/municipal regulations.

B.The Board’s investigators, staff, and/or the appropriate municipal authority, involved in the day-to-day inspection of sewer or drain installations and underground utility contracting work shall conduct enforcement of R.I. Gen. Laws Chapter 5-65.3 and may investigate and, where appropriate, make complaints against underground utility contractors (or those required to be licensed) where sufficient evidence has been obtained to sustain a reasonable belief that a violation of R.I. Gen. Laws Chapter 5-65.3 or these Rules and Regulations has occurred.

3.24.1Applicable Building Code

For the purposes of this Part, the building code governing the life safety, structural, mechanical, plumbing, electrical, fuel, gas, and energy requirements for underground utility activities shall be the building code that was adopted and in effect at the time the work was completed.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2019-12-19 to 01/04/2022
• Amendment — effective from 2019-01-02 to 12/19/2019
• Adoption — effective from 2015-09-02 to 01/02/2019
• EMERGENCY RULE Adoption — effective from 2015-02-23 to 09/02/2015

440-RICR-10-00-4 Rules and Regulations for Commercial Roofing Installation Contractors

440-RICR-10-00-4 § 4.1 Authority

These rules and regulations are promulgated by the Contractors’ Registration and Licensing Board ("Board") in accordance with R.I. Gen. Laws §§ 5-65-17 and 5-73-3.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-4 § 4.2 Purpose

The purpose of this Part is to administer and enforce the provisions of the Commercial Roofing Contractors Law, R. I. Gen Laws Chapter 5-73, and to promote public safety, health, and welfare by providing a mechanism to ensure that all commercial roofing commercial roofing contractors conducting business in the State of Rhode Island have the requisite skills, training, and experience necessary to safety and adequately conduct roofing activities within this state. Any person who fails to license as a commercial roofing contractor, as stipulated, is subject to penalties for operating without a license.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-4 § 4.3 Incorporated Materials

These regulations hereby adopt and incorporate the National Roofing Contractors Association’s “Roofing Manuals”, which were in effect at the time the commercial roofing project was permitted, by reference, and only to the extent that the provisions therein are not inconsistent with these regulations.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-4 § 4.4. Definitions

A.In addition to the terms defined in R.I. Gen. Laws §§ 5-65-1, 5-73-1, and § 1.4 of Part 1 of this Subchapter, for the purpose of this Part, the following terms shall have the following meanings:

1."Appurtenance" means any accessory improvement to real estate associated with a primary structure.

2."Component" means a part of a system.

3."Dismantle" means to take apart or remove any component, device or piece of equipment that would not be taken apart or removed by an owner in the course of normal and routine maintenance.

4."Field Personnel" means employee(s) of the roofing commercial roofing contractor who perform(s) repair, installation, alteration, or removal of commercial industrial roofing on the structure.

5."Further evaluation" means examination and analysis by a qualified professional, tradesman or service technician beyond that provided by the licensee.

6."License" for the purposes of this part, license means a commercial roofing contractor’s license issued by the Board to a person engaged in the business of commercial roofing.

7."Licensee" means a commercial roofing contractor duly licensed by the Board.

8."Residential structure" means a building consisting of four (4) dwelling units or less.

9."Responsible person" means the individual, corporate member, or partner of a business entity who is responsible for the actions of the entity, the individuals employed by the entity, and for any violations of law, rule, or regulation that occur under the registration/license.

10."Roof" means the exterior upper covering and its supporting structures on the top of a building.

11."Roof Drainage System" means components used to carry water off of a roof and away from a building or structure.

12."Significantly Deficient" means unsafe or not functioning.

13."Speculative" means in anticipation of or with the intent of selling to another person or entity during or after construction.

14."Structural Component" means a component that supports non-variable forces or weights (dead loads) and variable forces or weights (live loads).

15."Unsafe" means a condition on any project, which presents a significant risk of personal injury during normal, day-to-day use. The risk may be due to damage, deterioration, improper installation or a change in accepted construction standards.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-4 § 4.5 General Administration

A.Administrative procedures for the licensing of commercial roofing contractors shall comply with R.I. Gen. Laws Chapters 5-65, 5-73 and the following sections of Part 1 of this Subchapter:

1.Delivery of Notices: § 1.5(A) of this Subchapter.

2.Change of Address § 1.5(B) of this Subchapter

3.Public Records and Information Requests: § 1.5(C) of this Subchapter.

4.Certification of Registration/License § 1.5(D) of this Subchapter.

5.Filing Fees and Record Changes § 1.5(E) of this Subchapter.

B.Requirement for Written Contract

1.All commercial roofing work performed, including the cost of labor and materials, in excess of one thousand dollars ($1,000) must be in writing with a copy of the contract provided to the customer, unless otherwise directed by the customer.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-4 § 4.6 Licensing of Commercial Roofing Contractors

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-4 § 4.7 Applications for Licensure

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-4 § 4.8 Educational Requirements

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-4 § 4.9 Complaint Process

A.The procedure for filing a complaint against a commercial roofing contractor shall comply with R.I. Gen. Laws Chapters 5-65, 5-73, and the following sections of Part 1 of this Subchapter:

1.Duty to Participate: § 1.9.1 of this Subchapter.

2.Complaints Generally: § 1.9.2 of this Subchapter.

3.Board Initiated Investigations: § 1.9.3 of this Subchapter.

4.The Board's Right to Refuse and/or Dismiss Complaints: § 1.9.4 of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-4 § 4.10 4.10 Notice of Accepted Complaints and Initial Board Investigation

The rules pertaining to the notice of accepted complaints and initial board investigation shall comply with R.I. Gen. Laws § 5-65 and § 1.10 of this Subchapter:

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-4 § 4.11 Prehearing Conferences and Alternative Dispute Resolution

A.The rules pertaining to Prehearing Conferences and Alternative Dispute Resolution shall comply with R.I. Gen. Laws § 5-65 and the following sections of Part 1 of this Subchapter:

1.Pre-Hearing Conferences: § 1.11.1 of this Subchapter.

2.Alternative Dispute Resolution: § 1.11.2 of this Subchapter.

3.Pre-Hearing/Alternative Dispute Resolution Procedures: § 1.11.3 of this Subchapter.

4.Administrative Hearings Based on Contested Cases: § 1.11.4 of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-4 § 4.12 Violations

A.The rules pertaining to Violations and Penalties shall comply with R.I. Gen. Laws § 5-65 and the following sections of Part 1 of this Subchapter:

1.Authority: § 1.12.1 of this Subchapter.

2.Procedure for Investigating and Processing Violations: § 1.12.2 of this Subchapter.

3.Notices of Violation/Proposed Order: § 1.12.3 of this Subchapter.

4.Fines / Penalties: § 1.12.4 of this Subchapter.

5.Court Judgments / Arbitration Awards - Effect on Registration/License: § 1.12.5 of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-4 § 4.13 Appeals

A.The rules pertaining to appeals shall comply with R.I. Gen. Laws § 5-65 and the following sections of Part 1 of this Subchapter:

1.Appeal of Notice of Violation to Hearing Officer: § 1.13.1 of this Subchapter.

2.Appeal of Final Order by the Hearing Officer to the Full Board: § 1.13.2 of this Subchapter.

3.Appeal of Final Order by the Full Board to the Superior Court: § 1.13.3 of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-4 § 4.14 Criminal Prosecution

The rules pertaining to criminal prosecution shall comply with R.I. Gen. Laws § 5-65 and § 1.14 of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-4 § 4.15 4.15 Administrative Hearings

A.The rules pertaining to administrative hearings shall comply with R.I. Gen. Laws Chapters 42-35 and 5-65 and the following sections of Part 1 of this Subchapter:

1.Notice of Hearing: § 1.15.1 of this Subchapter.

2.Representation: § 1.15.2 of this Subchapter

3.Filing of Pleadings and Other Documents: § 1.15.3 of this Subchapter.

4.Service: § 1.15.4 of this Subchapter.

5.Time: § 1.15.5 of this Subchapter.

6.Motions: § 1.15.6 of this Subchapter.

7.Discovery: § 1.15.7 of this Subchapter.

8.Subpoenas: § 1.15.8 of this Subchapter.

9.Evidence: § 1.15.9 of this Subchapter.

10.Conduct of Hearings: § 1.15.10 of this Subchapter.

11.Decisions: § 1.15.11 of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-4 § 4.16 Expungements

The rules pertaining to expungements shall comply with R.I. Gen. Laws Chapter 5-65 and § 1.16 of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-4 § 4.17 Default

The rules pertaining to default shall comply with R.I. Gen. Laws Chapter 5-65 and § 1.17 of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-4 § 4.18 Disqualification / Incapacity of Hearing Officer

The rules pertaining to disqualification / incapacity of Hearing Officer shall comply with § 1.18 of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-4 § 4.19 Miscellaneous Provisions

The rules pertaining to miscellaneous provisions shall comply with § 1.19 of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-4 § 4.20 4.20 Hearings - Public Information

The rules pertaining to the hearings - public information shall comply with § 1.20 of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-4 § 4.21 Publication of Orders and Notices

The publication of all orders issued by the board and notices of hearing shall comply with the requirements of R.I. Gen. Laws § 5-65-25.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-4 § 4.22 Equal Access to Justice for Small Business

The rules pertaining to the equal access to justice for small business shall comply with § 1.22 of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-4 § 4.23 Severability

The rules pertaining to severability shall comply with § 1.23 of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-4 § 4.24 Standards of Professional Practice

A.Commercial roofing contractors shall perform all work in accordance with R.I. Gen. Laws Chapters 5-65, 5-73, these Rules and Regulations, any plans and specifications governing the project(s), and city/town/municipal regulations.

B.The Board’s investigators and/or staff may inspect commercial roofing contractors’ work to ensure it complies with all applicable laws, regulations, city/town/municipal regulations, plans, and specifications governing the project, industry standards, manufacturers' specifications. Commercial roofing contractor responsibility may not extend to items which have been subject to owner neglect, modifications, or abnormal use.

C.The Board’s investigators and/or staff may rely on the National Roofing Contractors Association standards and definitions for roofing work, as well as any generally accepted practices, and/or industry standards to determine if a deficiency exists and what remedies should be implemented to correct any identified defects or problems.

4.24.1Applicable Building Code

For the purposes of this part, the building code governing the life safety, structural, mechanical, plumbing, electrical, fuel, gas, and energy requirements for commercial roofing shall be the building code that was adopted and in effect at the time the work was permitted.

4.24.2Manufacturers’ Specifications, Warranty, and Contractor’s Responsibility to Repair or Replace

A.All roofing materials and components utilized in the roofing of commercial or industrial structures shall be installed in accordance with the adopted building codes and/or the manufacturers’ installation instructions.

