Text of RI H 7456 (2024)

2024 -- H 7456 ======== LC004556 ======== S TA TE O F R H O D E IS L A N D IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 2024 ____________ A N A C T RELATING TO BUSINESSES AND PROFESSIONS -- ELECTRICIANS Introduced By: Representatives Slater, Diaz, Edwards, and O'Brien Date Introduced: February 02, 2024 Referred To: House Labor It is enacted by the General Assembly as follows: SECTION 1. Sections 5-6-24 and 5-6-24.1 of the General Laws in Chapter 5-6 entitled 1 "Electricians" are hereby amended to read as follows: 2 5-6-24. Apprentices — Registration. 3 (a) This chapter does not forbid the employment of one properly limited-registered 4 registered apprentice electrician working with and under the direct personal supervision of a an 5 appropriately licensed journeyperson electrician. Additionally, this chapter does not forbid the 6 employment of: (1) One properly registered apprentice burnerperson working with and under the 7 direct personal supervision of a licensed burnerperson; (2) One properly registered apprentice fire 8 alarm installer working with and under the direct personal supervision of a licensed fire alarm 9 installer; (3) Two (2) properly registered apprentice electrical sign installers working with and 10 under the direct personal supervision of a licensed electrical sign installer; (4) One properly 11 registered apprentice maintenance electrician working with and under the direct personal 12 supervision of a valid Class C or Class D Class M license holder; or (5) One properly registered 13 apprentice lightning-protection installer working with and under the direct personal supervision of 14 a licensed lightning-protection installer (LPI). Apprentices are required to register with the division 15 of professional regulation immediately upon employment with a properly licensed electrical 16 contractor or lightning-protection contractor. 17 (b) Indentured Registered apprentice electricians are required to work a minimum of eight 18 thousand (8,000) hours over a period of time of not less than four (4) years and successfully 19 LC004556 - Page 2 of 27 complete one hundred forty-four (144) hours of related instruction per year in an indentured a 1 registered apprenticeship program approved by the Rhode Island department of labor and training, 2 to qualify for the journeyperson “B” electrician examination; provided, however, registered 3 apprentices may receive credit for one hundred forty-four (144) hours of classroom training gained 4 in a vocational school authorized by the board of education, or a maximum of two hundred eighty- 5 eight (288) hours of classroom training gained over two (2) academic years (one hundred forty- 6 four (144) per academic year), upon the successful completion of a course of study in a fully 7 accredited trade school that has been approved by the Rhode Island office of postsecondary 8 commissioner and by the Rhode Island department of labor and training apprenticeship council. 9 Provided, that the test applicant has possessed, for at least four (4) years prior to the filing of the 10 application, a certificate of registration in full force and effect from the department of labor and 11 training of Rhode Island specifying the person as an indentured a registered apprentice, and the 12 application of an applicant is accompanied by an affidavit or affidavits of his or her employer or 13 former employers or other reasonably satisfactory evidence showing that the applicant has been 14 actually engaged in eight thousand (8,000) hours of electrical work as an a registered apprentice in 15 Rhode Island during those four (4) years; or the application is accompanied by an affidavit or other 16 reasonably satisfactory evidence showing that the applicant has successfully completed a course of 17 study in a recognized college or university and has pursued a course of electrical technology for at 18 least two (2) academic years or is the recipient of an associate degree in electrical technology, and 19 has thereafter been indentured registered by the department of labor and training as an apprentice 20 for at least four (4) years and employed as an indentured a registered apprentice while supervised 21 by a duly licensed journeyperson electrician employed under a master in this state for a period of 22 four (4) years; or a showing that the applicant possesses a certificate of license issued under the 23 laws of another state, based on training equal to that required by the state of Rhode Island. Limited- 24 registered apprentice electricians shall be required to work a minimum of four thousand (4,000) 25 hours over a period of time of not less than two (2) years. 26 (c) Indentured Registered apprentice maintenance electricians are required to work a 27 minimum of six thousand (6,000) hours over a period of time of not less than three (3) years and 28 successfully complete one hundred forty-four (144) hours of related instruction per year in an 29 indentured a registered apprenticeship program approved by the Rhode Island department of labor 30 and training, to qualify for the journeyperson “M” electrician examination. Provided, however, that 31 the test applicant has possessed for at least three (3) years prior to the filing of the application a 32 certificate of registration in full force and effect from the department of labor and training 33 specifying the person as an indentured a registered apprentice, and the application of an applicant 34 LC004556 - Page 3 of 27 is accompanied by an affidavit or affidavits of his or her employer or former employers or other 1 reasonably satisfactory evidence showing that the applicant has been actually engaged in electrical 2 work as an apprentice in Rhode Island during those three (3) years as outlined in the registered 3 apprenticeship program standards. Class M journeyperson electricians may qualify to take the 4 journeyperson “B” electrician examination upon registering as a fourth-year apprentice and 5 becoming working under the supervision of journeyperson "B" electrician while employed by a 6 properly licensed Class A electrical contractor that sponsors, or participates in, an appropriately- 7 designed registered apprenticeship program for that period of time. 8 (d) Apprentice Registered apprentice lightning-protection installers are required to work a 9 minimum of four thousand (4,000) hours over a period of time of not less than two (2) years in a 10 registered apprenticeship program approved by the Rhode Island department of labor and training 11 to qualify for the lightning-protection installer (LPI) examination. Provided, that the test applicant 12 has possessed for at least two (2) years prior to the filing of the application a certificate of 13 registration in full force and effect from the department of labor and training specifying the person 14 as an apprentice lightning-protection installer, and the application of an applicant is accompanied 15 by an affidavit or affidavits of his or her employer or former employers or other reasonably 16 satisfactory evidence showing that the applicant has been actually engaged in lightning-protection 17 work as an apprentice during those two (2) years as outlined in the registered apprenticeship 18 program standards. 19 5-6-24.1. Apprentices certified by other states Apprentices registered in other states. 20 Any apprentice electrician holding an apprentice certificate, license, or equivalent 21 document issued by another state shall register with and obtain the approval of the division of 22 professional regulation in the department of labor and training prior Prior to being permitted to 23 work or serve as an electrician’s apprentice in this state, any apprentice electrician registered by 24 another registration agency in a neighboring state shall obtain reciprocal recognition from the 25 Rhode Island department of labor and training pursuant to § 28-45-16. Provided, no approval shall 26 be granted unless the applicant demonstrates to the board that the applicant is currently enrolled in 27 one hundred forty-four (144) hours of electrical-related classroom instruction per year for not less 28 than four (4) years in an indentured apprenticeship program approved by the department of labor 29 and training. 30 SECTION 2. Chapter 5-6 of the General Laws entitled "Electricians" is hereby amended 31 by adding thereto the following sections: 32 5-6-24.2. Apprentices - Exam requirements. 33 To be eligible applicants for electrical licensing exams, apprentices shall complete an 34 LC004556 - Page 4 of 27 applicable registered apprenticeship program in Rhode Island. Apprentices shall provide transcripts 1 of completed related instruction and work record books from employer(s), or other reasonably 2 satisfactory evidence, to document completion of a registered apprenticeship program appropriate 3 to the license being applied for. 4 5-6-24.3. Credit for electrical license exams. 5 (a) For licensing purposes, decisions by an apprenticeship sponsor to grant credit for prior 6 learning or experience pursuant to §§ 28-45-9(2)(xii) or 28-45-9.2 shall also require the written 7 approval of the electrical board of examiners of the Rhode Island department of labor and training. 8 Registered apprentices may receive credit for one hundred forty-four (144) hours of classroom 9 training gained in a vocational school authorized by the board of education, or a maximum of two 10 hundred eighty-eight (288) hours of classroom training gained over two (2) academic years (one 11 hundred forty-four (144) hours per academic year), upon the successful completion of a course of 12 study in a fully accredited trade school that has been approved by the Rhode Island office of 13 postsecondary commissioner and by the Rhode Island department of labor and training 14 apprenticeship council. 15 (b) For licensing purposes, on-the-job learning hours required as part of a registered 16 apprenticeship program by license type are as follows: 17 (1) At minimum, an electrician apprenticeship program for a Class B license shall include 18 eight thousand (8,000) hours of on-the-job learning. 19 (2) At minimum, a maintenance electrician apprenticeship program for a Class M license 20 shall include six thousand (6,000) hours of on-the-job learning. 21 (3) At minimum, a lightning protection installer apprenticeship program shall include four 22 thousand (4,000) hours of on-the-job learning. 23 (4) All registered apprenticeship programs shall include one hundred forty-four (144) hours 24 of related instruction, including, but not limited to, classroom training, provided concurrently with 25 each two thousand (2,000) hours period of on-the-job learning. 26 SECTION 3. Sections 5-20-4.1, 5-20-5, 5-20-10, 5-20-17, 5-20-17.1, 5-20-17.2 and 5-20- 27 25 of the General Laws in Chapter 5-20 entitled "Plumbers, Irrigators, and Water System Installers" 28 are hereby amended to read as follows: 29 5-20-4.1. “Apprentice irrigator” defined. 30 “Apprentice irrigator,” as used in this chapter, means a person hired to perform all phases 31 of an irrigation project and registered as an apprentice pursuant to § 28-45-13 working under the 32 supervision of a master irrigation licensee or a licensed journeyperson irrigator for a period of one 33 year. 34 LC004556 - Page 5 of 27 5-20-5. “Apprentice plumber” defined. 