§ 5-65-3 Registration for work on astructure required of contractor – Issuance of building permits tounregistered or unlicensed contractors prohibited – Evidence of activityas a contractor – Duties of contractors. – (a) A person shall not undertake, offer to undertake, or submit a bid to dowork as a contractor on a structure or arrange to have work done unless thatperson has a current, valid certificate of registration for all constructionwork issued by the board. A partnership, corporation, or joint venture may dothe work, offer to undertake the work, or submit a bid to do the work only ifthat partnership, corporation, or joint venture is registered for the work. Inthe case of registration by a corporation or partnership, an individual shallbe designated to be responsible for the corporation's or partnership's work.The corporation or partnership and its designee shall be jointly and severallyliable for the payment of the registration fee, as requested in this chapter,and for violations of any provisions of this chapter. Disciplinary action takenon a registration held by a corporation, partnership, or sole proprietor mayaffect other registrations held by the same corporation, partnership, or soleproprietorship, and may preclude future registration by the principal of thatbusiness entity.
(b) A registered partnership or corporation shall notify theboard in writing immediately upon any change in partners or corporate officers.
(c) A city, town, or the state shall not issue a buildingpermit to anyone required to be registered under this chapter who does not havea current, valid certificate of registration identification card or validlicense which shall be presented at the time of issuance of a permit and shallbecome a condition of a valid permit. Each city, town, or the state whichrequires the issuance of a permit as a condition precedent to construction,alteration, improvement, demolition, movement or repair of any building orstructure or the appurtenance to the structure shall also require that eachapplicant for the permit file as a condition to issuing the permit a writtenaffidavit subject to the penalties of perjury, subscribed by the applicant,that the applicant is registered under the provisions of this chapter, givingthe number of the registration and stating that the registration is in fullforce and effect, or, if the applicant is exempt from the provisions of thischapter, listing the basis for the exemption. The city, town, or the stateshall list the contractor's registration number on the permit obtained by thatcontractor, and if a homeowner is issued a permit, the building inspector orofficial must ascertain registration numbers of each contractor on the premisesand shall inform the registration board of any non-registered contractorsperforming work at the site.
(d) Every city and town which requires the issuance of abusiness license as a condition precedent to engaging, within the city or town,in a business which is subject to regulation under this chapter, shall requirethat each licensee and each applicant for issuance or renewal of the licensefile, or has on file, with the city or town a signed statement that thelicensee or applicant is registered under the provisions of this chapter andstating that the registration is in full force and effect.
(e) It shall be prima facie evidence of doing business as acontractor when a person for that person's own use performs, employs others toperform, or for compensation and with the intent to sell the structure,arranges to have performed any work described in § 5-65-1(3) if within anyone twelve (12) month period that person offers for sale one or more structureson which that work was performed.
(f) Registration under this chapter shall be prima facieevidence that the registrant conducts a separate, independent business.
(g) The provisions of this chapter shall be exclusive and nocity or town shall require or shall issue any registrations or licenses norcharges any fee for the regulatory registration of any contractor registeredwith the board. Nothing in this subsection shall limit or abridge the authorityof any city or town to license and levy and collect a general andnondiscriminatory license fee levied upon all businesses, or to levy a taxbased upon business conducted by any firm within the city or town'sjurisdiction, if permitted under the laws of the state.
(h) Every contractor shall maintain a list which shallinclude the following information about all subcontractors or other contractorsperforming work on a structure for that contractor:
(i) Names and addresses.
(ii) Registration numbers or other license numbers.
(2) The list referred to in subdivision (h)(1) of thissubsection shall be delivered to the board within twenty-four (24) hours aftera request is made during reasonable working hours, or a fine of twenty-fivedollars ($25.00) may be imposed for each offense.
(i) The following subcontractors who are not employees of aregistered contractor must obtain a registration certificate prior toconducting any work: (1) carpenters, including finish carpenters and framers;(2) siding installers; (3) roofers; (4) foundation installers, includingconcrete installers and form installers; (5) drywall installers; (6)plasterers; (7) insulation installers; (8) ceramic tile installers; (9) floorcovering installers; (10) swimming pool installers, both above ground and inground; (11) masons, including chimney installers, fireplace installers, andgeneral masonry erectors. This list is not all inclusive and shall not belimited to the above referenced contractors. No subcontractor licensed byanother in-state agency pursuant to § 5-65-2 shall be required toregister, provided that said work is performed under the purview of thatlicense.
(j) A contractor including, but not limited to, a generalcontractor, shall not hire any subcontractor or other contractor to work on astructure unless the contractor is registered under this chapter or exempt fromregistration under the provisions of § 5-65-2.