B.The Board reserves the right to determine whether the product was properly installed, and to what extent repairs or replacement shall be made.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-5 Rules and Regulations for Home Inspectors and Associate Home Inspectors

440-RICR-10-00-5 § 5.1 Authority

A.These Rules and Regulations are promulgated pursuant by the Contractors’ Registration and Licensing Board ("Board") in accordance with to R.I. Gen. Laws §§ 5-65-17 and 5-65.1-3.

History

• Amendment — effective from 2026-02-22 to current
• Periodic Refile — effective from 2022-01-04 to 02/22/2026
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-5 § 5.2 Purpose

A.The purpose of this Part is to administer and enforce the provisions of the Rhode Island Home Inspector Licensing Law, R. I. Gen Laws Chapter 5-65.1, and to promote public safety, health, and welfare by providing a mechanism to ensure that all home inspectors and associate home inspectors conducting business in the State of Rhode Island have the requisite skills, training, and experience necessary to safely and adequately conduct home inspections within this state. Any person who fails to be licensed as a home inspector or associate home inspector, as stipulated, is subject to penalties for operating without a license.

History

• Amendment — effective from 2026-02-22 to current
• Periodic Refile — effective from 2022-01-04 to 02/22/2026
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-5 § 5.3 Incorporated Materials

A.Reserved

History

• Amendment — effective from 2026-02-22 to current
• Periodic Refile — effective from 2022-01-04 to 02/22/2026
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-5 § 5.4 Definitions

A.In addition to the terms defined in R.I. Gen. Laws §§ 5-65-1, 5-65.1-2, and § 1.5 of this Subchapter, the following terms shall have the following meanings.

1.“Appurtenance” means any accessory improvement to real estate associated and attached to the primary structure.

2.“Attic space” means the unfinished space between the ceiling joists or truss chords of the top floor, and the underside of the roof framing.

3.“Automatic safety controls" means the devices designed and installed to protect systems and components from excessively high or low pressures and temperatures, excessive electrical current, loss of water, flooding, loss of ignition, fuel leaks, fire, freezing, or other unsafe conditions.

4.“Basement/cellar” means the portion of a dwelling that is partly or completely below grade.

5.“Branch circuit” means a portion of a wiring system that extends beyond the final automatic overcurrent protective device and terminates at the utilization device or outlet.

6.“Buyer’s broker” means a real estate broker or salesperson who has a written contractual agreement or a written agency disclosure between the buyer and the real estate broker specifying that the real estate broker is acting exclusively for the buyer as a buyer’s broker.

7.“Central air conditioning” means a system that uses ducts to distribute cooled and/or dehumidified air to more than one room or uses pipes to distribute chilled water to heat exchangers in more than one room, and which is not plugged into an electrical outlet.

8.“Client” means a person who engages, or seeks to engage, the services of a licensed home inspector for the purpose of obtaining an inspection and written report of the condition of a residential building.

9.“Common elements” means all portions of a condominium other than the units.

10.“Component” means a readily accessible and observable element that comprises a part of a system, and which is necessary for the safe, and/or, proper function of the system.

11.“Conditioned surface” means the surface of a floor and/or ceiling that is being mechanically cooled and/or heated.

12.“Contract/Agreement (Pre-Inspection)” means a written agreement between the client and home inspector, signed prior to the inspection which contains the responsibilities and duties of each party and fee to be paid.

13.“Cross connection” means any physical connection or arrangement between potable water and any source of contamination.

14.“Dangerous or adverse situation(s)” means a situation that poses a threat of injury to the inspector's health and welfare as determined by the inspector.

15.“Decorative ornamental” means something that is not required for the operation of the essential systems and components of a home.

16.“Describe” means to give an account in words of the relevant characteristics, qualities, or events observed by the home inspector.

17.“Detached structure” means a freestanding structure not attached to the primary dwelling.

18.“Direct supervision” means the on-site and in-view observation and guidance of a supervisee (i.e., associate home inspector) who is performing an assigned activity during a home inspection.

19.“Dismantle” means to take apart or remove any component, device, or piece of equipment that is bolted, screwed, or fastened that a homeowner in the course of normal household maintenance would not take apart other than the electrical panel cover(s).

20.“Ductless/Split system” means a ductless system that provides heating, cooling and/or dehumidified air to an area that is not plugged into an electrical outlet.

21.“Dwelling” means a house, townhouse, condominium, cottage, or residential building.

22.“Electrical services” means all electrical services or repairs must be performed by an individual who holds the required license.

23.“Environmental services” means services that require physical samples to be taken and analyzed by a laboratory to determine the type and presence of contaminates and/or organic compounds.

24.“Essential elements/items” means areas such as heating, plumbing, roofs, entrance, mechanical, electrical, and water that are mutually shared and directly attributed to the unit being inspected.

25.“Exclusions” means those items that are not part of and/or that are not included in the standards of practice and are to be provided by other specialists of the client’s choice. However, they may be included in the inspection as part of the optional fee-based services.

26.“Feeder” means all service conductors between the service equipment, the source of a separately derived system, or other power supply source and the final branch circuit over current device.

27.“Fully depreciated” means an item/system/component inspected that is no longer under the manufacturer’s warranty and it is reaching the end of its serviceable life, that has no dollar value or salvageable value and replacement should be anticipated.

28.“Functional drainage” means a drain is functional when it empties in a reasonable amount of time and does not overflow when another fixture is drained simultaneously.

29.“Functional flow” means a reasonable flow at the highest fixture in a dwelling when another fixture is operated simultaneously.

30.“Further evaluation” means an examination and analysis by a qualified professional, tradesperson, or service technician is needed because the examination is beyond the scope of the services of a home inspector as defined in this Part.

31.“Heating services/repair” means all heating service or repair must be performed by an individual who holds the required license.

32.“Home inspection company” means any licensed company or business entity that employs or contracts a licensed inspector, or that subcontracts the inspection or any portion of the inspection.

33.“Household appliances” means kitchen and laundry appliances, room air conditioners, and similar appliances.

34.“Indirect supervision” means the oversight of activities other than direct observation performed by the supervisor in order to provide guidance. These activities may include: meeting with the supervisee; reviewing reports prepared by the supervisee; review and evaluation of the supervisee’s activities in connection with home inspections; and supervisory conferences that may be conducted by telephone.

35.“In need of repair” means does not adequately function or perform as intended and/or presents a safety hazard and therefore requires repair.

36.“Installed” means attached or connected such that the installed item requires tools for removal.

37.“Inspect” means to examine readily accessible systems and components of a building in accordance with these Standards of Practice, using normal operating controls and opening readily operable access panels.

38."Interior wiring” means wiring including the exposed and readily observable feeder and branch circuit wiring in the dwelling.

39.“Limited common element” means a portion of the common elements, allocated by declaration or by operation of R.I. Gen Laws. §§ 34-36.1-2.02(2) or (4) for the exclusive use of one or more but fewer than all of the units.

40.“Mock inspection” means a simulated home inspection carried out for the purposes of training only and no client is involved.

41.“National home inspectors’ examination” means the written and/or electronic competency examination approved by the Board and administered by the Board or a Board-approved third party.

42.“Normal operating controls” means a device such as a thermostat, switch, or valve that may be operated by an individual and does not require specialized skill or knowledge.

43.“Observe” means the act of making a visual examination; to see, perceive, or notice.

44.“Observable” means the ability to inspect without the removal of fixed or finished coverings, obstructions, and/or stored materials.

45.“On-site water supply quality” means the condition of the potable water based on an evaluation of its bacterial, chemical, mineral and solids content.

46.“On-site water supply quantity” means the volume of water available as measured over a period of time.

47.“Operate” means to cause systems or equipment to function using normal operating controls.

48.“Optional services” means services that are beyond the scope of the home inspection as defined by the standards and which are agreed upon with the client, with or without compensation (optional services for compensation are referred to as “Optional Fee Based Services”).

49.“Plumbing services” means all plumbing service or repair must be performed by an individual who holds the required license.

50.“Primary windows and doors” means windows and exterior doors that are designed to remain in their respective openings year-round.

51.“Readily accessible” means capable of being reached quickly for visual inspection without requiring the inspector to climb over, remove, destroy, or dismantle any personal property, and/or any action that will likely involve risk to persons or property.

52.“Readily operable access panel" means a panel provided for homeowner inspection and maintenance, which has removable or operable fasteners or latch devices in order to be lifted, swung open, or otherwise removed by one person, and its edge and fasteners are not painted in place. The panel must be within normal reach and not blocked by stored items, furniture, or building components.

53.“Readily observable” means able to be seen/observed at the time of the inspection without the removal of installed or finished coverings and/or stored materials.

54.“Readily observable signs” means conditions of deterioration on the structure, including, but not limited to: water stains, wood destroying fungi, insect infestation and suggesting the potential for concealed damage.

55.“Recreational facilities” means whirlpools, saunas, steam baths, swimming pools, tennis courts, playground equipment, and other entertainment or athletic facilities.

56.“Report” means an electronic or written document by the inspector, setting forth his/her findings from the home inspection and including a detailed description of the condition of the systems and components observed in accordance with standards of practice and scope of inspection. The inspector must state in the report whether any system or component observed is in need of repair or requires further evaluation or investigation. Additionally, all reports must include: the licensee’s license number; a notice that any claims regarding the home inspection or the inspector who performed the inspection may be directed to the Board; the current address and telephone number of the Board; and, where applicable, a disclosure that an inspection was performed by an associate home inspector.

57.“Representative number” means for multiple identical interior components (such as windows and electrical outlets) the inspector must inspect at least two (2) such components per room, and for multiple identical exterior components (such as outdoor electrical outlets) the inspector must inspect at least one (1) such component on each side of the dwelling, provided that the components to be inspected are readily accessible.

58.“Roof drainage system” means gutters, downspouts, leaders, splash blocks, and similar components used to carry water off a roof and away from a dwelling or residential building.

59.“Safe access” means access free from any encumbrances, hazardous materials, or health and safety hazards, which the inspector may determine will not jeopardize his/her health and safety.

60.“Safety glazing” means tempered glass, laminated glass, or rigid plastic.

61.“Safety hazard” means a condition in a readily accessible installed system or component that the inspector deems to be unsafe or of significant risk of personal injury during normal day-to-day use. The risk may be due to damage, deterioration, improper installation, or a change in the accepted residential construction standards.

62.“Seller/Seller’s representative” means the owner of the property or one legally authorized to act on behalf of the owner, such as an administrator, executor, guardian, or trustee, whether or not a natural person or agent representing the seller.

63.“Shut down” means the device or control cannot be operated in a manner that a homeowner would normally use to operate it; turned off, unplugged, inactive, not in service or not operational. If the safety switch or circuit breaker is in the “off” position or the fuse is missing or blown, the inspector is not required to reestablish the circuit for the purpose of operating the equipment or system.