1 “Apprentice plumber,” as used in this chapter, means any employee registered as an 2 apprentice pursuant to § 28-45-13, whose principal occupation is service with a master plumber 3 with a view to learning the art or trade of maintenance, installation, or repair of plumbing, as defined 4 in § 5-20-2. 5 5-20-10. Work for which apprentice certificate required. 6 No person shall engage to work as an apprentice plumber, unless that person possesses and 7 carries on his or her person at all times while engaged, a certificate of registration in full force and 8 effect from the department of labor and training specifying that person as has registered as an 9 apprentice plumber, an apprentice irrigator, or an apprentice water-filtration/treatment-system 10 installer pursuant to § 28-45-13. 11 5-20-17. Qualifications of journeyperson — Application fee. 12 (a) No application for a journeyperson’s license shall be filed at the department of labor 13 and training nor shall any applicant be permitted to take the examination for a license as a 14 journeyperson plumber, unless: 15 (1) The application is accompanied by a nonrefundable application fee of seventy-five 16 dollars ($75.00); and 17 (2) The applicant shall have possessed, for at least four (4) years prior to the filing of the 18 application, a certificate of registration in full force and effect from the department of labor and 19 training specifying that person as a registered apprentice plumber pursuant to § 28-45-13 and the 20 application of that applicant is accompanied with an affidavit or affidavits of his or her employer 21 or former employers or other reasonably satisfactory evidence showing that the applicant has been 22 actually engaged in plumbing work as an apprentice plumber in the state of Rhode Island for eight 23 thousand (8,000) hours of on-the-job training during a five-year (5) period, which shall include the 24 successful completion of five hundred seventy-six (576) hours of related instruction at a training 25 program recognized by the department of labor and training; provided, however, the apprentice 26 may receive credit for one hundred forty-four (144) hours of classroom training applied against the 27 five hundred seventy-six (576) hours required pursuant to this section, gained in a vocational school 28 authorized by the council on elementary and secondary education; and approved by the Rhode 29 Island department of labor and training state apprenticeship council. 30 (3) The application is accompanied with an affidavit or other reasonably satisfactory 31 evidence showing that the applicant has been a registered student in a recognized college, 32 university, or trade school and has pursued a course of plumbing or sanitary engineering for at least 33 two (2) academic years; or 34 LC004556 - Page 6 of 27 (4) The applicant is the recipient of an associate degree in either plumbing or sanitary 1 engineering, and has been registered by the department of labor and training as an apprentice 2 plumber for at least two (2) years and at all times while being employed as a registered apprentice 3 plumber by a duly licensed master plumber in this state for a period of two (2) years; or 4 (5) The application is accompanied by an affidavit or other reasonably satisfactory 5 evidence showing that the applicant possesses a certificate of license, issued under the laws of 6 another state, provided that the requirements are the same as the state specifying that person as a 7 journeyperson plumber. 8 (6) The records of the hours of on-the-job training and the hours of related instruction 9 completed as part of the registered apprenticeship program pursuant to § 28-45-9 should be 10 maintained in a mutually responsible manner, through a joint effort on the part of the master 11 plumber and the apprentice and provided as part of the application. 12 (7) The completed application is to be filed with the department at least fifteen (15) days 13 prior to the examination date. 14 5-20-17.1. Qualifications of journeyperson irrigator -- Application fee. 15 No application for a journeyperson’s license shall be filed at the department of labor and 16 training nor shall any applicant be permitted to take the examination for a license as a journeyperson 17 irrigator unless: 18 (1) The application is accompanied with the nonrefundable application fee of seventy-five 19 dollars ($75.00); and 20 (2) The applicant possesses a current apprentice certificate pursuant to § 28-45-13 for a 21 period of one year before application for journeyperson irrigator is made. 22 5-20-17.2. Qualifications of journeyperson water-filtration/treatment-system installer 23 -- Application fee. 24 No application for a journeyperson’s license shall be filed at the department of labor and 25 training nor shall any applicant be permitted to take the examination for a license as a journeyperson 26 water-filtration/treatment-system installer unless: 27 (1) The application is accompanied with the nonrefundable application fee of seventy-five 28 dollars ($75.00); and 29 (2) The applicant possesses a current apprentice certificate pursuant to § 28-45-13 for a 30 period of one year before application for journeyperson water-filtration/treatment-system installer 31 is made. 32 5-20-25. Registration of apprentices. 33 (a) Any person who has agreed to work a minimum of eight thousand (8,000) hours over a 34 LC004556 - Page 7 of 27 period of time of not less than five (5) years under the direct supervision and instruction of a master 1 plumber or journeyperson plumber as an apprentice to learn the plumbing business, and that 2 agreement is approved by the division of professional regulation, shall be registered by the director 3 of the department of labor and training and have issued to him or her a certificate showing that 4 person to be a registered apprentice pursuant to § 28-45-13. 5 (b) Any person who has agreed to work a minimum of two thousand (2,000) hours over a 6 period of time of not less than one year under the direct supervision and instruction of a master 7 irrigator or a journeyperson irrigator as an apprentice to learn the irrigation business, and that 8 agreement is approved by the division of professional regulation, shall be registered by the director 9 of the department of labor and training and have issued to him or her a certificate showing that 10 person to be a registered apprentice pursuant to § 28-45-13. 11 (c) Any person who has agreed to work a minimum of two thousand (2,000) hours over a 12 period of time of not less than one year, under the direct supervision and instruction of a master 13 water-filtration/treatment-system installer or a journeyperson water-filtration/treatment-system 14 installer, as an apprentice to learn the water-filtration/treatment business, and that agreement is 15 approved by the division of professional regulation, shall be registered by the director of the 16 department of labor and training and have issued to him or her a certificate showing that person to 17 be a registered apprentice pursuant to § 28-45-13. 18 SECTION 4. Chapter 5-20 of the General Laws entitled "Plumbers, Irrigators, and Water 19 System Installers" is hereby amended by adding thereto the following sections: 20 5-20-25.1. Apprentices -- Exam requirements. 21 To be eligible applicants for plumbing licensing exams, apprentices shall complete an 22 applicable registered apprenticeship program in Rhode Island. Apprentices shall provide transcripts 23 of completed related instruction and work record books from employer(s), or other reasonably 24 satisfactory evidence, to document completion of a registered apprenticeship program appropriate 25 to the license being applied for. 26 5-20-25.2. Credit for plumbing license exam. 27 (a) For licensing purposes, decisions by an apprenticeship sponsor to grant credit for prior 28 learning or experience pursuant §§ 28-45-9(2)(xii) or 28-45-9.2 shall also require the written 29 approval of the state board of plumbing examiners of the Rhode Island department of labor and 30 training. Apprentices may receive credit for one hundred forty-four (144) hours of classroom 31 training gained in a career and technical education program authorized by the board of education, 32 or a maximum of two hundred eighty-eight (288) hours of classroom training gained over two (2) 33 academic years (one hundred forty-four (144) hours per academic year), upon the successful 34 LC004556 - Page 8 of 27 completion of a course of study in a fully accredited trade school that has been approved by the 1 Rhode Island office of postsecondary commissioner and by the Rhode Island department of labor 2 and training apprenticeship council. 3 (b) For licensing purposes, on-the-job learning hours required as part of a registered 4 apprenticeship program by license type are as follows: 5 (1) At minimum, a plumbing apprenticeship program shall include eight thousand (8,000) 6 hours of on-the-job learning. 7 (2) At minimum, an irrigator apprenticeship program shall include two thousand (2,000) 8 hours of on-the-job learning. 9 (3) At minimum, a water filtration/treatment-system apprenticeship program shall include 10 two thousand (2,000) hours of on-the-job learning. 11 (4) All registered apprenticeship programs shall include one hundred forty-four (144) hours 12 of related instruction, including, but not limited to, classroom training, provided concurrently with 13 each two thousand (2,000) hours period of on-the-job learning. 14 SECTION 5. Section 5-70-5 of the General Laws in Chapter 5-70 entitled 15 "Telecommunications" is hereby amended to read as follows: 16 5-70-5. Form of license and registration. 17 Three (3) major forms of license shall be issued with the two (2) higher licenses carrying 18 certification for one or more of the four (4) category(s), as defined within this chapter, for which 19 qualified: 20 (1) Telecommunications system contractor. 21 (i) TSC license shall be issued to any person qualified under this chapter representing 22 themselves, individually, or a firm or corporation engaging in, or about to engage in, the business 23 of designing, installing, altering, servicing, and/or testing telecommunications systems. 24 (ii) Qualification shall be evidenced by passing the examination(s) for any or all of the 25 categories of telecommunications systems described in this chapter, and applicants who hold an 26 equivalent out-of-state license, as determined by this board, issued by another state shall be allowed 27 to take the Rhode Island form TSC license examination. Applicants for TSC license who hold no 28 equivalent form of TSC license issued in another state and show evidence of three (3) years of 29 verifiable and continuous contracting experience, immediately preceding the date of application 30 and are registered to conduct business in the state of Rhode Island, will be allowed to take the 31 Rhode Island form of TSC examination. Applicants who do not meet these qualifications shall have 32 been licensed as a Rhode Island telecommunication systems technician for a minimum of three (3) 33 consecutive years, immediately preceding the date of application, in order to qualify to take the 34 LC004556 - Page 9 of 27 TSC examination, and shall have been registered to conduct business in the state of Rhode Island. 