(k) A summary of this chapter, prepared by the board andprovided at cost to all registered contractors, shall be delivered by thecontractor to the owner when the contractor begins work on a structure; failureto comply may result in a fine.
(l) The registration number of each contractor shall appearin any advertising by that contractor. Advertising in any form by anunregistered contractor shall be prohibited, including alphabetical orclassified directory listings, vehicles, business cards, and all other forms ofadvertisements. The violations could result in a penalty being assessed by theboard per administrative procedures established.
(i) The board may publish, revoke or suspend registrationsand the date the registration was suspended or revoked on a quarterly basis.
(ii) Use of the word "license" in any form of advertisingwhen only registered may subject the registrant or those required to beregistered to a fine of one hundred dollars ($100) for each offense at thediscretion of the board.
(m) The contractor must see that permits required by thestate building code are secured on behalf of the owner prior to commencing thework involved. The contractor's registration number must be affixed to thepermit as required by the state building code.
(n) The board may assess an interest penalty of twelvepercent (12%) annually when a monetary award is ordered by the board.
(o) All work performed, including labor and materials, inexcess of one thousand dollars ($1,000) shall be accompanied by a contract inwriting. Contracts required pursuant to this subsection shall include alocation on or near the signature line location on or in which the parties tothe contract shall initial to evidence the receipt of certain consumereducation materials or information approved and provided by the board to thecontractor. Said educational materials and/or information shall include, butnot be limited to, the following notice and shall be provided by the contractorto the homeowner:
NOTICE OF POSSIBLE MECHANIC'S LIEN
To: Insert name of owner, lessee or tenant, or owner of lessthan the simple fee.
The undersigned is about to perform work and/or furnishmaterials for the construction, erection, alterations or repair upon the landat (INSERT ADDRESS) under contract with you. This is a notice that theundersigned and any other persons who provide labor and materials for theimprovement under contract with the undersigned may file a mechanic's lien uponthe land in the event of nonpayment to them. It is your responsibility toassure yourself that those other persons under contract with the undersignedreceive payment for their work performed and materials furnished for theconstruction, erection, alteration or repair upon the land. Failure to adhereto the provisions of this subsection may result in a one thousand dollar($1,000) fine against the contractor and shall not affect the right of anyother person performing work or furnishing materials of claiming a lienpursuant to Chapter 34-28. However, such person failing to provide such noticeshall indemnify and hold harmless any owner, lessee or tenant, or owner of lessthan the fee simple from any payment or costs incurred on account of any liensclaims by those not in privity with them, unless such owner, lessee or tenant,or owner of less than the fee simple shall not have paid such person.
(p) Contracts entered into must contain notice of right ofrescission as stipulated in all pertinent Rhode Island consumer protection laws.
(q) The contractor must stipulate whether or not all theproper insurances are in effect for each job contracted.
(r) Contractors who are in compliance with the provisions ofthis subsection shall be exempt from the requirements of section 34-28-4.1.
§ 5-65-3 Registration for work on astructure required of contractor – Issuance of building permits tounregistered or unlicensed contractors prohibited – Evidence of activityas a contractor – Duties of contractors. – (a) A person shall not undertake, offer to undertake, or submit a bid to dowork as a contractor on a structure or arrange to have work done unless thatperson has a current, valid certificate of registration for all constructionwork issued by the board. A partnership, corporation, or joint venture may dothe work, offer to undertake the work, or submit a bid to do the work only ifthat partnership, corporation, or joint venture is registered for the work. Inthe case of registration by a corporation or partnership, an individual shallbe designated to be responsible for the corporation's or partnership's work.The corporation or partnership and its designee shall be jointly and severallyliable for the payment of the registration fee, as requested in this chapter,and for violations of any provisions of this chapter. Disciplinary action takenon a registration held by a corporation, partnership, or sole proprietor mayaffect other registrations held by the same corporation, partnership, or soleproprietorship, and may preclude future registration by the principal of thatbusiness entity.
(b) A registered partnership or corporation shall notify theboard in writing immediately upon any change in partners or corporate officers.