64.“Solid fuel heating device” means any wood, coal, or other similar organic fuel burning device, including, but not limited to: fireplaces (whether masonry or factory built); fireplace inserts; stoves; central furnaces; or any combination thereof.

65.“Structural component” means a component that supports non-variable forces or weights (dead loads) and variable forces or weights (live loads).

66“Substantially equivalent” means, as used in this Part with respect to out of state licenses, the licensee must have taken and passed the National Home Inspector Examination; must have a high school degree, GED, or higher education; or if he/she took an examination other than the National Home Inspector Examination and he/she believes that it tests similar material, skills, and knowledge as the National Home Inspector Examination, he/she must petition the Board for review.

67.“Sufficient lighting” means fully lighted with a minimum of 50 lumens in all areas to be inspected.

78.“Supervisor” means the licensed home inspector designated to oversee and supervise the training of an associate home inspector, supervisee, and/or trainee.

89.“System” means a combination of interacting or interdependent components, assembled to carry out one or more functions.

70.“Technically exhaustive” means extensive use of measurements, instruments, testing, calculations, and other means to develop scientific or engineering findings, conclusions, or recommendations.

71.“Trainee” means a person participating in the associate home inspector training program who has not yet met the requirements for an associate home inspector’s license.

72."Underfloor crawlspace” means the area within the confines of the foundation and between the ground and the underside of the lowest floor structural component, not including the basement.

73.“Unit” means the physical portion of a condominium, designated for separate ownership of occupancy, the boundaries of which are described in R.I. Gen Laws § 34-36.1-2.05(a)(5).

74.“Window style air conditioner” means any portable type of air conditioning unit, regardless of installation.

75.“Wiring” means the identification of electrical conductors or wires by their general type, such as “non-metallic sheathed cable,” “Romex,” “armored cable,” “BX,” or “knob and tube,” etc.

History

• Amendment — effective from 2026-02-22 to current
• Periodic Refile — effective from 2022-01-04 to 02/22/2026
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-5 § 5.5 General Administration and Procedures

A.Administrative procedures for the licensing of home inspectors and associate home inspectors shall comply with the applicable provisions of R.I. Gen. Laws Chapters 5-65, 5-65.1, and the following sections of Part 1 of this Subchapter:

1.Delivery of Notices: § 1.5(A) of this Subchapter.

2.Change of Address § 1.5(B) of this Subchapter

3.Public Records and Information Requests: § 1.5(C) of this Subchapter.

4.Certification of Registration/License § 1.5(D) of this Subchapter.

5.Filing Fees and Record Changes § 1.5(E) of this Subchapter.

History

• Amendment — effective from 2026-02-22 to current
• Periodic Refile — effective from 2022-01-04 to 02/22/2026
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-5 § 5.6 General Licensing Requirements

A.The licensing of home inspectors and associate home inspectors shall comply with the applicable provisions of R.I. Gen. Laws Chapters 5-65, 5-65.1, and the following sections of Part 1 of this Subchapter:

1.License Required: § 1.6.1 of this Subchapter.

2.Transference of License Prohibited: § 1.6.2 of this Subchapter.

3.Display of License Number: § 1.6.3 of this Subchapter.

4.Business Entity Licenses: § 1.6.4 of this Subchapter.

5.Nonresident Persons/Registered Agent: § 1.6.5 of this Subchapter.

6.Change of License: § 1.6.6 of this Subchapter.

7.Effect on License Due to Loss of Responsible Person: § 1.6.7 of this Subchapter.

B.As a condition of licensure, all home inspectors and associate home inspectors who are licensed with the Board, shall participate and make good faith efforts to resolve all complaints, violations, and/or contested cases within the jurisdiction of the Board. Failure to do so shall result in the Board taking action against the home inspector or associate home inspector, to the extent allowable by law, including suspending of a home inspector or associate home inspector’s license, without which a home inspector or associate home inspector cannot perform work in the State of Rhode Island.

C.Grace Period: Compliance with the requirements of this Part shall begin as of the date this Part goes into effect. Enforcement of the licensing requirements shall begin on April 1, 2020

History

• Amendment — effective from 2026-02-22 to current
• Periodic Refile — effective from 2022-01-04 to 02/22/2026
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-5 § 5.7 Applications for Licensure

A.Applications for the licensing of home inspectors and associate home inspectors shall comply with the applicable provisions of R.I. Gen. Laws Chapters 5-65, 5-65.1, and the following sections of Part 1 of this Subchapter:

1.General Application: § 1.7.1 of this Subchapter.

2.Examination: § 1.7.2 of this Subchapter.

3.Effective Date/Term: § 1.7.3 of this Subchapter.

4.Renewal and Reissuance of License: § 1.7.4 of this Subchapter.

5.Lapsed License: § 1.7.5 of this Subchapter.

6.Military Service License: § 1.7.6 of this Subchapter.

B.Associate Home Inspector Conversion to Home Inspector:

1.An associate home inspector licensed by the Board may apply for licensure as a home inspector subject to the following:

a.During the period of licensure for associate home inspector:

(1)Meet the requirements for licensure for home inspector.

(2)No fee shall be charged.

(3)The effective date of the home inspector license shall be the date of issuance and shall expire on the same date as the previously issued associate home inspector license.

2.Upon expiration of a license for associate home inspector:

a.Meet the requirements for licensure for home inspector.

C.Grandfather Clause:

1.After the effective date of this Part the Board shall issue a license to any person upon application, provided that the applicant:

a.Is of good moral character; has successfully completed high school or its equivalent; has passed an examination approved or administered by the board. The examination may have been passed before the effective date of this Part, and either;

b.Has been engaged in the practice of home inspections for compensation for not less than one year prior to the effective date of this Chapter and has performed not less than one hundred (100) home inspections for compensation prior to the effective date of this Chapter; or

c.Is a registered/licensed contractor in good standing in any state for an aggregate of not less than five (5) years; or

d.Is of good moral character; has successfully completed high school or its equivalent, and

e.Has been engaged in the practice of home inspections for compensation for not less than two (2) years and performed not less than one hundred fifty (150) home inspections for compensation prior to the effective date of this Part.

D.Reciprocity:

1.Pursuant to R.I. Gen. Laws. § 5-65.1-8, the Board shall issue a home inspector license to any person who upon payment of the requisite fee and submission of a completed application:

a.Holds a valid license issued by another state or possession of the United States or the District of Columbia, which has standards substantially equivalent to those of this state as determined by the board; or

b.Is licensed in this state as a state certified real estate appraiser or to practice architecture or professional engineering, provided the person meets the requirements set forth in R.I. Gen. Laws §§ 5-65.1-4(a)(1), (a)(2), and (a)(4)

History

• Amendment — effective from 2026-02-22 to current
• Periodic Refile — effective from 2022-01-04 to 02/22/2026
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-5 § 5.8 Educational Requirements - Pre-Registration and Continuing Education

A.Educational requirements for the licensing of home inspectors and associate home inspectors shall comply with the applicable provisions of R.I. Gen. Laws §§ 5-65, 5-65.1, and the following sections of Part 1 of this Subchapter:

1.Scope: § 1.8.1 of this Subchapter.

2.Specifications: § 1.8.2 of this Subchapter.

3.Qualifying Education: § 1.8.3 of this Subchapter.

4.Course Materials and Fees: § 1.8.4 of this Subchapter.

5.Proof of Educational Course Completion Compliance: § 1.8.5 of this Subchapter.

6.Educational Requirements: § 1.8.6 of this Subchapter.

7.Exception to Educational Requirements: § 1.8.7 of this Subchapter.

8.Violations for Failing to Complete Educational Requirements: § 1.8.8 of this Subchapter.

9.Educational Course Providers § 1.8.9 of this Subchapter.

10.Educational Courses § 1.8.10 of this Subchapter.

11.Violations for Operating as a Non-Approved Provider: § 1.8.11 of this Subchapter.

12.Penalties for Provider Noncompliance: § 1.8.12 of this Subchapter.

B.Educational Requirements

1.As a condition for renewal of licensure, a home inspector or associate home inspector shall complete twelve (12) credit hours of continuing education courses during each two (2) year licensing period.

2.The twelve (12) credit hours shall be related to the practice of home inspection or topics related to the licensee's business, including but not limited to, report writing, building codes, business procedures, inspection of particular systems and components (i.e. plumbing, mechanical, roofing, exteriors, electrical, etc.).

3.At least one (1) credit hour per renewal cycle shall be dedicated to professional ethics and one (1) credit hour on standards of practice.

History

• Amendment — effective from 2026-02-22 to current
• Periodic Refile — effective from 2022-01-04 to 02/22/2026
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-5 § 5.9 Complaint

A.The procedure for filing a complaint against a home inspector or associate home inspector shall comply with R.I. Gen. Laws Chapters 5-65, 5-65.1, and the following sections of Part 1 of this Subchapter:

1.Duty to Participate: § 1.9.1 of this Subchapter.

2.Complaints Generally: § 1.9.2 of this Subchapter.

3.Board Initiated Investigations: § 1.9.3 of this Subchapter.

4.The Board's Right to Refuse and/or Dismiss Complaints: § 1.9.4 of this Subchapter.

History

• Amendment — effective from 2026-02-22 to current
• Periodic Refile — effective from 2022-01-04 to 02/22/2026
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-5 § 5.10 5.10 Notice of Accepted Complaints and Initial Board Investigation

A.The rules pertaining to the notice of accepted complaints and initial board investigation shall comply with R.I. Gen. Laws Chapter 5-65 and § 1.10 of this Subchapter:

History

• Amendment — effective from 2026-02-22 to current
• Periodic Refile — effective from 2022-01-04 to 02/22/2026
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-5 § 5.11 Prehearing Conferences and Alternative Dispute Resolution

A.The rules pertaining to Prehearing Conferences and Alternative Dispute Resolution shall comply with R.I. Gen. Laws Chapter 5-65 and the following sections of Part 1 of this Subchapter:

1.Pre-Hearing Conferences: § 1.11.1 of this Subchapter.

2.Alternative Dispute Resolution: § 1.11.2 of this Subchapter.

3.Pre-Hearing/Alternative Dispute Resolution Procedures: § 1.11.3 of this Subchapter.

4.Administrative Hearings Based on Contested Cases: § 1.11.4 of this Subchapter.

History

• Amendment — effective from 2026-02-22 to current
• Periodic Refile — effective from 2022-01-04 to 02/22/2026
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-5 § 5.12 Violations

A.The rules pertaining to Violations and Penalties shall comply with R.I. Gen. Laws Chapter 5-65 and the following sections of Part 1 of this Subchapter:

1.Authority: § 1.12.1 of this Subchapter.