1 (iii) The holding of a TSC license shall entitle the holder individually to contract for, 2 engage in, and/or perform the actual work of designing, installing the type(s) of 3 telecommunications systems for which they were granted certification. No individual shall be 4 required to hold more than one form of license. 5 (2) Telecommunications systems technician. 6 (i) TST license shall be issued to any person who passes the examination(s) as defined 7 within this chapter for any or all of the categories of telecommunications systems described in this 8 chapter. 9 (ii) The holding of a TST license shall entitle the holder individually to perform the actual 10 work of installing, altering, servicing, and/or testing the type(s) of telecommunications systems for 11 which they were granted certification. All the work performed shall be under the supervision of the 12 holder of a TSC license. 13 (3) Telecommunications system limited installer. 14 (i) TSLI license shall be issued to any person who passes the examination as defined within 15 this chapter and as described in this section. 16 (ii) The holding of a TSLI license shall entitle the holder to perform the actual work of 17 installation of wiring, low-voltage surface raceway, enclosures, and wiring devices directly 18 associated with a telecommunications system. Connection to, installation of, or servicing of 19 telecommunications devices shall only be performed under the direct supervision of a holder of a 20 TST or TSC license. 21 (4) Trainee/telecommunications apprentice. 22 (i) Registered trainees/telecommunications telecommunications apprentices pursuant to § 23 28-45-13 may be employed to perform the actual work of installation of wiring, low-voltage surface 24 raceway, enclosures, and wiring devices directly associated with a telecommunications system 25 under the direct supervision of a holder of a TST or TSC license. 26 (ii) Trainees/telecommunication apprentices shall be required to register with the licensing 27 authority Rhode Island department of labor and training subsequent to employment by a person, 28 firm, or corporation licensed as a TSC under this chapter; and prior to being permitted to perform 29 any actual installation work. 30 (iii) The registered trainees/telecommunications telecommunications apprentice shall not 31 be permitted to make connection to, install, or service telecommunications devices. No more than 32 two (2) registered trainees/telecommunications telecommunications apprentices can be directly 33 supervised by a single TSC or TST license holder. 34 LC004556 - Page 10 of 27 SECTION 6. Chapter 28-4 of the General Laws entitled "Indenture of Apprentices" is 1 hereby repealed in its entirety. 2 CHAPTER 28-4 3 Indenture of Apprentices 4 28-4-1. Power of minor to execute indenture. 5 Any minor being sixteen (16) years of age or over, or who, being under sixteen (16) years 6 of age, has a limited permit to work given him or her by or under the direction of the school 7 committee where the minor resides under the provisions of chapter 3 of this title, may, by execution 8 of an indenture, bind himself or herself as provided in this chapter, for a term of service of not less 9 than one year. 10 28-4-2. Parties to sign indenture. 11 Every indenture shall be signed: 12 (1) By the minor; 13 (2) By the parents, or either one of them, as the natural guardians or guardian of the minor; 14 or by the duly appointed legal guardian of the person, or of the person and estate of the minor, if 15 any; or by the person having the legal custody of the minor; 16 (3) By the employer. 17 28-4-3. Contents of indenture. 18 Every indenture shall contain: 19 (1) The names of the parties; 20 (2) The date of birth of the minor; 21 (3) A statement of the trade, craft, or business which the minor is to be taught; 22 (4) An agreement that a certificate shall be given to the apprentice at the conclusion of his 23 or her indenture, stating that he or she has completed the apprenticeship under the indenture. 24 28-4-4. Deeds in triplicate. 25 In every case there shall be three (3) deeds in the same form and tenor, executed by all 26 parties, one to be kept by each party. 27 28-4-5. Effect of indenture as against parties. 28 All indentures made in accordance with the provisions of §§ 28-4-1 — 28-4-4 shall be 29 good and effectual in law against all parties and the minor engaged by them, according to their 30 tenor, except as to any of their provisions that the court, in which any suit or controversy relating 31 to the articles of indenture may be heard, shall determine to be unjust or unreasonable. 32 28-4-6. Petition or complaint for breach of indenture — Summons. 33 Whenever a petition or complaint in writing and under oath is made to any judge of the 34 LC004556 - Page 11 of 27 district court that any master or apprentice, within a division where the court is situated, has 1 willfully neglected or refused to comply with or perform the terms and provisions of any indenture, 2 the judge, if satisfied that there is a reasonable cause for the petition or complaint, shall issue a 3 summons requiring the master or apprentice to appear before the court at a time and place named 4 in the summons to answer relative to the petition or complaint. The petitioner or complainant shall 5 cause the summons to be served by some officer qualified to serve civil process upon the person 6 complained of at least six (6) days before the time set for appearance and hearing by reading the 7 summons to the person to be served, or by leaving an attested copy of it with the person to be served 8 in his or her hands and possession, or at his or her last and usual place of abode with some person 9 living there, or if the person to be served is a corporation, then, by leaving an attested copy of the 10 summons with some officer of the corporation or at the office of the corporation with some person 11 employed there. 12 28-4-7. Determination of petition or complaint — Enforcement of order. 13 Upon the hearing of a petition or complaint, the court may determine the controversy or 14 matter complained of in a summary way, and discharge either party from the indenture and contract 15 of apprenticeship, and may make any further order in the premises that the case may require and 16 seems proper to the court. Any neglect or failure of any person, against whom any order is made, 17 to do, perform, or comply with the order shall be contempt of court, and the court may enforce its 18 order by proceedings for contempt. 19 SECTION 7. Sections 28-27-4.1, 28-27-4.2, 28-27-4.3, 28-27-5.1, 28-27-5.2, 28-27-11, 20 28-27-17 and 28-27-18 of the General Laws in Chapter 28-27 entitled "Mechanical Trades" are 21 hereby amended to read as follows: 22 28-27-4.1. “Journeyperson refrigeration technician” defined. 23 “Journeyperson refrigeration technician” means any person who has completed a five-year 24 (5) apprentice an appropriate ten thousand (10,000) hour registered apprenticeship program in 25 accordance with chapter 45 of title 28, and/or and has passed a refrigeration technician examination 26 and who by him or herself does work in refrigeration/air conditioning subject to provisions of this 27 chapter and the rules, regulations, and licensing criteria promulgated hereunder. 28 28-27-4.2. “Journeyperson pipefitter,” “journeyperson sheet metal worker,” and 29 “journeyperson sprinkler fitter” defined. 30 (a) “Journeyperson pipefitter” means any person who has completed a five-year (5) 31 apprentice an appropriate ten thousand (10,000) hour registered apprenticeship program in 32 accordance with chapter 45 of title 28, and/or and has passed a journeyperson examination and who 33 by himself or herself does work on pipefitting systems subject to provisions of this chapter. The 34 LC004556 - Page 12 of 27 rules, regulations, and licensing criteria guide promulgated under this chapter referencing Class II 1 limited journeyperson licenses shall require completion of an accepted formal technical program 2 approved by the department of labor and training. 3 (b) “Journeyperson sheet metal worker” means any person who has completed a four-year 4 (4) an appropriate eight thousand (8,000) hour registered apprentice apprenticeship program in 5 accordance with chapter 45 of title 28, and/or and has passed a journeyperson sheet metal worker 6 examination and who by him or herself does sheet metal work subject to provisions of this chapter 7 and the rules, regulations, and licensing criteria promulgated under this chapter. 8 (c) “Journeyperson sprinkler fitter” means any person who has completed a four-year (4) 9 an appropriate eight thousand (8,000) hour registered apprentice apprenticeship program in 10 accordance with chapter 45 of title 28, and/or and has passed a journeyperson sprinkler fitter 11 examination and who by him or herself does work in fire protection sprinkler systems subject to 12 provisions of this chapter and the rules, regulations, and licensing criteria promulgated under this 13 chapter. 14 28-27-4.3. “Journeyperson sheet metal worker apprentice,” “journeyperson 15 sprinkler fitter apprentice,” “pipefitter apprentice,” and “refrigeration/air conditioning 16 apprentice” defined -- Duration of apprentice programs "Sheet metal worker apprentice," 17 "sprinkler fitter apprentice," "pipefitter apprentice," and "refrigerator/air conditioning 18 apprentice" defined -- Duration of apprentice programs. 19 (a) “Journeyperson sheet Sheet metal worker apprentice” means any person at least 20 eighteen (18) years of age who is learning or working at the businesses of sheet metal work under 21 the direct supervision of a sheet metal contractor or journeyperson sheet metal worker under a 22 registered state sanctioned apprentice program as a registered apprentice in an appropriate 23 apprenticeship program registered in accordance with chapter 45 of title 28. 24 (b) “Journeyperson sprinkler Sprinkler fitter apprentice” means any person at least eighteen 25 (18) years of age who is learning or working at the business of fire protection sprinkler systems 26 under the direct supervision of a master or journeyperson sprinkler fitter under a registered state 27 sanctioned apprentice program as a registered apprentice in an appropriate apprenticeship program 28 registered in accordance with chapter 45 of title 28. 29 (c) “Pipefitter apprentice” means any person at least eighteen (18) years of age who is 30 learning or working at the business of pipefitting under a registered state sanctioned apprentice 31 program as a registered apprentice in an appropriate apprenticeship program registered in 32 accordance with chapter 45 of title 28. 33 (d) Pipefitter, refrigeration, sprinkler fitter, and sheet metal worker apprentice programs 34 LC004556 - Page 13 of 27 are of a five-year (5) duration, except as detailed in § 28-27-4.2, for all Class II limited licenses. 