(c) A city, town, or the state shall not issue a buildingpermit to anyone required to be registered under this chapter who does not havea current, valid certificate of registration identification card or validlicense which shall be presented at the time of issuance of a permit and shallbecome a condition of a valid permit. Each city, town, or the state whichrequires the issuance of a permit as a condition precedent to construction,alteration, improvement, demolition, movement or repair of any building orstructure or the appurtenance to the structure shall also require that eachapplicant for the permit file as a condition to issuing the permit a writtenaffidavit subject to the penalties of perjury, subscribed by the applicant,that the applicant is registered under the provisions of this chapter, givingthe number of the registration and stating that the registration is in fullforce and effect, or, if the applicant is exempt from the provisions of thischapter, listing the basis for the exemption. The city, town, or the stateshall list the contractor's registration number on the permit obtained by thatcontractor, and if a homeowner is issued a permit, the building inspector orofficial must ascertain registration numbers of each contractor on the premisesand shall inform the registration board of any non-registered contractorsperforming work at the site.
(d) Every city and town which requires the issuance of abusiness license as a condition precedent to engaging, within the city or town,in a business which is subject to regulation under this chapter, shall requirethat each licensee and each applicant for issuance or renewal of the licensefile, or has on file, with the city or town a signed statement that thelicensee or applicant is registered under the provisions of this chapter andstating that the registration is in full force and effect.
(e) It shall be prima facie evidence of doing business as acontractor when a person for that person's own use performs, employs others toperform, or for compensation and with the intent to sell the structure,arranges to have performed any work described in § 5-65-1(3) if within anyone twelve (12) month period that person offers for sale one or more structureson which that work was performed.
(f) Registration under this chapter shall be prima facieevidence that the registrant conducts a separate, independent business.
(g) The provisions of this chapter shall be exclusive and nocity or town shall require or shall issue any registrations or licenses norcharges any fee for the regulatory registration of any contractor registeredwith the board. Nothing in this subsection shall limit or abridge the authorityof any city or town to license and levy and collect a general andnondiscriminatory license fee levied upon all businesses, or to levy a taxbased upon business conducted by any firm within the city or town'sjurisdiction, if permitted under the laws of the state.
(h) Every contractor shall maintain a list which shallinclude the following information about all subcontractors or other contractorsperforming work on a structure for that contractor:
(i) Names and addresses.
(ii) Registration numbers or other license numbers.
(2) The list referred to in subdivision (h)(1) of thissubsection shall be delivered to the board within twenty-four (24) hours aftera request is made during reasonable working hours, or a fine of twenty-fivedollars ($25.00) may be imposed for each offense.
(i) The following subcontractors who are not employees of aregistered contractor must obtain a registration certificate prior toconducting any work: (1) carpenters, including finish carpenters and framers;(2) siding installers; (3) roofers; (4) foundation installers, includingconcrete installers and form installers; (5) drywall installers; (6)plasterers; (7) insulation installers; (8) ceramic tile installers; (9) floorcovering installers; (10) swimming pool installers, both above ground and inground; (11) masons, including chimney installers, fireplace installers, andgeneral masonry erectors. This list is not all inclusive and shall not belimited to the above referenced contractors. No subcontractor licensed byanother in-state agency pursuant to § 5-65-2 shall be required toregister, provided that said work is performed under the purview of thatlicense.
(j) A contractor including, but not limited to, a generalcontractor, shall not hire any subcontractor or other contractor to work on astructure unless the contractor is registered under this chapter or exempt fromregistration under the provisions of § 5-65-2.
(k) A summary of this chapter, prepared by the board andprovided at cost to all registered contractors, shall be delivered by thecontractor to the owner when the contractor begins work on a structure; failureto comply may result in a fine.
(l) The registration number of each contractor shall appearin any advertising by that contractor. Advertising in any form by anunregistered contractor shall be prohibited, including alphabetical orclassified directory listings, vehicles, business cards, and all other forms ofadvertisements. The violations could result in a penalty being assessed by theboard per administrative procedures established.
(i) The board may publish, revoke or suspend registrationsand the date the registration was suspended or revoked on a quarterly basis.
(ii) Use of the word "license" in any form of advertisingwhen only registered may subject the registrant or those required to beregistered to a fine of one hundred dollars ($100) for each offense at thediscretion of the board.
(m) The contractor must see that permits required by thestate building code are secured on behalf of the owner prior to commencing thework involved. The contractor's registration number must be affixed to thepermit as required by the state building code.
(n) The board may assess an interest penalty of twelvepercent (12%) annually when a monetary award is ordered by the board.
(o) All work performed, including labor and materials, inexcess of one thousand dollars ($1,000) shall be accompanied by a contract inwriting. Contracts required pursuant to this subsection shall include alocation on or near the signature line location on or in which the parties tothe contract shall initial to evidence the receipt of certain consumereducation materials or information approved and provided by the board to thecontractor. Said educational materials and/or information shall include, butnot be limited to, the following notice and shall be provided by the contractorto the homeowner:
NOTICE OF POSSIBLE MECHANIC'S LIEN
To: Insert name of owner, lessee or tenant, or owner of lessthan the simple fee.