2.Procedure for Investigating and Processing Violations: § 1.12.2 of this Subchapter.

3.Notices of Violation / Proposed Order: § 1.12.3 of this Subchapter.

4.Fines / Penalties: § 1.12.4 of this Subchapter.

5.Court Judgments / Arbitration Awards - Effect on Registration/License: § 1.12.5 of this Subchapter.

History

• Amendment — effective from 2026-02-22 to current
• Periodic Refile — effective from 2022-01-04 to 02/22/2026
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-5 § 5.13 Appeals

A.The rules pertaining to appeals shall comply with R.I. Gen. Laws § 5-65 and the following sections of Part 1 of this Subchapter:

1.Appeal of Notice of Violation to Hearing Officer: § 1.13.1 of this Subchapter.

2.Appeal of Final Order by the Hearing Officer to the Full Board: § 1.13.2 of this Subchapter.

3.Appeal of Final Order by the Full Board to the Superior Court: § 1.13.3 of this Subchapter.

History

• Amendment — effective from 2026-02-22 to current
• Periodic Refile — effective from 2022-01-04 to 02/22/2026
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-5 § 5.14 Criminal Prosecution

A.The rules pertaining to criminal prosecution shall comply with R.I. Gen. Laws Chapter 5-65 and § 1.14 of this Subchapter.

History

• Amendment — effective from 2026-02-22 to current
• Periodic Refile — effective from 2022-01-04 to 02/22/2026
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-5 § 5.15 5.15 Administrative Hearings

A.The rules pertaining to Administrative Hearings shall comply with R.I. Gen. Laws Chapters 42-35 and 5-65 and the following sections of Part 1 of this Subchapter:

1.Notice of Hearing: § 1.15.1 of this Subchapter.

2.Representation: § 1.15.2 of this Subchapter.

3.Filing of Pleadings and Other Documents: § 1.15.3 of this Subchapter.

4.Service: § 1.15.4 of this Subchapter.

5.Time: § 1.15.5 of this Subchapter.

6.Motions: § 1.15.6 of this Subchapter.

7.Discovery: § 1.15.7 of this Subchapter.

8.Subpoenas: § 1.15.8 of this Subchapter.

9.Evidence: § 1.15.9 of this Subchapter.

10.Conduct of Hearings: § 1.15.10 of this Subchapter.

11.Decisions: § 1.15.11 of this Subchapter.

History

• Amendment — effective from 2026-02-22 to current
• Periodic Refile — effective from 2022-01-04 to 02/22/2026
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-5 § 5.16 Expungements

A.The rules pertaining to expungements shall comply with R.I. Gen. Laws Chapter 5-65 and § 1.16 of this Subchapter.

History

• Amendment — effective from 2026-02-22 to current
• Periodic Refile — effective from 2022-01-04 to 02/22/2026
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-5 § 5.17 Default

A.The rules pertaining to default shall comply with R.I. Gen. Laws Chapter 5-65 and § 1.17 of this Subchapter.

History

• Amendment — effective from 2026-02-22 to current
• Periodic Refile — effective from 2022-01-04 to 02/22/2026
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-5 § 5.18 Disqualification/Incapacity of Hearing Officer

A.The rules pertaining to disqualification / incapacity of Hearing Officer shall comply with § 1.18 of this Subchapter.

History

• Amendment — effective from 2026-02-22 to current
• Periodic Refile — effective from 2022-01-04 to 02/22/2026
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-5 § 5.19 Miscellaneous Provisions

A.The rules pertaining to miscellaneous provisions shall comply with § 1.19 of this Subchapter.

History

• Amendment — effective from 2026-02-22 to current
• Periodic Refile — effective from 2022-01-04 to 02/22/2026
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-5 § 5.20 5.20 Hearings - Public Information

A.The rules pertaining to the hearings - public information shall comply with § 1.20 of this Subchapter.

History

• Amendment — effective from 2026-02-22 to current
• Periodic Refile — effective from 2022-01-04 to 02/22/2026
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-5 § 5.21 Publication of Orders and Notices

A.The publication of all orders issued by the board and notices of hearing shall comply with the requirements of R.I. Gen. Laws § 5-65-25.

History

• Amendment — effective from 2026-02-22 to current
• Periodic Refile — effective from 2022-01-04 to 02/22/2026
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-5 § 5.22 Equal Access to Justice for Small Business

A.The rules pertaining to the equal access to justice for small business shall comply with § 1.22 of this Subchapter.

History

• Amendment — effective from 2026-02-22 to current
• Periodic Refile — effective from 2022-01-04 to 02/22/2026
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-5 § 5.23 Severability

A.The rules pertaining to severability shall comply with § 1.23 of this Subchapter.

History

• Amendment — effective from 2026-02-22 to current
• Periodic Refile — effective from 2022-01-04 to 02/22/2026
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-5 § 5.24 Standards of Practice

A.These standards of practice are intended to provide home inspectors and associate home inspectors with the purpose, scope, and requirements of a home inspection and to provide the basic understanding of what work a home inspector is to perform. These standards of practice are not all inclusive but are a minimum standard upon which a home inspector/associate home inspector must use as a foundation for his/her performance.

B.These standards of practice establish the minimum performance requirements for home inspectors and associate home inspectors to conduct home inspections.

C.For the purposes of § 5.22 of this Part, the term "inspector" refers to the individual conducting the inspection, be it a licensed home inspector, licensed associate home inspector, and/or trainee.

5.24.1 Purpose of Home Inspection

A.The purpose of a home inspection for residential building(s), including their attached appurtenances, is to provide the client with an inspection report that forthrightly discloses the physical conditions of all systems and components which are readily accessible and observable, and inspected pursuant to the contract, including those systems and components which are safety hazards as observed at the time of the inspection.

B.An inspection carried out under the standards of practice for home inspections is not and shall not be construed to be a comprehensive architectural and/or an engineering study of the dwelling in question.

C.Because a home inspection is limited in its scope and depth, the information provided to the client is not intended to provide the client with protection from all risks involved in the home buying process.

5.24.2 Access

A.Safe access and sufficient lighting shall be provided to the inspector as to ensure that all systems and areas to be inspected under this standard are readily accessible and observable.

5.24.3 General Requirements for Home Inspectors

A.Inspectors shall:

1.Observe readily accessible and observable installed systems and components.

2.Submit a confidential written report only to the client, unless instructed by the client:

3.Identify required components.

4.Indicate which systems and components have not been inspected.

5.Indicate the condition of inspected systems and components that were found to be in need of repair.

6.Record the client's name and the address of the property inspected.

7.Record the on-site inspection start and finish times.

8.Record the weather conditions at the time of the inspection.

9.Record the existence of obstructions and/or conditions that prevented the inspection of the installed systems and components.

B.The report shall only inform the client if additional investigation is required when:

1.The scope of the repair(s) is unknown; or

2.There is potential for and it is suspected that there is concealed damage; or,

3.The subject area is beyond the scope of the home inspector's expertise.

C.A written contract and home inspection report is required for all home inspections, with an original copy of the contract and the home inspection report delivered only to the client, unless otherwise directed by the client.

D.The inspector must state in the report whether any system or component observed is in need of repair or requires further evaluation or investigation. Additionally, all reports must include:

1.The licensee’s license number;

2.A notice that any claims regarding the home inspection or the home inspector/associate home inspector who performed the inspection may be directed to the Board;

3.The current address and telephone number of the Board; and,

4.Where applicable, a disclosure that an inspection was performed by an associate home inspector.

E.The oversight of activities other than direct observation performed by the supervisor in order to provide guidance may include, but are not limited to, meeting with the supervisee; reviewing reports prepared by the supervisee; review and evaluation of the supervisee’s activities in connection with home inspections; and supervisory conferences that may be conducted by telephone.

5.24.4 General Limitation of the Home Inspection

A.General Limitations

1.Home inspections done in accordance with the standards set forth in this Part are visual and not technically exhaustive.

2.The home inspections standards set forth in this Part are applicable to residential buildings and condominium dwelling units, under one roof, and their attached garages.

5.24.5 Scope of Home Inspection

A.System: Roofing

1.The inspector shall observe and report on:

a.Roof coverings,

b.Exposed roof drainage systems,

c.Flashings,

d.Skylights, chimneys, and roof penetrations, and

e.Roof penetrations.

2.The inspector shall identify:

a.The type of roof covering materials,

b.The roof drainage system, and

c.The chimney materials.

3.The inspector shall note:

a.the methods used to observe the roofing, and

b.any signs of previous and/or active leaks.

4.Exclusions: In addition to the exclusions and prohibitions found in §§ 5.24.5 and 5.24.6 of this Part, the inspector shall not be required to:

a.Walk on the roof unless in the opinion of the Home Inspector walking on the roof will pose no risk of personal injury or damage to the roofing components.

b.Observe and report on:

(1)Attached accessories including, but not limited to: solar systems, antennae, satellite dishes and lightning arrestors; and

(2)The interior of chimney flues.

B.System: Exterior

1.The inspector shall observe and report on:

a.Wall cladding,

b.Entryway doors and windows,

c.Garage door,

d.Decks/Balconies/porches/stoops/landings/steps,

e.Railings/guardrails,

f.Flashings,

g.Window wells, and

h.Driveways, walkways, vegetation, grading, site drainage, and retaining walls with respect to their effect on the condition of the dwelling and their ability to provide safe egress.

2.The inspector shall identify:

a.Wall-cladding materials, and

b.The deck/porch component materials.

3.The inspector shall:

a.Probe exposed readily accessible and observable exterior components where deterioration is suspected.

(1)Probing is not required when probing would unduly damage any finished surface.

b.Operate garage doors (if the garage is attached to the main dwelling), manually or by using permanently installed controls of any garage door operator.

c.Test and report on the presence of, or lack of, the visible safety reversing feature of garage doors by interrupting the light beam.

4.Exclusions: In addition to the exclusions and prohibitions found in §§ 5.24.5 and 5.24.6 of this Part, the inspector shall not be required to observe and report on the following:

a.Storm doors and windows, screening, shutters, awnings, and similar seasonal accessories,

b.Fences, landscaping, trees, swimming pools, patios, irrigation systems,

c.Safety glazing,

d.Recreational facilities,

e.Any other dwelling units or addresses in multi-unit buildings,

f.Outbuildings and detached garages,

g.Underground utilities, pipes, buried wires, or conduits, and

h.To install any object under the vehicle door to test for the automatic reversing feature of a vehicle door opener.

C.System: Structure

1.The inspector shall observe and report on:

a.The foundation,

b.The floor structures,

c.The wall structures,

d.The ceiling structure, and

e.The roof structures.

2.The inspector shall identify:

a.The foundation material,

b.The basement floors,

c.The presence of lighting in the attic, and

d.The presence of collar ties and rafter ties in the attic.