1 (e) “Refrigeration/air conditioning apprentice” means any person at least eighteen (18) 2 years of age who is learning and working at the business of refrigeration/air conditioning under the 3 direct supervision of a refrigeration/air conditioning master or journeyperson under a registered 4 state sanctioned apprentice program as a registered apprentice in an appropriate apprenticeship 5 program registered in accordance with chapter 45 of title 28. 6 28-27-5.1. Practices for which a journeyperson or apprentice license required. 7 (a) No person shall engage to work as a pipefitter, refrigeration/air conditioning, or 8 sprinkler fitter journeyperson or apprentice, or journeyperson sheet metal worker or apprentice, or 9 shall advertise or represent in any form or matter that he or she is a journeyperson or apprentice, 10 unless that person possesses and carries on his or her person at all times while so engaged a valid 11 license issued by the department of labor and training qualifying that person as a journeyperson or 12 registered apprentice pursuant to § 28-45-13. 13 (b) A person holding a valid license under this chapter shall not be required to obtain an 14 additional license under this chapter to perform sheet metal work when AC air handling equipment 15 is ten (10) tons or less or when heating equipment does not exceed 250,000 BTUs. 16 (c) A holder of a journeyperson license shall only be entitled to work as an employee of 17 the properly licensed master permit holder in accordance with this chapter. 18 28-27-5.2. Issuance of P.J.F. journeyperson oil burnerperson’s license. 19 (a) Any person who has previously qualified for the electrician’s F certificate and the P.J.F. 20 II limited to oil individually, and presently holds both licenses, may convert to the single P.J.F. 21 limited journeyperson II oil burnerperson’s license by application to the division on an approved 22 application and with payment of the applicable fee as detailed in this section. This licensee cannot 23 be self-employed and is limited to domestic oil burner service work, burner, tank, and oil line 24 installation. Persons seeking an initial P.J.F. limited journeyperson II oil burner license must show 25 proof of completion of a trade sponsored program or a trade related program offered by a 26 recognized college. All programs must have prior approval of the department of labor and training 27 before licenses are issued. 28 (b) The person seeking P.J.F. licensing must be employed by a master pipefitting contractor 29 class II as detailed under § 28-27-4. 30 (c) The above provisions are similar for most limited licenses under this chapter. 31 (d) Fees shall be as follows: 32 (1) Apprenticeship fee is thirty dollars ($30.00) with birth-month licensing; 33 (2) License fee is seventy-two dollars ($72.00) with birth-month licensing; 34 LC004556 - Page 14 of 27 (3) Renewal fee is seventy-two dollars ($72.00) with birth-month licensing; 1 (e) The fees collected shall be deposited as general revenues. 2 28-27-11. Journeyperson license -- Test fees -- License fees and qualifications --Filing 3 deadline for journeyperson. 4 (a) No application for a journeyperson’s test shall be filed by the department nor shall any 5 applicant be permitted to take the examination for a license as a journeyperson unless: 6 (1) The test application is accompanied by a test fee as outlined in § 28-27-17; 7 (2) Upon passing of a journeyperson test, payment of a license fee as outlined in § 28-27- 8 17 is required and the journeyperson license will be issued as provided in § 28-27-15; and 9 (3) The applicant has possessed for at least five (5) years prior to the filing of the 10 application a certificate of registration in full force and effect from the department of labor and 11 training specifying the person as a registered apprentice pursuant to § 28-45-13, and the application 12 of an applicant: 13 (i) Is accompanied by an affidavit or affidavits of his or her employer or former employers 14 or other reasonably satisfactory evidence showing that the applicant has been actually engaged in 15 pipefitting or refrigeration/air conditioning, sheet metal or fire protection sprinkler systems work 16 as an apprentice registered for at least ten thousand (10,000) hours in the state of Rhode Island 17 during those five (5) years; 18 (ii) Is accompanied by an affidavit or other reasonably satisfactory evidence showing that 19 the applicant has been registered as a student in a recognized college, university, or trade school 20 and has pursued a course of pipefitting or refrigeration/air conditioning, sheet metal or fire 21 protection sprinkler systems for at least two (2) academic years or is the recipient of an associate 22 degree in pipefitting or refrigeration/air conditioning or fire protection sprinkler systems, and has 23 thereafter been registered by the department of labor and training as an apprentice for at least three 24 (3) years and employed as a registered apprentice by a duly licensed pipefitter or refrigeration/air 25 conditioning or fire protection sprinkler systems master or sheet metal contractors in this state for 26 a period of three (3) years; or 27 (iii) Is accompanied by an affidavit or other reasonably satisfactory evidence showing that 28 the applicant possesses a certificate of license issued under the laws of another state specifying that 29 person as a journeyperson; and 30 (4) The licensing authority may grant an exemption to the requirements of subsection (a)(3) 31 on the basis of past experience. 32 (b) The test application is to be filed with the department at least fifteen (15) days prior to 33 the examination date. 34 LC004556 - Page 15 of 27 28-27-17. Test fees — License fees — Expiration and renewal of licenses. 1 (a) All licenses issued to the pipefitters/refrigeration technicians and fire protection 2 sprinkler contractor/sprinkler fitters and sheet metal contractor or journeyperson sheet metal worker 3 detailed in this section shall be paid for as follows: 4 TEST LICENSE RENEWAL 5 Master Mechanical Contractor -- 480.00 480.00 6 Contractor Master 75.00 240.00 240.00 7 Pipefitter Master I 75.00 240.00 240.00 8 Pipefitter Master II 75.00 96.00 96.00 9 Refrigeration Master I 75.00 240.00 240.00 10 Refrigeration Master II 75.00 96.00 96.00 11 Pipefitter Journeyperson I 75.00 72.00 72.00 12 Pipefitter Journeyperson II 75.00 60.00 60.00 13 Refrigeration Journeyperson I 75.00 72.00 72.00 14 Refrigeration Journeyperson II 75.00 60.00 60.00 15 Apprentices (annual fee) -- 24.00 24.00 16 Fire Protection Sprinkler 17 Fitters Master I 75.00 240.00 240.00 18 Fire Protection Sprinkler 19 Fitters Journeyperson I 75.00 72.00 72.00 20 Sheet Metal Contractor 75.00 240.00 240.00 21 Sheet Metal Worker 22 Journeyperson 75.00 72.00 72.00 23 (b) Apprenticeship renewal fees shall be paid on an annual basis. 24 (c) Every license issued by the division of professional regulation to license holders born 25 in odd years shall expire on the birthday of the individual qualifying for the license in odd years 26 and all licenses issued by the division of professional regulation to license holders born in even 27 years shall expire on the birthday of the individual qualifying for the license in even years and all 28 licenses may be renewed on or before their expiration date, upon payment of the appropriate fee. 29 If any credit is due in the initial changeover year the amount of credit shall be determined by the 30 chief administrator of the division. 31 28-27-18. Registration of apprentices. 32 (a) Any person who has agreed to work under the supervision of a licensed pipefitter, 33 refrigeration/air conditioning, sprinkler fitter, or sheet metal master under a state-sanctioned an 34 LC004556 - Page 16 of 27 apprenticeship program shall be registered by the director of labor and training and registered with 1 the Rhode Island department of labor and training shall be issued a certificate of apprenticeship 2 pursuant to § 28-45-13. 3 (b) The minimum formal training period for a P.J.F. limited class II license shall be one 4 hundred sixty (160) hours of classroom and/or laboratory technical training, approved by the 5 department of labor and training. The fee schedules for the P.J.F. limited license are detailed in § 6 28-27-5.2. All other sections of this chapter shall remain in full force and effect. 7 SECTION 8. Chapter 28-27 of the General Laws entitled "Mechanical Trades" is hereby 8 amended by adding thereto the following sections: 9 28-27-18.1. Apprentices -- Exam requirements. 10 To be eligible applicants for mechanical licensing exams, apprentices shall complete an 11 applicable registered apprenticeship program in Rhode Island. Apprentices shall provide transcripts 12 of completed related instruction and work record books from employer(s), or other reasonably 13 satisfactory evidence, to document completion of a registered apprenticeship program appropriate 14 to the license being applied for. 15 28-27-18.2. Credit for mechanical license exams. 16 (a) For licensing purposes, decisions by an apprenticeship sponsor to grant credit for prior 17 learning or experience pursuant to §§ 28-45-9(2)(xii) or 28-45-9.2 shall also require the written 18 approval of the state mechanical board of the Rhode Island department of labor and training. 19 Registered apprentices may receive credit for one hundred forty-four (144) hours of classroom 20 training gained in a career and technical education program authorized by the board of education, 21 or a maximum of two hundred eighty-eight (288) hours of classroom training gained over two (2) 22 academic years (one hundred forty-four (144) hours per academic year), upon the successful 23 completion of a course of study in a fully accredited trade school that has been approved by the 24 Rhode Island office of postsecondary commissioner and by the Rhode Island department of labor 25 and training apprenticeship council. 26 (b) For licensing purposes, on-the-job learning hours required as part of a registered 27 apprenticeship program by license type are as follows: 28 (1) At minimum, a pipefitter I apprenticeship program shall include ten thousand (10,000) 29 hours of on-the-job learning. 30 (2) At minimum, a pipefitter II apprenticeship program shall include four thousand (4,000) 31 hours of on-the-job learning. 32 (3) At minimum, a refrigeration I apprenticeship program shall include ten thousand 33 (10,000) hours of on-the-job learning. 34 LC004556 - Page 17 of 27 (4) At minimum, a refrigeration II apprenticeship program shall include four thousand 1 (4,000) hours of on-the-job learning. 2 (5) At minimum, a sprinkler fitter/fire protection apprenticeship program shall include ten 3 thousand (10,000) hours of on-the-job learning. 4 (6) At minimum, a sheet metal worker I apprenticeship program shall include eight 5 thousand (8,000) hours of on-the-job learning. 6 (7) At minimum, a sheet metal worker II apprenticeship program shall include four 7 thousand (4,000) hours of on-the-job learning. 