The undersigned is about to perform work and/or furnishmaterials for the construction, erection, alterations or repair upon the landat (INSERT ADDRESS) under contract with you. This is a notice that theundersigned and any other persons who provide labor and materials for theimprovement under contract with the undersigned may file a mechanic's lien uponthe land in the event of nonpayment to them. It is your responsibility toassure yourself that those other persons under contract with the undersignedreceive payment for their work performed and materials furnished for theconstruction, erection, alteration or repair upon the land. Failure to adhereto the provisions of this subsection may result in a one thousand dollar($1,000) fine against the contractor and shall not affect the right of anyother person performing work or furnishing materials of claiming a lienpursuant to Chapter 34-28. However, such person failing to provide such noticeshall indemnify and hold harmless any owner, lessee or tenant, or owner of lessthan the fee simple from any payment or costs incurred on account of any liensclaims by those not in privity with them, unless such owner, lessee or tenant,or owner of less than the fee simple shall not have paid such person.
(p) Contracts entered into must contain notice of right ofrescission as stipulated in all pertinent Rhode Island consumer protection laws.
(q) The contractor must stipulate whether or not all theproper insurances are in effect for each job contracted.
(r) Contractors who are in compliance with the provisions ofthis subsection shall be exempt from the requirements of section 34-28-4.1.
§ 5-65-3 Registration for work on astructure required of contractor – Issuance of building permits tounregistered or unlicensed contractors prohibited – Evidence of activityas a contractor – Duties of contractors. – (a) A person shall not undertake, offer to undertake, or submit a bid to dowork as a contractor on a structure or arrange to have work done unless thatperson has a current, valid certificate of registration for all constructionwork issued by the board. A partnership, corporation, or joint venture may dothe work, offer to undertake the work, or submit a bid to do the work only ifthat partnership, corporation, or joint venture is registered for the work. Inthe case of registration by a corporation or partnership, an individual shallbe designated to be responsible for the corporation's or partnership's work.The corporation or partnership and its designee shall be jointly and severallyliable for the payment of the registration fee, as requested in this chapter,and for violations of any provisions of this chapter. Disciplinary action takenon a registration held by a corporation, partnership, or sole proprietor mayaffect other registrations held by the same corporation, partnership, or soleproprietorship, and may preclude future registration by the principal of thatbusiness entity.
(b) A registered partnership or corporation shall notify theboard in writing immediately upon any change in partners or corporate officers.
(c) A city, town, or the state shall not issue a buildingpermit to anyone required to be registered under this chapter who does not havea current, valid certificate of registration identification card or validlicense which shall be presented at the time of issuance of a permit and shallbecome a condition of a valid permit. Each city, town, or the state whichrequires the issuance of a permit as a condition precedent to construction,alteration, improvement, demolition, movement or repair of any building orstructure or the appurtenance to the structure shall also require that eachapplicant for the permit file as a condition to issuing the permit a writtenaffidavit subject to the penalties of perjury, subscribed by the applicant,that the applicant is registered under the provisions of this chapter, givingthe number of the registration and stating that the registration is in fullforce and effect, or, if the applicant is exempt from the provisions of thischapter, listing the basis for the exemption. The city, town, or the stateshall list the contractor's registration number on the permit obtained by thatcontractor, and if a homeowner is issued a permit, the building inspector orofficial must ascertain registration numbers of each contractor on the premisesand shall inform the registration board of any non-registered contractorsperforming work at the site.
(d) Every city and town which requires the issuance of abusiness license as a condition precedent to engaging, within the city or town,in a business which is subject to regulation under this chapter, shall requirethat each licensee and each applicant for issuance or renewal of the licensefile, or has on file, with the city or town a signed statement that thelicensee or applicant is registered under the provisions of this chapter andstating that the registration is in full force and effect.
(e) It shall be prima facie evidence of doing business as acontractor when a person for that person's own use performs, employs others toperform, or for compensation and with the intent to sell the structure,arranges to have performed any work described in § 5-65-1(3) if within anyone twelve (12) month period that person offers for sale one or more structureson which that work was performed.
(f) Registration under this chapter shall be prima facieevidence that the registrant conducts a separate, independent business.