3.The inspector shall:

a.Probe exposed readily accessible and observable structural components where deterioration is suspected; however, probing is not required when probing would unduly damage any finished surface;

b.Note the methods used to observe under floor crawl spaces;

c.Note the methods used to observe attics; and

d.Note signs of previous and/or active water penetration into the basement, under floor crawl space and attic including the presence of sump pumps and dehumidifiers.

4.Exclusions: In addition to the exclusions and prohibitions found in §§ 5.24.5 and 5.24.6 of this Part, the inspector shall not be required to:

a.Collect engineering data such as the size, span, spacing, species, section modulus, slenderness ratio, and/or modulus of elasticity of the structural members;

b.Provide access to the items being inspected (responsibility of client/ seller/seller's representative);

c.Enter the under-floor crawl space;

(1)If it is not readily accessible,

(2)If access is obstructed and/or if entry could damage the property,

(3)If a dangerous or adverse situation is suspected and reported by the home inspector, or

(4)Observe and report on wood destroying insects, rodents, and/or vermin unless specifically contracted for in writing.

d.Enter the attic space:

(1)If it is not readily accessible;

(2)If access is obstructed and/or if entry could damage the property;

(3)If a dangerous or adverse situation is suspected and Reported by the inspector; or

(4)Walk on the exposed and/or insulation covered framing members.

D.System: Electrical

1.The inspector shall observe and report on;

a.The exterior service entrance conductors,

b.The service equipment, including the main overcurrent device,

c.The grounding system device,

d.The service and distribution panels by removing the enclosure cover,

e.The branch circuit, overcurrent devices, and conductor capability; and

f.A representative number of interior and exterior receptacles.

2.The inspector shall identify:

a.The service as being overhead or underground,

b.The type of interior wiring,

c.The ampacity of the main service-disconnect,

d.The location of the service and distribution panels, and

e.The presence of aluminum wiring in branch circuits.

3.The inspector shall test:

a.The polarity and grounding of a representative number of receptacles; and

b.The operation of a comprehensible sample of all readily accessible ground fault circuit interrupters.

4.Use of a plug-in receptacle tester or use of the test button thereon or on a ground fault circuit interrupting (GFCI) receptacle is permissible provided there is no exposure of live parts, no removal of the electrical device and no disturbance of the current state of the receptacle.

5.Exclusions: In addition to the exclusions and prohibitions found in §§ 5.24.5 and 5.24.6 of this Part, the inspector shall not be required to:

a.Collect engineering data on the compatibility of the overcurrent devices with the panel and/or determine the short circuit interrupting current capacity;

b.Determine the adequacy of the ground and/or the in-place systems to provide sufficient power to the dwelling or reflect on the sufficiency of the electric distribution system in the dwelling;

c.Except as permitted under § 5.24.5(D)(4), the inspector shall not enter, internally access or insert any tool, probe, or testing device inside the electrical panels, outlets, devices or other fixtures;

d.Test or operate any overcurrent device except ground fault circuit interrupters;

e.Dismantle any electrical device or control other than to remove the covers of the service and distribution panels. However, the inspector is not required to remove the covers of the service and distribution panels if the panel covers are not readily accessible, if there are dangerous or adverse situations present, or when removal would damage or mar any painted surface and/or covering materials; and/or

f.Observe or report on:

(1)The quality of the conductor insulation,

(2)Low voltage systems, doorbells, thermostats, and/or other,

(3)Telephone, security alarms, cable TV, intercoms, or other ancillary wiring that is not a part of the primary electrical distribution system,

(4)Underground utilities, pipes, buried wires, or conduits, and

g.Test or operate arc fault circuit interrupters.

E.System: Plumbing

1.The inspector shall observe and report on:

a.The water supply and distribution system, including;

(1)Piping, including supports and insulation;

(2)Fixtures;

(3)Faucets;

b.The drain waste and vent system, including;

(1)Piping, including supports; and

(2)Traps; drain, waste, and vent piping; piping supports and pipe insulation.

c.Hot water systems, including;

(1)Water heating equipment;

(2)Normal operating controls;

(3)The presence of automatic safety controls;

(4)Flue piping.

2.The inspector shall identify:

a.The type(s) of water distribution piping materials;

b.The type(s) of drain, waste, and vent piping;

c.The type of water heating equipment, and the nameplate capacity of the water heating equipment (gallons and/or gallons per minute); and

d.The location of the main shut off valve.

3.The inspector shall operate all plumbing fixtures where practical, including their faucets if readily accessible.

4.Exclusions: In addition to the exclusions and prohibitions found in §§ 5.24.5 and 5.24.6 of this Part, the inspector shall not be required to:

a.Test the operation of any valve except water closet flush valves and fixture faucets;

b.Collect engineering data on the size of or length of water and/or waste systems and/or remove covering materials;

c.Report on the adequacy and/or the efficiency of the in-place systems to provide sufficient hot water to the dwelling, sufficient water supply, or drainage for the dwelling;

d.State the effectiveness of anti-siphon devices;

e.Determine whether water supply and waste disposal systems are public or private, and/or

f.Observe, operate, or report on:

(1)The exterior hose bibs;

(2)Fire suppression systems;

(3)Irrigation systems;

(4)Water quality;

(5)Wells and their related equipment;

(6)Foundation sub drainage systems;

(7)The interior of flue linings;

(8)Underground utilities, pipes, buried wires, or conduits;

(9)Water conditioning and filtration components and systems, and

(10)Operate any laundry equipment, including washing machines and dryers.

F.System: Heating

1.The inspector shall observe and report on:

a.Heating equipment;

b.Normal operating controls;

c.Automatic safety controls;

d.The exterior of the chimneys, flue piping and vents;

e.Heating distribution systems;

f.Insulation;

g.The presence of an installed heat source in each habitable room including kitchens and bathrooms;

h.The presence of a fireplace(s) and the operation of their damper(s); and

i.Readily observable fuel storage tanks and their related components.

2.The inspector shall:

a.Identify the type of energy source;

b.Identify the heating equipment;

c.Identify the type of distribution system;

(1)Piping, and

(2)Duct work.

d.Open readily accessible and operable access panels provided by the manufacturer or installer for routine homeowner maintenance.

3.The inspector shall note:

a.The absence of an installed heat source in habitable rooms including kitchens and bathrooms;

b.The presence of exposed flues in the smoke chamber being utilized by other appliances;

c.The existence of abandoned oil tanks; and

d.Any observed evidence of underground fuel storage tanks.

4.Exclusions: In addition to the exclusions and prohibitions found in §§ 5.24.5 and 5.24.6 of this Part, the inspector shall not be required to:

a.Test and/or inspect the heat exchanger. This requires dismantling of the furnace cover and possible removal of controls;

b.Collect engineering data on the size of the heating equipment and/or the size or length of the distribution systems;

c.Report on the adequacy or uniformity of the in-place system(s) to heat the dwelling and/or the various rooms within the dwelling;

d.Attempt to override heating or cooling temperature limit sensors;

e.Operate heating systems when weather conditions or other circumstances may cause equipment damage, or when the electrical and/or fuel supply to the unit is in the off position;

f.Ignite or extinguish solid fuel and/or gas fires;

g.Identify the type of insulation coverings;

h.Inspect humidifiers and electronic air filters;

i.Inspect the interior of flues; and

j.Inspect fireplace insert flue connections.

G.System: Central Air Conditioning

1.The inspector shall observe and report on:

a.Cooling and air handling equipment;

b.Normal operating controls;

c.Cooling distribution systems; and

d.The insulation on the exposed supply ductwork.

2.The inspector shall:

a.Identify the type of distribution system;

b.Operate the systems using normal operating controls; and

c.Open readily accessible operable access panels provided by the manufacturer or installer for routine homeowner maintenance and report on conditions observed.

3.Exclusions: In addition to the exclusions and prohibitions found in §§ 5.24.5 and 5.24.6 of this Part, the inspector shall not be required to:

a.Collect engineering data on the size of the cooling equipment, the size or length of the distribution systems;

b.Identify the type of insulation coverings;

c.Report on the air filter condition or effectiveness;

d.Operate the cooling systems when weather conditions or other circumstances may cause equipment damage, or when the electrical supply to the unit is in the off position;

e.Inspect evaporator coils; or

f.Report on the adequacy or uniformity of the in-place system(s) to cool the dwelling and/or the various rooms within the dwelling.

H.System: General Interior Conditions

1.The inspector shall observe and report on:

a.Walls;

b.Ceilings;

c.Floors;

d.Steps, stairways, balconies;

e.Hand and guard railings;

f.Counter tops and a representative number of cabinets;

g.A representative number of doors and windows; and

h.Separation walls, ceilings, and doors between a dwelling unit and an attached garage or another dwelling unit.

2.The inspector shall:

a.Note signs of water penetration; and

b.Operate a representative number of kitchen cabinets and drawers, doors and windows.

3.Exclusions: In addition to the exclusions and prohibitions found in §§ 5.24.5 and 5.24.6 of this Part, the inspector shall not be required to:

a.Observe and report on the following:

(1)Paint, wallpaper, and other finish treatments on the interior walls, ceilings, and floors; and

(2)Draperies, blinds, or other window treatments.

b.Determine the fire safety rating of any walls, ceilings, and doors between a dwelling unit and an attached garage or another dwelling unit.

I.System: Insulation and Ventilation

1.The inspector shall observe and report on:

a.Exposed insulation in unfinished spaces;

b.Ventilation of attics and under floor crawl space areas;

c.Bathroom venting systems; and

d.Kitchen venting system.

2.The inspector shall identify the existence and/or absence of bathroom ventilation other than a window(s).

3.Exclusions: In addition to the exclusions and prohibitions found in §§ 5.2.5 and 5.24.6 of this Part, the inspector shall not be required to observe and report on the following:

a.The type(s) amounts or adequacy of insulation and/or its material make up;

b.Concealed insulation and vapor retarders; or

c.The adequacy, uniformity, and capacity of the in-place system(s) to ventilate the various areas of the dwelling.

5.24.6 General Exclusions

A.In addition to the specific exclusions as described in § 5.24.6 of this Part, inspectors shall not be required to provide information on:

1.The remaining life expectancy of any component or system;

2.The causes of the need for repair;

3.The materials for corrections of the problem;

4.The methods of repair other than to indicate the repair should comply with applicable requirements of the governing codes and sound construction practices;

5.Compliance or non-compliance with applicable regulatory requirements unless specifically contracted for in writing;

6.Any component or system not required to be inspected by this Part;

7.Cosmetic items;

8.Items that are not readily accessible and observable, underground items, or items not permanently installed; or

9.Systems or components specifically excluded by client (as noted in writing in the contract or in the report).