8 (8) All registered apprenticeship programs shall include one hundred forty-four (144) hours 9 of related instruction, including, but not limited to, classroom training, provided concurrently with 10 each two thousand (2,000) hours period of on-the-job learning. 11 SECTION 9. Sections 28-45-1, 28-45-3, 28-45-9, 28-45-10, 28-45-13, 28-45-14 and 28- 12 45-16 of the General Laws in Chapter 28-45 entitled "Apprenticeship Programs in Trade and 13 Industry" are hereby amended to read as follows: 14 28-45-1. Purposes. 15 The purposes of this chapter are: 16 (1) To encourage employers, associations of employers, and organizations of employees to 17 voluntarily establish apprenticeship programs and the making of apprenticeship agreements; 18 (2) To create opportunities for young people to obtain employment and adequate training 19 in trades and industry with parallel instructions in related and supplementary education under 20 conditions that will equip them for profitable employment and citizenship; 21 (3) To cooperate with the promotion and development of apprenticeship programs and 22 systems in other states and with the federal committee on apprenticeship appointed under 29 U.S.C. 23 § 50 et seq.; and 24 (4) To provide for the registration and approval of apprenticeship programs and 25 apprenticeship agreements and for the issuance of state certificates of completion of apprenticeship. 26 28-45-3. Powers and duties. 27 (a) The department of labor and training is the agency with responsibility and 28 accountability for apprenticeship within Rhode Island for federal purposes. The state 29 apprenticeship council shall be a regulatory council and part of the department of labor and training. 30 The council shall promulgate regulations consistent with 29 C.F.R. Parts 29 and 30 at the direction 31 of the director of the department of labor and training and shall provide advice and guidance to the 32 director of the department of labor and training on the operation of the Rhode Island apprenticeship 33 program system. Enforcement of apprenticeship rules and regulations shall be the duty of the 34 LC004556 - Page 18 of 27 director of the department of labor and training. In addition, the council shall: 1 (1) Adopt rules and regulations to ensure equality of opportunity in apprenticeship 2 programs pursuant to the Rhode Island state plan for equal opportunity in apprenticeship; 3 (2) Establish trade, craft, manufacturing, or industrial standards for apprenticeship or 4 training agreements in cooperation with a joint employer and employee groups in conformity with 5 29 C.F.R. § 29.5; 6 (3) Establish program performance standards in conformity with 29 C.F.R. § 29.6; 7 (4) Hold at least four (4) regular public meetings each year; any additional meetings 8 considered necessary shall be held at the call of the chairperson, or at the written request of a 9 majority of the members of the council; 10 (5) Formulate and publish rules of procedure for the function of local, regional, and state 11 joint apprenticeship committees and for the filling of vacancies on those committees; 12 (6) Adopt rules and regulations concerning the following: 13 (i) The contents of apprenticeship agreements in conformity with 29 C.F.R. § 29.7; 14 (ii) Criteria for apprenticeable occupations as provided by 29 C.F.R. § 29.4; 15 (iii) Reciprocal approval for federal purposes to apprentices, apprenticeship programs, and 16 standards that are registered in other states by the United States Department of Labor or another 17 state apprenticeship program recognized by the United States Department of Labor if such 18 reciprocity is requested by the apprenticeship program sponsor; 19 (iv) The cancellation or deregistration of programs, and for temporary suspension, 20 cancellation, or deregistration of apprenticeship agreements as provided in 29 C.F.R. §§ 29.8 and 21 29.9; 22 (v) The standards of apprenticeship, program performance standards, apprenticeship 23 agreements, deregistration of registered apprenticeship programs, reinstatement of apprenticeship 24 programs, and reciprocal approval recognition of apprentices from other states. 25 (b) The department of labor and training in accord with its regulations and this chapter 26 shall: 27 (1) Encourage the promotion, expansion, and improvement of programs of apprenticeship 28 training and pre-apprenticeship and the making of apprenticeship agreements; 29 (2) Bring about the settlement of differences arising out of an apprenticeship agreement 30 when those differences cannot be adjusted locally or in accordance with established trade 31 procedure; 32 (3) Supervise the execution of agreements and maintenance of standards; 33 (4) Register or terminate or cancel the registration of apprenticeship programs and 34 LC004556 - Page 19 of 27 apprenticeship agreements; 1 (5) Issue certificates of completion of apprenticeship; 2 (6) Keep a record of apprenticeship programs and apprentice agreements and their 3 disposition; 4 (7) Render any assistance and submit any information and data that may be requested by 5 employers, employees, and joint apprenticeship committees engaged in the formulation and 6 operation of programs of apprenticeship, particularly in regard to work schedules, wages, 7 conditions of employment, apprenticeship records, and number of apprentices; 8 (8) Adopt rules and regulations to insure nondiscrimination in all phases of apprenticeship 9 and employment during apprenticeship; 10 (9) Register trade, craft, manufacturing, or industrial standards for apprenticeship or 11 training agreements in cooperation with joint employer and employee groups and in conformity 12 with this chapter, or approve and register trade, craft, manufacturing, or industrial standards for 13 agreements submitted that are in conformity with this chapter, and disapprove those standards or 14 agreements submitted that are not in conformity with this chapter, to the extent deemed appropriate; 15 (10) Establish committees and approve nominations to existing committees that are 16 submitted in conformity with this chapter; 17 (11) Terminate registration of committees for failure of the committee to abide by the 18 provisions of this chapter; and 19 (12) Perform any other duties that are described and imposed by this chapter. 20 28-45-9. Standards of apprenticeship programs. 21 An apprenticeship program, to be eligible for approval and registration with the department 22 of labor and training, shall conform to regulations issued by the department of labor and training 23 and 29 C.F.R. Part 29 and 29 C.F.R. Part 30 and shall conform to the following standards: 24 (1) The program is an organized, written plan embodying the terms and conditions of 25 employment, training, and supervision of one or more apprentices in the apprenticeable occupation, 26 as defined in this chapter and subscribed to by a sponsor who has undertaken to carry out the 27 apprentice training program. 28 (2) The program standards contain the equal opportunity pledge prescribed in in 29 C.F.R 29 § 30.3(b) 29 C.F.R § 30.3(c) and, when applicable, an affirmative action plan in accordance with 30 29 C.F.R. § 30.4, a selection method authorized in 29 C.F.R § 30.5 29 C.F.R § 30.10, or similar 31 requirements expressed in a state plan for equal employment opportunity in apprenticeship adopted 32 pursuant to 29 C.F.R. Part 30 and approved by the United States Department of Labor, and 33 provisions concerning the following: 34 LC004556 - Page 20 of 27 (i) The employment and training of the apprentice in a skilled occupation; 1 (ii) A term of apprenticeship not less than two thousand (2,000) hours of work experience, 2 consistent with training requirements as established by industry practice, which for an individual 3 apprentice may be measured either through the completion of the industry standard for on-the-job 4 learning (at least two thousand (2,000) hours) (time-based approach), the attainment of competency 5 (competency-based approach), or a blend of the time-based and competency-based approaches 6 (hybrid approach): 7 (A) The time-based approach measures skill acquisition through the individual apprentice’s 8 completion of at least two thousand (2,000) hours of on-the-job learning as described in a work 9 process schedule; 10 (B) The competency-based approach measures skill acquisition through the individual 11 apprentice’s successful demonstration of acquired skills and knowledge, as verified by the program 12 sponsor. Programs utilizing this approach must still require apprentices to complete an on-the-job 13 learning component of registered apprenticeship. The program standards must address how on-the- 14 job learning will be integrated into the program, describe competencies, and identify an appropriate 15 means of testing and evaluation for such competencies; 16 (C) The hybrid approach measures the individual apprentice’s skill acquisition through a 17 combination of specified minimum number of hours of on-the-job learning and the successful 18 demonstration of competency as described in a work process schedule; and 19 (D) The determination of the appropriate approach for the program standards is made by 20 the program sponsor, subject to approval by the registration agency of the determination as 21 appropriate to the apprenticeable occupation for which the program standards are registered; 22 (iii) An outline of the work processes in which the apprentice will receive supervised work 23 experience and training on the job, and the allocation of the approximate time to be spent in each 24 major process; 25 (iv) Provision for organized, related, and supplemental instruction in technical subjects 26 related to the trade. A minimum of one hundred forty-four (144) hours for each year of 27 apprenticeship is recommended. This instruction in technical subjects may be accomplished 28 through media, such as classroom, occupational or industry courses, electronic media, or other 29 instruction approved by the department of labor and training; every apprenticeship instructor must: 30 (A) Meet the Rhode Island department of elementary and secondary education 31 requirements for a vocational-technical instructor, or be a subject matter expert, which is an 32 individual, such as a journey worker, who is recognized within an industry as having expertise in a 33 specific occupation; and 34 LC004556 - Page 21 of 27 (B) Have training in teaching techniques and adult learning styles, which may occur before 1 or after the apprenticeship instructor has started to provide the related technical instruction; 2 (v) A statement of the progressively increasing scale of wages to be paid the apprentice 3 consistent with the skill acquired, the entry wage to be not less than the minimum wage prescribed 4 by the federal and state labor standards act, where applicable, unless a higher wage is required by 5 other applicable federal law, state law, respective regulations, or by collective bargaining 6 agreement; 7 (vi) A provision for periodic review and evaluation of the apprentice’s progress in job 8 performance and related instruction, and the maintenance of appropriate progress records; 9 (vii) The numeric ratio of apprentices to journeypersons consistent with proper supervision, 10 training, safety, and continuity of employment, and