(g) The provisions of this chapter shall be exclusive and nocity or town shall require or shall issue any registrations or licenses norcharges any fee for the regulatory registration of any contractor registeredwith the board. Nothing in this subsection shall limit or abridge the authorityof any city or town to license and levy and collect a general andnondiscriminatory license fee levied upon all businesses, or to levy a taxbased upon business conducted by any firm within the city or town'sjurisdiction, if permitted under the laws of the state.
(h) Every contractor shall maintain a list which shallinclude the following information about all subcontractors or other contractorsperforming work on a structure for that contractor:
(i) Names and addresses.
(ii) Registration numbers or other license numbers.
(2) The list referred to in subdivision (h)(1) of thissubsection shall be delivered to the board within twenty-four (24) hours aftera request is made during reasonable working hours, or a fine of twenty-fivedollars ($25.00) may be imposed for each offense.
(i) The following subcontractors who are not employees of aregistered contractor must obtain a registration certificate prior toconducting any work: (1) carpenters, including finish carpenters and framers;(2) siding installers; (3) roofers; (4) foundation installers, includingconcrete installers and form installers; (5) drywall installers; (6)plasterers; (7) insulation installers; (8) ceramic tile installers; (9) floorcovering installers; (10) swimming pool installers, both above ground and inground; (11) masons, including chimney installers, fireplace installers, andgeneral masonry erectors. This list is not all inclusive and shall not belimited to the above referenced contractors. No subcontractor licensed byanother in-state agency pursuant to § 5-65-2 shall be required toregister, provided that said work is performed under the purview of thatlicense.
(j) A contractor including, but not limited to, a generalcontractor, shall not hire any subcontractor or other contractor to work on astructure unless the contractor is registered under this chapter or exempt fromregistration under the provisions of § 5-65-2.
(k) A summary of this chapter, prepared by the board andprovided at cost to all registered contractors, shall be delivered by thecontractor to the owner when the contractor begins work on a structure; failureto comply may result in a fine.
(l) The registration number of each contractor shall appearin any advertising by that contractor. Advertising in any form by anunregistered contractor shall be prohibited, including alphabetical orclassified directory listings, vehicles, business cards, and all other forms ofadvertisements. The violations could result in a penalty being assessed by theboard per administrative procedures established.
(i) The board may publish, revoke or suspend registrationsand the date the registration was suspended or revoked on a quarterly basis.
(ii) Use of the word "license" in any form of advertisingwhen only registered may subject the registrant or those required to beregistered to a fine of one hundred dollars ($100) for each offense at thediscretion of the board.
(m) The contractor must see that permits required by thestate building code are secured on behalf of the owner prior to commencing thework involved. The contractor's registration number must be affixed to thepermit as required by the state building code.
(n) The board may assess an interest penalty of twelvepercent (12%) annually when a monetary award is ordered by the board.
(o) All work performed, including labor and materials, inexcess of one thousand dollars ($1,000) shall be accompanied by a contract inwriting. Contracts required pursuant to this subsection shall include alocation on or near the signature line location on or in which the parties tothe contract shall initial to evidence the receipt of certain consumereducation materials or information approved and provided by the board to thecontractor. Said educational materials and/or information shall include, butnot be limited to, the following notice and shall be provided by the contractorto the homeowner:
NOTICE OF POSSIBLE MECHANIC'S LIEN
To: Insert name of owner, lessee or tenant, or owner of lessthan the simple fee.
The undersigned is about to perform work and/or furnishmaterials for the construction, erection, alterations or repair upon the landat (INSERT ADDRESS) under contract with you. This is a notice that theundersigned and any other persons who provide labor and materials for theimprovement under contract with the undersigned may file a mechanic's lien uponthe land in the event of nonpayment to them. It is your responsibility toassure yourself that those other persons under contract with the undersignedreceive payment for their work performed and materials furnished for theconstruction, erection, alteration or repair upon the land. Failure to adhereto the provisions of this subsection may result in a one thousand dollar($1,000) fine against the contractor and shall not affect the right of anyother person performing work or furnishing materials of claiming a lienpursuant to Chapter 34-28. However, such person failing to provide such noticeshall indemnify and hold harmless any owner, lessee or tenant, or owner of lessthan the fee simple from any payment or costs incurred on account of any liensclaims by those not in privity with them, unless such owner, lessee or tenant,or owner of less than the fee simple shall not have paid such person.
(p) Contracts entered into must contain notice of right ofrescission as stipulated in all pertinent Rhode Island consumer protection laws.
(q) The contractor must stipulate whether or not all theproper insurances are in effect for each job contracted.
(r) Contractors who are in compliance with the provisions ofthis subsection shall be exempt from the requirements of section 34-28-4.1.