B.Inspectors shall not be required to:

1.Offer warranties, guarantees and/or insurance policies of any kind on the property being inspected;

2.Collect any engineering data (the size of structural members and/or the output of mechanical and/or electrical equipment);

3.Inspect spaces that are not readily accessible and observable. Enter any area or perform any procedure, which may damage the property or its components, or be dangerous and unsafe to the inspector or other persons, as determined by and reported by the inspector;

4.Disturb or move insulation, stored and/or personal items, furniture, equipment, plant life, soil, snow, ice, or debris that obstructs access or visibility;

5.Determine the effectiveness of any system installed to control or remove suspected hazardous substances;

6.Predict future conditions, including but not limited to failure of components;

7.Project operating costs of components;

8.Determine extent or magnitude of damage or failures noted;

9.Operate any system or component which does not respond to normal operating controls;

10.Test for radon gas;

11.Determine the presence or absence of pests including, but not limited to, rodents or wood destroying insects;

12.Determine the energy efficiency of the dwelling as a whole or any individual system or component within the dwelling;

13.Perform environmental services including determining the presence or verifying the absence of any micro-organisms or suspected hazardous substances including, but not limited to, carbon monoxide, latent surface and/or subsurface volatile organic compounds, PCB's, asbestos, UFFI, toxins, allergens, molds, carcinogens, lead paint, radon gas, electromagnetic radiation, noise, odors, or any contaminants in soil, water, air wet lands and/or any other environmental hazard not listed in this Part;

14.Determine the level of sound proofing between walls, ceilings, floors, doors and between dwelling units;

15.Inspect surface and subsurface soil conditions; and

16.Inspect household appliances

5.24.7Prohibitions

A.Inspectors are prohibited from:

1.Reporting on the market value of property or its marketability and/or the suitability of the property for any use;

2.Advising their client about the advisability or inadvisability of the purchase of the property;

3.Offering or performing any act or service contrary to law and/or this Part;

4.Determining the cost of repairs of any item noted in their report and/or inspected by them and/or their firm;

5.Offering to make and/or perform any repair or provide any remedy, including but not limited to, performing engineering, architectural, surveying, plumbing, electrical and heating services, pest control (treatment), urea formaldehyde or any other job function requiring an occupational license and/or registration (in the jurisdiction where the inspection had taken place) on a dwelling, and/or residential building inspected by his/her firm. The only exception is if those repairs and/or services are part of a negotiated settlement of a complaint and/or claim against the home inspector and/or the firm he/she/represents.

6.Operating any system or component that is shut down or otherwise inoperable.

a.However, the home inspector shall recommend that the seller and/or the seller's representative demonstrate that those systems and/or components are functional.

7.Turn on any electrical or fuel supply and/or devices that are shut down.

5.24.8 Optional Fee Based Services

A.An inspector may provide additional home inspection related services to address items not otherwise included, or which are specifically excluded by this Part, provided the service is contracted for in writing, included in the report, does not include the physical repair, abatement, or treatment to the dwelling, and/or residential building being inspected, and is not prohibited under § 5.22.7 of this Part.

B.An inspector may provide services that require additional licensure and/or registration, so long as the inspector states in writing to the client, that he/she is properly licensed and/or registered to perform those services in the jurisdiction where the work is to be performed.

5.24.9 Ethical Standards and Professional Conduct

A.Requirement to respond to the Board.

1.A licensee shall respond within ten (10) days to a written communication from the Board or its designee and shall make available to the Board any relevant records/documents with respect to an inquiry or complaint about the licensee’s professional conduct. The ten-day period commences on the date that the Board sends the communication to the licensee’s address of record.

2.A licensee shall cooperate with any reasonable request from any Board staff or Board member or other agent or employee acting on behalf of the Board while investigating a complaint/claim or allegations regarding the licensee’s professional conduct as a home inspector or associate home inspector.

B.Welfare of persons served.

1.Licensees shall not provide any services beyond the scope of their practice or for which they are not appropriately licensed and/or registered.

2.Licensees shall not misrepresent licenses, registrations, certifications, qualifications, affiliations, educational background, or experience in the profession to the public, colleagues, or other individuals or entities.

3.Licensees shall fully inform persons served of the nature and limitations of services rendered or to be rendered.

4.Licensees shall disclose, in writing, including a written statement imbedded in the report, in bold print, in an obvious location, any financial or family relationship with the seller, the seller’s representative and/or the seller’s representative office.

5.A licensee shall impose a fee for services rendered only. If a client refuses access to an area that is included within the terms of the contract, the home inspector may include the fee for those areas as if they had been inspected.

6.A licensee may charge a cancellation fee so long as the cancellation fee is included in the terms of the contract.

7.Unless required by law, the licensee shall not reveal any confidential, privileged, or sensitive information obtained from the home inspection or individual that the licensee serves professionally, to any unauthorized person, without the expressed written permission of the client.

8.Licensees shall take all reasonable precautions to avoid injuring persons and property in the delivery of professional services.

9.Licensees follow acceptable patterns of professional conduct with all clients.

10.Licensees shall stamp and/or sign only those documents reviewed or prepared by them certifying that they are in conformity with R.I. Gen. Laws Chapter 5-65.1 and Parts 1 and 5 of this Subchapter.

5.24.10 Professional Objectivity/Conflict of Interest

A.Licensees shall maintain objectivity in all matters concerning the welfare of persons served professionally.

B.Licensees must guard against conflicts of professional interest and shall not engage in commercial activities that conflict with their responsibilities to clients or to colleagues.

C.Licensees shall promptly disclose to a client, or potential client, information about any business interest of the licensee that may affect the client or the potential client in connection with the home inspection.

D.Licensees shall not accept fees, gifts, or other forms of gratuities for the recommendation or non-recommendation of a particular contractor, product, or referral source.

E.Licensees shall not provide fees or insurance waivers of liability to real-estate offices, buyer’s brokers, real estate brokers or salespersons and/or seller’s representatives.

F.Licensees shall not knowingly engage or associate with any person or business entity in which the licensee has reason to believe is engaging in fraudulent or dishonest business or professional practices.

G.Home inspectors and/or associate home inspectors shall not inspect properties under contingency fee agreements whereby compensation or future referrals are dependent on the home inspection report or the sale of a property.

H.Licensees having knowledge of any alleged violation of R.I. Gen. Laws Chapters 5-65, 5-65.1, and/or Parts 1 and 5 of this Subchapter, shall immediately report the violation(s) to the Board and cooperate with any investigation conducted by the Board and/or its designees.

I.The inspector shall not pay any fee to real-estate offices, buyer’s brokers, real estate brokers or salespersons and/or seller’s representatives in order to be placed on a "referral/preferred inspector" list.

5.24.11 Record Keeping

A.Home inspectors and associate home inspectors shall maintain a copy of all reports prepared by them, or under their supervision, for a period of not less than three (3) years from the completion date of the written report.

History

• Amendment — effective from 2026-02-22 to current
• Periodic Refile — effective from 2022-01-04 to 02/22/2026
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-6 Rules and Regulations for Well-Drillers, Pump Installers, and Water Filtration Contractors

440-RICR-10-00-6 § 6.1 Authority

These rules and regulations are promulgated by the Contractors’ Registration and Licensing Board (Board) in accordance with R.I. Gen. Laws §§ 5-65-17 and 5-65.2.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-6 § 6.2 Purpose

The purpose of this Part is to administer and enforce the provisions of the Rhode Island Well Drilling, Pump Installers, and Water Filtration Contractors Law, R. I. Gen. Laws Chapter 5-65.2, to establish a licensing program and minimum standards for governing and enforcing the installation, construction, repair, development, and abandonment of wells, well pumps, water-supply systems, water-treatment systems, and water-filtration systems to ensure competency in the field and to safeguard the public health and to provide an adequate supply of clean and uncontaminated water for all persons in the state. Any person who fails to license as a well-driller, pump installer, or water filtration contractors, as stipulated, is subject to penalties for operating without a license.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-6 § 6.3 Incorporated Materials

Reserved

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-6 § 6.4. Definitions

6.4.1General Definitions

A.In addition to the terms defined in R.I. Gen. Laws §§ 5-65-1, 5-65.2-2, and § 1.4 of this Subchapter, for the purpose of this Part, the following terms shall have the following meanings:

1.“Abandoned Well” means a well, test well, or borehole that has gone dry, is contaminated, or no longer serves a useful purpose.

2.“Access port” means a minimum 3/4 inch tapped hole and plug, or a 3/4-inch pipe welded onto the casing in the upper portion of a well casing to permit entry of water-level measuring devices into the well.

3.“Adequate protection” means construction methods which assure protection of ambient groundwater from the introduction of contamination.

4.“Air line” means a water level measuring device consisting of a pressure gauge attached to an airtight line or pipe within the well bore extending from land surface to below the pumping level measuring the stable air pressure remaining in the line after completely purging water from within the line.

5.“Alter” means the replacing or repairing of any portion of an existing water supply system and the terms "alteration" and "altering" shall be construed accordingly.

6.“Altering a well” means the deepening, hydro-fracturing, reaming, casing, re-casing, perforation, re-perforating, and installation of liner pipe, packers, seals, and any other material change in the design or construction of a well.

7.“Annular space” means the space between two objects, one of which is surrounded by the other. This includes the space between the wall of an excavation and the wall of a pit; between the wall of an excavation and the casing of a well; or between two casings.

8.“Aquifer” means a geologic formation, group of formations, or part of a formation that contains saturated and permeable material capable of transmitting water in sufficient quantity to supply wells or springs. The terms water-bearing zone or water-bearing stratum are synonymous with the term aquifer.

9.“Artesian sell” means a well in which groundwater is under sufficient head to rise above the level at which it was first encountered whether the water flows at land surface. If the water level stands above land surface, the well is a flowing artesian well.

10.“Bentonite clay grout” means a mixture of bentonite clay and water.

11.“Bored well” means a well, constructed with the use of earth augers turned either by hand or by power equipment.

12.“Buried slab type well” means a dug well in which well casing is used to case the upper hole. A slab, sealed with cement grout, is placed between the upper hole and lower drill hole, and the remainder of the annulus is filled with concrete.

13.“Casing” means the tubing, pipe, or conduit, installed in the borehole during or after drilling. The term "casing" does not include slotted or perforated pipe, well screens, or liner pipe.

14.“Casing seal” means the watertight seal established in the well bore between the well casing and the drill hole wall to prevent the inflow and movement of surface water or shallow ground water in the well annulus, or to prevent the outflow or movement of water under artesian or hydrostatic pressures.

15.“Cement grout” means a mixture of cement, sand, and water.

16.“Cesspool” means a covered pit with open jointed lining for the reception of untreated sewage, the liquid portion of which is disposed of by seepage or leaching into the surrounding soil and the solids or sludge being retained in the pit.