applicable provisions in collective bargaining 11 agreements, except where the ratios are expressly prohibited by the collective bargaining 12 agreement. The ratio language shall be specific and clear as to application in terms of jobsite, work 13 force, department, or plant; 14 (viii) A probationary period reasonable in relation to the full apprenticeship term, with full 15 credit given for the period toward completion of apprenticeship; the probationary period shall not 16 exceed twenty-five percent (25%) of the length of the program or one year, whichever is shorter; 17 (ix) Adequate and safe equipment and facilities for training and supervision, and safety 18 training for apprentices on the job and in related instruction; 19 (x) The minimum qualifications required by a sponsor for persons entering the 20 apprenticeship program, with an eligible starting age not less than sixteen (16) years; 21 (xi) The placement of an apprentice under a written apprenticeship agreement that 22 conforms to the requirements of this chapter. The agreement shall directly, or by reference, 23 incorporate the standards of the program as part of the agreement; 24 (xii) The granting of advanced standing or credit for demonstrated competency, previously 25 acquired experience, training, or skills for all applicants equally, with commensurate wages for any 26 progression step so granted; 27 (xiii) The transfer of an apprentice between apprenticeship programs and within an 28 apprenticeship program must be based on agreement between the apprentice and the affected 29 apprenticeship committees or program sponsors, and must comply with the following requirements: 30 (A) The transferring apprentice must be provided a transcript of related instruction and on- 31 the-job learning by the committee or program sponsor; 32 (B) Transfer must be to the same occupation; and 33 (C) A new apprenticeship agreement must be executed when the transfer occurs between 34 LC004556 - Page 22 of 27 program sponsors; 1 (xiv) Assurance of qualified training personnel and adequate supervision on the job; 2 (xv) Recognition for successful completion of apprenticeship evidenced by an appropriate 3 certificate issued by the department of labor and training; 4 (xvi) Program standards that utilize the competency-based or hybrid approach for 5 progression through an apprenticeship and that choose to issue interim credentials must clearly 6 identify the interim credentials; demonstrate how these credentials link to the components of the 7 apprenticeable occupation; and establish the process for assessing an individual apprentice’s 8 demonstration of competency associated with the particular interim credential; further, interim 9 credentials must only be issued for recognized components of an apprenticeable occupation, 10 thereby linking interim credentials specifically to the knowledge, skills, and abilities associated 11 with those components of the apprenticeable occupation; 12 (xvii) Identification of the department of labor and training as the registration agency; 13 (xviii) Provision for the registration, cancellation, and deregistration of the program, and 14 requirement for the prompt submission of any modification or amendment to the department of 15 labor and training for approval; 16 (xix) Provision for registration of apprenticeship agreements, modifications, and 17 amendments; notice to the department of labor and training of persons who have successfully 18 completed apprenticeship programs; and notice of transfers, cancellations, suspensions, and 19 terminations of apprenticeship agreements and a statement of the reasons therefor; 20 (xx) Authority for the cancellation of an apprenticeship agreement during the probationary 21 period by either party without stated cause. Cancellation during the probationary period will not 22 have an adverse impact on the sponsor’s completion rate; 23 (xxi) Compliance with 29 C.F.R. Part 30, including the equal opportunity pledge prescribed 24 in 29 C.F.R. § 30.3(b); an affirmative action plan complying with 29 C.F.R. § 30.4; and a method 25 for the selection of apprentices authorized by 29 C.F.R § 30.5, or compliance with parallel 26 requirements contained in a state plan for equal opportunity in apprenticeship adopted under 29 27 C.F.R. Part 30 and approved by the department. The apprenticeship standards must also include a 28 statement that the program will be conducted, operated, and administered in conformity with 29 applicable provisions of 29 C.F.R. Part 30, as amended, or if applicable, an approved state plan for 30 equal opportunity in apprenticeship; 31 (xxii) Name and address, telephone number, and e-mail address (if applicable) of the 32 appropriate authority under the program to receive, process, and make disposition of complaints; 33 (xxiii) Recording and maintenance of all records concerning apprenticeship as may be 34 LC004556 - Page 23 of 27 required by the office of apprenticeship or the department of labor and training and other applicable 1 law. 2 28-45-10. Definitions. 3 For the purposes of this chapter: 4 (1) “Apprenticeable occupation” is an occupation which possesses all of the following 5 characteristics: 6 (i) It is customarily learned in a practical way through a structured, systematic program of 7 on-the-job supervised learning. 8 (ii) It is clearly identified and commonly recognized throughout an industry. 9 (iii) It involves the progressive attainment of manual, mechanical, or technical skills and 10 knowledge, which is in accordance with the industry standard for the occupation, that requires the 11 completion of at least a minimum of two thousand (2,000) hours of on-the-job learning to attain 12 experience. 13 (iv) It requires related instruction to supplement the on-the-job learning. 14 (2) “Apprenticeship agreement” means a written agreement complying with 29 C.F.R. § 15 29.7 between an apprentice and either the apprenticeship program sponsor, or an apprenticeship 16 committee acting as agent for the program sponsor(s), that contains the terms and conditions of the 17 employment and training of the apprentice. 18 (3) “Council” means the apprenticeship council as established by § 28-45-2. 19 (4) “OA” means office of apprenticeship, United States Department of Labor. 20 (5) “Secretary” means Secretary of the United States Department of Labor. 21 28-45-13. Standards of apprenticeship agreements. 22 All apprenticeship agreements submitted for approval and registration with the department 23 of labor and training shall contain explicitly or by reference standards adopted by the council, 24 including: 25 (1) Names and signatures of the contracting parties (apprentice and the program sponsor 26 or employer), and the signature of a parent or guardian if the apprentice is a minor. 27 (2) The date of birth of the apprentice and on a voluntary basis the social security number 28 of the apprentice. 29 (3) Name and address of the program sponsor and the registration agency. 30 (4) A statement of the occupation, trade, or craft in which the apprentice is to be trained, 31 and the beginning date and term (duration) of apprenticeship. 32 (5) A statement showing: 33 (i) The number of hours to be spent by the apprentice in work on the job in a time-based 34 LC004556 - Page 24 of 27 program or a description of the skill sets to be attained by completion of a competency-based 1 program, including the on-the-job learning component; or the minimum number of hours to be 2 spent by the apprentice and a description of the skill sets to be attained by completion of a hybrid 3 program. 4 (ii) The number of hours to be spent in related and supplemental instruction in technical 5 subjects related to the occupation which is recommended to be not less than one hundred forty-four 6 (144) hours per year. 7 (6) A statement setting forth a schedule of the work processes in the occupation or industry 8 divisions in which the apprentice is to be trained and the approximate time to be spent at each 9 process. 10 (7) A statement of the graduated scale of wages to be paid the apprentice and whether or 11 not the required related instruction shall be compensated. 12 (8) Statements providing: 13 (i) For a specific period of probation during which time the apprenticeship agreement may 14 be terminated by either party to the agreement upon written notice to the department of labor and 15 training, without adverse impact on the sponsor; and 16 (ii) That, after the probationary period, the agreement may be canceled at the request of the 17 apprentice, or may be suspended, or terminated by the sponsor, for good cause, with due notice to 18 the apprentice and a reasonable opportunity for corrective action, and with written notice to the 19 apprentice and to the department of labor and training of the final action taken. 20 (9) A reference incorporating as part of the agreement the standards of the apprenticeship 21 program as it exists on the date of the agreement and as it may be amended during the period of the 22 agreement. 23 (10) A statement that the apprentice will be accorded equal opportunity in all phases of 24 apprenticeship employment, and training, without discrimination because of race, color, religion, 25 national origin, or sex, sexual orientation, gender identity or expression, disability, age, or country 26 of ancestral origin, as set forth in § 28-5-5. 27 (11) Name and address, phone telephone number, and e-mail address (if applicable) of the 28 appropriate authority, if any, designated under the program to receive, process, and make 29 disposition of controversies or differences arising out of the apprenticeship agreement when the 30 controversies or differences cannot be adjusted locally or resolved in accordance with the 31 established procedure or applicable collective bargaining provisions. 32 28-45-14. State EEO plan. 33 The state apprenticeship program system shall operate in conformance with the state law, 34 LC004556 - Page 25 of 27 including the equal employment opportunity standards and regulations plan for equal employment 1 opportunity in registered apprenticeship programs as adopted by the Rhode Island department of 2 labor and training. 3 28-45-16. Reciprocity. 4 (a) When a sponsor of an a registered apprenticeship program registered and operating in 5 a neighboring state requests registration reciprocal recognition from the department of labor and 6 training to train apprentices for work projects in this state, the sponsor shall be granted registration 7 recognition, providing the sponsor conforms with the regulations and standards of the state of 8 Rhode Island for the occupation. 9 (b) An apprentice registered in an approved registered apprenticeship program in a 10 neighboring state will be awarded certification of registration for state purposes upon request and 11 on the condition that the neighboring state’s sponsorship program is registered with the appropriate 12 state apprentice agency. 13 (c) The department of labor and training shall have the authority to expand or limit the 14 number of states that are subject to the provisions of subsection (a) by regulation through the 15 promulgation of rules and regulations. 16 (d) The department of labor and training shall accord reciprocal approval for federal 17 purposes to apprentices, apprenticeship programs, and standards that are registered in other states 18 by the United States Department of Labor by another registration agency as defined in 29 C.F.R. § 19 29.2 or a registration agency recognized by the United States Department of Labor or a registration 20 agency recognized by the United States Department of Labor if the reciprocity is requested by the 21 apprenticeship program sponsor. Program sponsors seeking reciprocal approval must meet Rhode 22 Island wage and hour provisions and apprentice ratio standards. 23 SECTION 10. Section 28-45-18 of the General Laws in Chapter 28-45 entitled 24 "Apprenticeship Programs in Trade and Industry" is hereby repealed. 25 28-45-18. Vocational school training. 26 (a) The council on elementary and secondary education may authorize vocational schools 27 to provide apprenticeship classroom training to students subject to the approval of the Rhode Island 28 department of labor and training. 29 (b) In the event the council authorizes state-certified apprenticeship training under 30 subsection (a), and a student successfully completes the vocational school program, then the student 31 shall receive apprentice credit, to be applied against a state-certified apprenticeship program 32 requirement set forth by the state apprenticeship council pursuant to § 28-45-13, for one hundred 33 forty-four (144) hours of apprenticeship classroom training. 34 LC004556 - Page 26 of 27 SECTION 11. This act shall take effect upon passage. 1 ======== LC004556 ======== LC004556 - Page 27 of 27 EXPLANATION BY THE LEGISLATIVE COUNCIL OF A N A C T RELATING TO BUSINESSES AND PROFESSIONS -- ELECTRICIANS *** This act comprehensively amends the state’s apprenticeship laws to make them more 1 consistent with applicable federal regulations and makes said laws more comprehendible and 2 consistent with each other. 3 This act would take effect upon passage. 4 ======== LC004556 ========

2024 -- H 7456 SUBSTITUTE A ======== LC004556/SUB A ======== S T A T E O F R H O D E I S L A N D IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 2024 ____________ A N A C T RELATING TO BUSINESSES AND PROFESSIONS -- ELECTRICIANS Introduced By: Representatives Slater, Diaz, Edwards, and O'Brien Date Introduced: February 02, 2024 Referred To: House Labor It is enacted by the General Assembly as follows: SECTION 1. Sections 5-6-24 and 5-6-24.1 of the General Laws in Chapter 5-6 entitled 1 "Electricians" are hereby amended to read as follows: 2 5-6-24. Apprentices — Registration. 3 (a) This chapter does not forbid the employment of one properly limited-registered 4 registered apprentice electrician working with and under the direct personal supervision of a an 5 appropriately licensed journeyperson electrician. Additionally, this chapter does not forbid the 6 employment of: (1) One properly registered apprentice burnerperson working with and under the 7 direct personal supervision of a licensed burnerperson; (2) One properly registered apprentice fire 8 alarm installer working with and under the direct personal supervision of a licensed fire alarm 9 installer; (3) Two (2) properly registered apprentice electrical sign installers working with and 10 under the direct personal supervision of a licensed electrical sign installer; (4) One properly 11 registered apprentice maintenance electrician working with and under the direct personal 12 supervision of a valid Class C or Class D Class M license holder; or (5) One properly registered 13 apprentice lightning-protection installer working with and under the direct personal supervision of 14 a licensed lightning-protection installer (LPI). Apprentices are required to register with the division 15 of professional regulation immediately upon employment with a properly licensed electrical 16 contractor or lightning-protection contractor. 17 (b) Indentured Registered apprentice electricians are required to work a minimum of eight 18 thousand (8,000) hours over a period of time of not less than four (4) years and successfully 19 LC004556/SUB A - Page 2 of 28 complete one hundred forty-four (144) hours of related instruction per year in an indentured a 1 registered apprenticeship program approved by the Rhode Island department of labor and training, 2 to qualify for the journeyperson “B” electrician examination; provided, however, registered 3 apprentices may receive credit for one hundred forty-four (144) hours of classroom training gained 4 in a vocational school authorized by the board of education, or a maximum of two hundred eighty- 5 eight (288) hours of classroom training gained over two (2) academic years (one hundred forty- 6 four (144) per academic year), upon the successful completion of a course of study in a fully 7 accredited trade school that has been approved by the Rhode Island office of postsecondary 8 commissioner and by the Rhode Island department of labor and training apprenticeship council. 9 Provided, that the test applicant has possessed, for at least four (4) years prior to the filing of the 10 application, a certificate of registration in full force and effect from the department of labor and 11 training of Rhode Island specifying the person as an indentured a registered apprentice, and the 12 application of an applicant is accompanied by an affidavit or affidavits of his or her employer or 13 former employers or other reasonably satisfactory evidence showing that the applicant has been 14 actually engaged in eight thousand (8,000) hours of electrical work as an a registered apprentice in 15 Rhode Island during those four (4) years; or the application is accompanied by an affidavit or other 16 reasonably satisfactory evidence showing that the applicant has successfully completed a course of 17 study in a recognized college or university and has pursued a course of electrical technology for at 18 least two (2) academic years or is the recipient of an associate degree in electrical technology, and 19 has thereafter been indentured registered by the department of labor and training as an apprentice 20 for at least four (4) years and employed as an indentured a registered apprentice while supervised 21 by a duly licensed journeyperson electrician employed under a master in this state for a period of 22 four (4) years; or a showing that the applicant possesses a certificate of license issued under the 23 laws of another state, based on training equal to that required by the state of Rhode Island. Limited- 24 registered apprentice electricians shall be required to work a minimum of four thousand (4,000) 25 hours over a period of time of not less than two (2) years. 26 (c) Indentured Registered apprentice maintenance electricians are required to work a 27 minimum of six thousand (6,000) hours over a period of time of not less than three (3) years and 28 successfully complete one hundred forty-four (144) hours of related instruction per year in an 29 indentured a registered apprenticeship program approved by the Rhode Island department of labor 30 and training, to qualify for the journeyperson “M” electrician examination. Provided, however, that 31 the test applicant has possessed for at least three (3) years prior to the filing of the application a 32 certificate of registration in full force and effect from the department of labor and training 33 specifying the person as an indentured a registered apprentice, and the application of an applicant 34 LC004556/SUB A - Page 3 of 28 is accompanied by an affidavit or affidavits of his or her employer or former employers or other 1 reasonably satisfactory evidence showing that the applicant has been actually engaged in electrical 2 work as an apprentice in Rhode Island during those three (3) years as outlined in the registered 3 apprenticeship program standards. Class M journeyperson electricians may qualify to take the 4 journeyperson “B” electrician examination upon registering as a fourth-year apprentice and 5 becoming working under the supervision of journeyperson "B" electrician while employed by a 6 properly licensed Class A electrical contractor that sponsors, or participates in, an appropriately- 7 designed registered apprenticeship program for that period of time. 8 (d) Apprentice Registered apprentice lightning-protection installers are required to work a 9 minimum of four thousand (4,000) hours over a period of time of not less than two (2) years in a 10 registered apprenticeship program approved by the Rhode Island department of labor and training 11 to qualify for the lightning-protection installer (LPI) examination. Provided, that the test applicant 12 has possessed for at least two (2) years prior to the filing of the application a certificate of 13 registration in full force and effect from the department of labor and training specifying the person 14 as an apprentice lightning-protection installer, and the application of an applicant is accompanied 15 by an affidavit or affidavits of his or her employer or former employers or other reasonably 16 satisfactory evidence showing that the applicant has been actually engaged in lightning-protection 17 work as an apprentice during those two (2) years as outlined in the registered apprenticeship 18 program standards. 19 5-6-24.1. Apprentices certified by other states Apprentices registered in other states. 20 Any apprentice electrician holding an apprentice certificate, license, or equivalent 21 document issued by another state shall register with and obtain the approval of the division of 22 professional regulation in the department of labor and training prior Prior to being permitted to 23 work or serve as an electrician’s apprentice in this state, any apprentice electrician registered by 24 another registration agency in a neighboring state shall obtain reciprocal recognition from the 25 Rhode Island department of labor and training pursuant to § 28-45-16. Provided, no approval shall 26 be granted unless the applicant demonstrates to the board that the applicant is currently enrolled in 27 one hundred forty-four (144) hours of electrical-related classroom instruction per year for not less 28 than four (4) years in an indentured apprenticeship program approved by the department of labor 29 and training. 30 SECTION 2. Chapter 5-6 of the General Laws entitled "Electricians" is hereby amended 31 by adding thereto the following sections: 32 5-6-24.2. Apprentices - Exam requirements. 33 To be eligible applicants for electrical licensing exams, apprentices shall complete an 34 LC004556/SUB A - Page 4 of 28 applicable registered apprenticeship program in Rhode Island. Apprentices shall provide transcripts 1 of completed related instruction and work record books from employer(s), or other reasonably 2 satisfactory evidence, to document completion of a registered apprenticeship program appropriate 3 to the license being applied for. 4 5-6-24.3. Credit for electrical license exams. 5 (a) For licensing purposes, decisions by an apprenticeship sponsor to grant credit for prior 6 learning or experience pursuant to §§ 28-45-9(2)(xii) or 28-45-9.2 shall also require the written 7 approval of the electrical board of examiners of the Rhode Island department of labor and training. 