17.Cistern” means a tank for the reception of rain water, intended for non-potable water supply system.

18.“Clay” means a fine-grained, inorganic material having plastic properties and with a predominant grain size of less than 0.005 mm.

19.“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.

20.“Confining formation” means the "impermeable" stratum immediately overlying an artesian (confined) aquifer.

21.“Consolidated formation” means materials that have become firm through natural rock-forming processes. It includes such materials as basalt, sandstone, hard claystone, conglomerate, and granite.

22.“Construct” means to build, assemble, or install a new water supply system, water treatment system, or the enlargement or alteration of an existing water supply system.

23.“Contamination” means the presence of sewage, industrial wastes, organisms of the coliform group, or harmful or objectionable material which is in, or may gain access to, potable water.

24.“Decommission” means the act of completely filling a well, test well or bore with sealant from the original depth to the surface, in accordance with this Part, so that it is no longer a conduit to the aquifer.

25.“Disinfection” means the inactivation of harmful organisms presents in water.

26.“Disposal field” means an area consisting of disposal trenches, a disposal bed, or a combination thereof used for dispersion of the liquid portion of sanitary sewage into the ground as close to the surface as feasible.

27.“Disposal trench” means a shallow ditch with vertical sides and flat bottom partially filled with a satisfactory filtering material in which a single distribution line has been laid, covered with top soil and suitable vegetation.

28.“Distribution box” means a watertight structure which receives sanitary sewage effluent from a septic tank and distributes such sewage effluent to two or more pipelines leading to a disposal field.

29.“Distribution lines” means a series of open-jointed or perforated pipes used for dispersion of sewage into a disposal field.

30.“Distribution main” means the pipe for the transmission or conveyance of potable water to more than one structure.

31.“Domestic well” means a well that supplies water to a water supply system for drinking, culinary, or household uses, and which is not used as a public water supply.

32.“Drawdown” means the difference in vertical distance between the pumping level and the static water level in a well or the area outside of the well.

33.“Driven well” means a well, constructed by driving into the ground a well-point fitted to the end of a pipe section or series of pipe sections.

34.“Dry well” means a covered pit with open-jointed lining through which drainage from roofs, basement floors or area-ways may seep or leach into the surrounding soil.

35.“Dug well” means a well in which the excavation is made using picks, shovels, spades, or digging equipment, such as backhoes, clam shell buckets, or sand bucket.

36."Electrical work" means the limited electrical installation, connection, and services from a drop/wall switch, as supplied by a properly licensed electrician for water-supply systems, water-filtration systems, water-treatment systems, and pump installations. Contractors, as defined herein, may perform this limited electrical work. This definition shall not exclude or prevent any properly licensed electrician from performing this work.

37.“Emergency work” means an unexpected event which affects the residents’ health, safety, and welfare, which must be corrected or rectified on an immediate need basis. In such instance, the contractor shall within 72 hours of completion of work, have the owner or owner’s representative sign an invoice/contract noting the scope of work and the amount of charges as well as obtain any required permits.

38.“Established ground surface” means the permanent elevation of the surface of the ground at the site of the well after completion of grading, excavation; or other land movement.

39.“Filtration system” means water treatment system.

40.“First draw” means a sample from a filter-free, cold water tap that is routinely used for consumption and with a minimum six (6) hour stagnation time.

41.“Gravel packed well” means a well in which the area immediately surrounding the well screen or perforated pipe within the water-producing zone is filled with graded coarser material.

42.“Groundwater” means water encountered below the ground surface of the earth within the zone of saturation that can supply wells and springs.

43.“Grout” means a supple, impervious bonding material which can provide a water tight seal between the casing and the formation throughout the depth required protecting against objectionable matter, and which is essentially free of shrinkage. This shall include but not be limited to neat cement grout, sand clay, bentonite cement grout.

44.“Grout Pipe” means the same as "Tremie Pipe"

45.“Hydraulic conductivity” means the ability of material to transmit fluid, usually described in units of gallons per day per square foot of cross-section area. It is related to the effectiveness with which pore spaces transmit fluids.

46.“Hydro fracturing” means a procedure whereby high-pressure water injection is used in an attempt to fracture or widen existing fractures or propagate limited fractures in a water bearing to increase a well's productivity.

47.“Industrial waste” means liquid or solid waste resulting from the processes employed in industrial establishments.

48.“Jaswell seal” means a type of seal that seals off a portion of the well hole. The Jaswell can seal off just the level of concern or can seal off the entire area from the top to the concern area.

49.“Jetted well” means a well in which the excavation is made using a high velocity jet of water.

50.“Leakage” means leakage of surface and/or subsurface water around the well casing.

51.“Limited plumbing” means the required cutting of a water service/supply pipe, for the purpose of installing a supply and return to connect water-filtration/treatment system, pump equipment and also includes drainage for point of use equipment. Any repair, or re-piping of the water service/supply pipe, to bypass an outdoor faucet, irrigation system, etc., shall be considered “Plumbing Work” which may only be performed by a R.I. Licensed Plumber.

52.“Liner pipe” means pipe that is installed inside a completed and cased well for the purpose of sealing off undesirable water or for repairing ruptured or punctured casing or screens.

53.“Locate” means the designation of the site or place of the sources or other appurtenances of a water supply system, and the term “location” shall be construed accordingly.

54.“Lower drill hole” means that part of the well bore extending below the surface seal interval in a well.

55.“Mineralized water” means any naturally occurring ground water containing an amount of dissolved chemical constituents limiting the beneficial uses to which the water may be applied.

56.“Neat cement grout” means a mixture of not more than six gallons of clear water to one bag of cement.

57.“Non–community water system” means a public water system that is not a community water system. A non-community water system is either a “transient non-community water system (TNC)” or a “non- transient non-community water system (NTNC).

58.“Onsite wastewater treatment system” or “OWTS” means any system of piping, tanks, dispersal areas, alternative toilets or other facilities designed to function as a unit to convey, store, treat or disperse wastewater by means other than discharge into a public wastewater system.

59.“Oversized drill hole” means an excavation which is larger than the outside diameter of the well casing, constructed for the emplacement of a well.

60.“Perched ground water” means ground water held above the regional or main water table by a less permeable underlying earth or rock material.

61.“Petcock valve” means a valve used to contain pressure and when opened, to drain the line or pipe.

62.“Pitless adaptor” means a device fabricated at the job site designed for attachment to one or more openings through a well casing, and so constructed as to prevent the entry of contamination into the well or potable water, conduct water from the well, prevent the water from freezing or extremes of temperature, and provide access to water system components within the well.

63.“pH” means the measurement of the acidity in water.

64.“Point-of-entry treatment” means water treatment that serves the entire house by treating water and reducing contaminants as it enters the structure.

65.“Porosity” means the ratio of the volume of voids in the geologic formation being drilled to the overall volume of the material without regards to size, shape, inter-connection, or arrangement of openings.

66.“Potability” means the determination that water is potable and is safe for consumption.

67.“Potable water” means water that meets human consumption standards of the R.I. Department of Health or the U.S. Environmental Protection Agency, whichever is more restrictive.

68.“Potentiometric surface” means the level to which water will rise in tightly cased wells.

69.“Pressure grouting” means a process by which a cement grout is confined within the drill hole or casing by the use of retain plugs or packer and by which sufficient pressure applied to drive the grout slurry into the annular space or zone to be grouted.

70.“Private water system” means a system that extracts groundwater from a well or well field (wells on one (1) or more properties), provides potable water for human consumption, and does not meet the requirements to be classified as a public water system. These systems also include commercial – mixed use, multi-family residential, single/duplex residential, and individual private systems.

71.“Private well” means a water well that can serve as a private drinking water system.

72.“Private well water testing report form” means a standardized form for the reporting of certified laboratory results to be disseminated to the well owner or client to determine if the water is potable.

73.“Public health hazard” means a condition whereby there are sufficient types and amounts of biological, chemical, or physical, including radiological, agents in relation to water which are likely to cause human illness, disorders, or disability. These include, but are not limited to pathogenic viruses, bacteria, toxic chemicals, and radioactive isotopes.

75.“Public water system” means a system for the provision to the public of water for human consumption through pipes or constructed conveyances; if such a system has at least fifteen (15) service connections or regularly serves at least twenty-five (25) individuals daily at least sixty (60) days out of the year.

76.“Pump” means mechanical equipment or device used to move, raise, compress, or transfer water.

77.“Pump installation” means the industry, procedure, and all operations engaged in by any person, full-time or part-time, for compensation or otherwise, to connect a pump or pipe to a water system or its appurtenances, or to install a pump or pipe in a well and the procedures for licensing well drillers and pump installers.

78.“Pump test” means the procedure involving pumping water for a specified period to determine the yield characteristics of a well.

79.“Pumping level” means the level of the water surface in a well while it is being pumped or bailed.

80.“Repair” means any work involved in the reaming, sealing, installing, changing of casing depths, perforating, screening, cleaning, acidizing, or other redevelopment of a well, pump or filtration system.

81.“Rough drilling log” means a record kept on the well site of the information needed to complete the well report for the well being constructed.

82.“Sand” means a detrital material having a prevalent grain ranging from 2 millimeters to 0.06 millimeters.

83.“Sand clay or bentonite cement grout” means a mixture of one-part fine sand, one-part clay or bentonite, and one-part cement and five to six gallons of water for every hundred pounds of the mixture.

84.“Sand cement grout” means a mixture of not more than two parts sands to one-part cement, and not more than six gallons of clear water to each bag of cement.

85.“Sanitary sewage” means any liquid waste containing animal or vegetable matter in suspension or solution, or the water-carried wastes resulting from the discharge of water closets, urinals, laundry tubs, washing machines, sinks, dishwashers, or any other source of water-carried waste of human origin or containing putrescible material.

86.“Sanitary sewer” means a pipe which carries sewage and to which storm, surface, and groundwater waters are not intentionally admitted.

87.“Seepage pit” means a covered pit with open-jointed lining material which septic or laundry waste may seep or leach into surrounding soil.

88.“Septic tank” means watertight receptacle which receives the discharge of sanitary sewage and is designed and constructed to permit settling of settleable solids from the liquid, digestion of the organic matter by detention, and discharge of the liquid portion into a disposal field.

89.“Service line” means a pipe for the transmission or conveyance of potable water under pressure either from an individual well or from a distribution main, to a realty improvement.

90.“Shared well” means a common well or well field that provides drinking water to more than one (1) residential unit, commercial enterprise, or any combination that does not meet the definition of public well.

91.“Silt” means unconsolidated elastic sediment composed predominantly of particles between 0.06 and 0.005 millimeters in diameter.

92.“Specific capacity” means the yield of a well expressed in gallons per minute per foot of drawdown, as abbreviated gpm/ft.

93.“Spring” means a natural surface feature where groundwater issues from the rock or soil onto the land or into a body of water.

94.“Static water level” means the depth to the surface of the water in a well measured from the land surface or other convenient, permanent, and specified datum, when no water is being discharged from the well and the water level has reached equilibrium.

95.“Stratum” means a bed or layer of a formation that consists throughout of approximately the same type of consolidated or unconsolidated material.

96.“Subsurface sewage disposal system” means an individual sewage disposal system.

97.“Suction line” means a pipe that conveys water at less than atmospheric pressure from a well to a pump.

98.“Sump” means a hole dug to a depth of ten feet or less with a diameter greater than ten feet in which water is sought or encountered.

99.“Supervision” means the physical presence of a licensee during all work of well-drilling, pump installation, and water-filtration/treatment, including repairs and service.

100.“Surface water” means the water found on the ground surface or contained in a stream, pond, lake, wetland, or other natural watercourse.

101.“Surging” means the use of a solid plunger in an up and down plunging motion to increase well productivity by forcing water into and out of existing fissures.

102.“Temporary removal from service” means to remove a drilling machine from a well site prior to putting the well into service or returning it to service or subsequent to completing or altering a well, or to remove a well form service with the intent of using it in the future.

103.“Test well” means a temporary well installed to obtain data.

104.“Transient non-community water system” or “TNC” means a non-community water system that does not regularly serve at least twenty-five (25) of the same persons over six (6) months per year.

105.“Tremie pipe” means a pipe which is used to place grout at the bottom of the sealing interval of a well.

106.“Unconsolidated formation” means naturally occurring loosely cemented or poorly indurated materials including clay, sand, silt, and gravel.

107.Undersized hole” means an excavation which is no larger than the internal diameter of the well casing, constructed for the emplacement of a well.

108.“Upper drill hole” means that part of the well bore extending from land surface to the bottom of the surface seal interval.

109.“Water authority” means an entity supplying water and regulated by the Rhode Island Department of Health.

110.“Water bearing formation” means aquifer.

111.“Water table well” means the upper surface of an unconfined water body, the surface of which is at atmospheric pressure and fluctuates seasonally. The water table is defined by the levels at which water stands in wells that penetrate the water body.

112.“Water treatment system” means any apparatus for treating, filtering, or processing water to modify, enhance, or improve its quality or to meet a specific water quality need, desire, or standard in the pipes, fittings, and other components servicing such apparatus.

113.“Well cap” means a watertight sanitary device that covers and encloses the upper termination of a pitless well unit or the well casing and provides watertight connections for electrical power lines and well vents.

114.“Well drilled” means a well, constructed by drilling a hole and inserting a casing to support the sides of the hole.

115.“Well drilling machine” means any power-driven percussion, rotary, boring, digging, or auguring machine used in the construction or alteration of wells.

116.“Well, dug” means a well excavated into a shallow aquifer.

117.“Well, geothermal” means a well that is drilled; bored, augured, or dug to allow piping to be installed to utilize the earth’s temperature for heating or cooling purposes.

118.“Well, irrigation” wells of all types of construction for the sole use of irrigation.

119.“Well, monitoring” means a well that is specifically located, designed, constructed, and emplaced to sample groundwater quality and/or measure water table elevations.

120.“Well seal” means an approved arrangement or device used to cap a well or to establish and maintain a junction between the casing and curbing of a well and the pipe or equipment installed therein, the purpose or function of which is to prevent contaminants from entering a well at the upper terminal.

121.“Well unit” a pre-assembled device which extends the upper end of a well casing to above grade, provided with a pitless well cap, and so constructed as to prevent the entry of contamination into the well or potable water, conduct water from the well, protect the water from freezing or extremes of temperature, and provide access to the well and to the water system components within the well.

122.“Well vent” means an outlet at the upper terminal of a well casing to allow equalization of air pressure in a well but at the same time so constructed as to avoid entry of water and foreign material into the well.

123.“Well yield” means the quantity of water per unit of time which may flow or be pumped continuously from a well.

6.4.2Private Water System Classifications:

A.Commercial/Mixed Use Private Water Systems include, but are not limited to, small multi-unit commercial spaces or mixed-use (commercial/residential) buildings. This type of system provides potable water to tenants as part of some form of rental or lease agreement entered into by the owner of the system as part of a commercial enterprise.

B.Multi-Family Residential/Shared Well Private Water System designed to supply multiple residential units with potable water. These systems may include but are not limited to; small apartment buildings or multiple houses/condominiums on a shared well or private well field.

C.Single/Duplex Residential Private Water System are designed to supply one or two tenants of record with potable water for consumption and use. The residential units (up to 2) associated with this type of system are not owner occupied.

D.Individual Private Water Systems are designed to supply an owner(s) and/or one tenant of record with potable water for consumption and not meeting the definition of a public water system.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-6 § 6.5 General Administration and Procedures

A.Administrative procedures for the licensing of well-drillers, pump installers, water filtration contractors, and water filtration installers shall comply with R.I. Gen. Laws Chapters 5-65, 5-65.2 and the following sections of Part 1 of this Subchapter:

1.Delivery of Notices: § 1.5(A) of this Subchapter.

2.Change of Address § 1.5(B) of this Subchapter

3.Public Records and Information Requests: § 1.5(C) of this Subchapter.

4.Certification of Registration/License § 1.5(D) of this Subchapter.

5.Filing Fees and Record Changes § 1.5(E) of this Subchapter.

B.Requirement for Written Contract

1.All well drilling, pump installing, and/or water filtration work, including the cost of labor and materials, in excess of one thousand dollars ($1,000), must be in writing with a copy of the contract provided to the customer, unless otherwise directed by the customer.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-6 § 6.6 General Licensing of Well-Drillers, Pump Installers, Water Filtration Contractors and Water Filtration Installers Requirements

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-6 § 6.7 Applications for Licensure

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-6 § 6.8 Education Requirements - Pre-Registration and Continuing Education

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-6 § 6.9 Complaints

A.The procedure for filing a complaint against a home inspector or associate home inspector shall comply with R.I. Gen. Laws Chapters 5-65, 5-65.2, and the following sections of Part 1 of this Subchapter:

1.Duty to Participate: § 1.9.1 of this Subchapter.

2.Complaints Generally: § 1.9.2 of this Subchapter.

3.Board Initiated Investigations: § 1.9.3 of this Subchapter.

4.The Board's Right to Refuse and/or Dismiss Complaints: § 1.9.4 of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-6 § 6.10 6.10 Notice of Accepted Complaints and Initial Board Investigation

The rules and regulations for pertaining to the notice of accepted complaints and initial board investigation shall comply with R.I. Gen. Laws Chapters § 5-65, 5-65.2, and § 1.10 of Part 1 of this Subchapter:

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-6 § 6.11 Prehearing Conferences and Alternative Dispute Resolution

A.The rules pertaining to prehearing conferences and alternative dispute resolution shall comply with R.I. Gen. Laws Chapter 5-65 and the following sections of Part 1 of this Subchapter:

1.Pre-Hearing Conferences: § 1.11.1 of this Subchapter.

2.Alternative Dispute Resolution: § 1.11.2 of this Subchapter.

3.Pre-Hearing/Alternative Dispute Resolution Procedures: § 1.11.3 of this Subchapter.

4.Administrative Hearings Based on Contested Cases: § 1.11.4 of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-6 § 6.12 Violations

A.The rules pertaining to violations shall comply with R.I. Gen. Laws § 5-65 and the following sections of Part 1 of this Subchapter:

1.Authority: § 1.12.1 of this Subchapter.

2.Procedure for Investigating and Processing Violations: § 1.12.2 of this Subchapter.

3.Notices of Violation/Proposed Order: § 1.12.3 of this Subchapter.

4.Fines / Penalties: § 1.12.4 of this Subchapter.

5.Court Judgments/Arbitration Awards - Effect on Registration/License: § 1.12.5 of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-6 § 6.13 Appeals

A.The rules pertaining to appeals shall comply with R.I. Gen. Laws Chapter 5-65 and the following sections of Part 1 of this Subchapter:

1.Appeal of Notice of Violation to Hearing Officer: § 1.13.1 of this Subchapter.

2.Appeal of Final Order by the Hearing Officer to the Full Board: § 1.13.2 of this Subchapter.

3.Appeal of Final Order by the Full Board to the Superior Court: § 1.13.3 of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-6 § 6.14 Criminal Prosecution

The rules pertaining to criminal prosecution shall comply with R.I. Gen. Laws Chapter 5-65 and § 1.14 of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-6 § 6.15 6.15 Administrative Hearings

A.The rules pertaining to administrative hearings shall comply with R.I. Gen. Laws Chapters 42-35 and 5-65 and the following sections of Part 1 of this Subchapter:

1.Notice of Hearing: § 1.15.1 of this Subchapter.

2.Representation: § 1.15.2 of this Subchapter.

3.Filing of Pleadings and Other Documents: § 1.15.3 of this Subchapter.

4.Service: § 1.15.4 of this Subchapter.

5.Time: § 1.15.5 of this Subchapter.

6.Motions: § 1.15.6 of this Subchapter.

7.Discovery: § 1.15.7 of this Subchapter.

8.Subpoenas: § 1.15.8 of this Subchapter.

9.Evidence: § 1.15.9 of this Subchapter.

10.Conduct of Hearings: § 1.15.10 of this Subchapter.

11.Decisions: § 1.15.11 of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-6 § 6.16 Expungements

The rules pertaining to expungements shall comply with R.I. Gen. Laws Chapter 5-65 and § 1.16 of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-6 § 6.17 Default

The rules pertaining to default shall comply with R.I. Gen. Laws Chapter 5-65 and § 1.17 of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-6 § 6.18 Disqualification/Incapacity of Hearing Officer

The rules pertaining to disqualification / incapacity of Hearing Officer shall comply with § 1.18 of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-6 § 6.19 Miscellaneous Provisions

The rules pertaining to miscellaneous provisions shall comply with § 1.19 of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-6 § 6.20 6.20 Hearings - Public Information

The rules pertaining to the hearings - public information shall comply with § 1.20 of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-6 § 6.21 Publication of Orders and Notices

The publication of all orders issued by the board and notices of hearing shall comply with the requirements of R.I. Gen. Laws § 5-65-25.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-6 § 6.22 Equal Access to Justice for Small Business

The rules pertaining to the equal access to justice for small business shall comply with § 1.22 of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-6 § 6.23 Severability

The rules pertaining to severability shall comply with § 1.23 of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2019-12-19 to 01/04/2022

440-RICR-10-00-6 § 6.24 Performance Standards

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2019-12-19 to 01/04/2022