8 Registered apprentices may receive credit for one hundred forty-four (144) hours of classroom 9 training gained in a vocational school authorized by the board of education, or a maximum of two 10 hundred eighty-eight (288) hours of classroom training gained over two (2) academic years (one 11 hundred forty-four (144) hours per academic year), upon the successful completion of a course of 12 study in a fully accredited trade school that has been approved by the Rhode Island office of 13 postsecondary commissioner and by the Rhode Island department of labor and training 14 apprenticeship council. 15 (b) For licensing purposes, on-the-job learning hours required as part of a registered 16 apprenticeship program by license type are as follows: 17 (1) At minimum, an electrician apprenticeship program for a Class B license shall include 18 eight thousand (8,000) hours of on-the-job learning. 19 (2) At minimum, a maintenance electrician apprenticeship program for a Class M license 20 shall include six thousand (6,000) hours of on-the-job learning. 21 (3) At minimum, a lightning protection installer apprenticeship program shall include four 22 thousand (4,000) hours of on-the-job learning. 23 (4) All registered apprenticeship programs shall include one hundred forty-four (144) hours 24 of related instruction, including, but not limited to, classroom training, provided concurrently with 25 each two thousand (2,000) hours period of on-the-job learning. 26 SECTION 3. Sections 5-20-4.1, 5-20-5, 5-20-10, 5-20-17, 5-20-17.1, 5-20-17.2 and 5-20- 27 25 of the General Laws in Chapter 5-20 entitled "Plumbers, Irrigators, and Water System Installers" 28 are hereby amended to read as follows: 29 5-20-4.1. “Apprentice irrigator” defined. 30 “Apprentice irrigator,” as used in this chapter, means a person hired to perform all phases 31 of an irrigation project and registered as an apprentice pursuant to § 28-45-13 working under the 32 supervision of a master irrigation licensee or a licensed journeyperson irrigator for a period of one 33 year. 34 LC004556/SUB A - Page 5 of 28 5-20-5. “Apprentice plumber” defined. 1 “Apprentice plumber,” as used in this chapter, means any employee registered as an 2 apprentice pursuant to § 28-45-13, whose principal occupation is service with a master plumber 3 with a view to learning the art or trade of maintenance, installation, or repair of plumbing, as defined 4 in § 5-20-2. 5 5-20-10. Work for which apprentice certificate required. 6 No person shall engage to work as an apprentice plumber, unless that person possesses and 7 carries on his or her person at all times while engaged, a certificate of registration in full force and 8 effect from the department of labor and training specifying that person as has registered as an 9 apprentice plumber, an apprentice irrigator, or an apprentice water-filtration/treatment-system 10 installer pursuant to § 28-45-13. 11 5-20-17. Qualifications of journeyperson — Application fee. 12 (a) No application for a journeyperson’s license shall be filed at the department of labor 13 and training nor shall any applicant be permitted to take the examination for a license as a 14 journeyperson plumber, unless: 15 (1) The application is accompanied by a nonrefundable application fee of seventy-five 16 dollars ($75.00); and 17 (2) The applicant shall have possessed, for at least four (4) years prior to the filing of the 18 application, a certificate of registration in full force and effect from the department of labor and 19 training specifying that person as a registered apprentice plumber pursuant to § 28-45-13 and the 20 application of that applicant is accompanied with an affidavit or affidavits of his or her employer 21 or former employers or other reasonably satisfactory evidence showing that the applicant has been 22 actually engaged in plumbing work as an apprentice plumber in the state of Rhode Island for eight 23 thousand (8,000) hours of on-the-job training during a five-year (5) period, which shall include the 24 successful completion of five hundred seventy-six (576) hours of related instruction at a training 25 program recognized by the department of labor and training; provided, however, the apprentice 26 may receive credit for one hundred forty-four (144) hours of classroom training applied against the 27 five hundred seventy-six (576) hours required pursuant to this section, gained in a vocational school 28 authorized by the council on elementary and secondary education; and approved by the Rhode 29 Island department of labor and training state apprenticeship council. 30 (3) The application is accompanied with an affidavit or other reasonably satisfactory 31 evidence showing that the applicant has been a registered student in a recognized college, 32 university, or trade school and has pursued a course of plumbing or sanitary engineering for at least 33 two (2) academic years; or 34 LC004556/SUB A - Page 6 of 28 (4) The applicant is the recipient of an associate degree in either plumbing or sanitary 1 engineering, and has been registered by the department of labor and training as an apprentice 2 plumber for at least two (2) years and at all times while being employed as a registered apprentice 3 plumber by a duly licensed master plumber in this state for a period of two (2) years; or 4 (5) The application is accompanied by an affidavit or other reasonably satisfactory 5 evidence showing that the applicant possesses a certificate of license, issued under the laws of 6 another state, provided that the requirements are the same as the state specifying that person as a 7 journeyperson plumber. 8 (6) The records of the hours of on-the-job training and the hours of related instruction 9 completed as part of the registered apprenticeship program pursuant to § 28-45-9 should be 10 maintained in a mutually responsible manner, through a joint effort on the part of the master 11 plumber and the apprentice and provided as part of the application. 12 (7) The completed application is to be filed with the department at least fifteen (15) days 13 prior to the examination date. 14 5-20-17.1. Qualifications of journeyperson irrigator -- Application fee. 15 No application for a journeyperson’s license shall be filed at the department of labor and 16 training nor shall any applicant be permitted to take the examination for a license as a journeyperson 17 irrigator unless: 18 (1) The application is accompanied with the nonrefundable application fee of seventy-five 19 dollars ($75.00); and 20 (2) The applicant possesses a current apprentice certificate pursuant to § 28-45-13 for a 21 period of one year before application for journeyperson irrigator is made. 22 5-20-17.2. Qualifications of journeyperson water-filtration/treatment-system installer 23 -- Application fee. 24 No application for a journeyperson’s license shall be filed at the department of labor and 25 training nor shall any applicant be permitted to take the examination for a license as a journeyperson 26 water-filtration/treatment-system installer unless: 27 (1) The application is accompanied with the nonrefundable application fee of seventy-five 28 dollars ($75.00); and 29 (2) The applicant possesses a current apprentice certificate pursuant to § 28-45-13 for a 30 period of one year before application for journeyperson water-filtration/treatment-system installer 31 is made. 32 5-20-25. Registration of apprentices. 33 (a) Any person who has agreed to work a minimum of eight thousand (8,000) hours over a 34 LC004556/SUB A - Page 7 of 28 period of time of not less than five (5) years under the direct supervision and instruction of a master 1 plumber or journeyperson plumber as an apprentice to learn the plumbing business, and that 2 agreement is approved by the division of professional regulation, shall be registered by the director 3 of the department of labor and training and have issued to him or her a certificate showing that 4 person to be a registered apprentice pursuant to § 28-45-13. 5 (b) Any person who has agreed to work a minimum of two thousand (2,000) hours over a 6 period of time of not less than one year under the direct supervision and instruction of a master 7 irrigator or a journeyperson irrigator as an apprentice to learn the irrigation business, and that 8 agreement is approved by the division of professional regulation, shall be registered by the director 9 of the department of labor and training and have issued to him or her a certificate showing that 10 person to be a registered apprentice pursuant to § 28-45-13. 11 (c) Any person who has agreed to work a minimum of two thousand (2,000) hours over a 12 period of time of not less than one year, under the direct supervision and instruction of a master 13 water-filtration/treatment-system installer or a journeyperson water-filtration/treatment-system 14 installer, as an apprentice to learn the water-filtration/treatment business, and that agreement is 15 approved by the division of professional regulation, shall be registered by the director of the 16 department of labor and training and have issued to him or her a certificate showing that person to 17 be a registered apprentice pursuant to § 28-45-13. 18 SECTION 4. Chapter 5-20 of the General Laws entitled "Plumbers, Irrigators, and Water 19 System Installers" is hereby amended by adding thereto the following sections: 20 5-20-25.1. Apprentices -- Exam requirements. 21 To be eligible applicants for plumbing licensing exams, apprentices shall complete an 22 applicable registered apprenticeship program in Rhode Island. Apprentices shall provide transcripts 23 of completed related instruction and work record books from employer(s), or other reasonably 24 satisfactory evidence, to document completion of a registered apprenticeship program appropriate 25 to the license being applied for. 26 5-20-25.2. Credit for plumbing license exam. 27 (a) For licensing purposes, decisions by an apprenticeship sponsor to grant credit for prior 28 learning or experience pursuant §§ 28-45-9(2)(xii) or 28-45-9.2 shall also require the written 29 approval of the state board of plumbing examiners of the Rhode Island department of labor and 30 training. Apprentices may receive credit for one hundred forty-four (144) hours of classroom 31 training gained in a career and technical education program authorized by the board of education, 32 or a maximum of two hundred eighty-eight (288) hours of classroom training gained over two (2) 33 academic years (one hundred forty-four (144) hours per academic year), upon the successful 34 LC004556/SUB A - Page 8 of 28 completion of a course of study in a fully accredited trade school that has been approved by the 1 Rhode Island office of postsecondary commissioner and by the Rhode Island department of labor 2 and training apprenticeship council. 3 (b) For licensing purposes, on-the-job learning hours required as part of a registered 4 apprenticeship program by license type are as follows: 5 (1) At minimum, a plumbing apprenticeship program shall include eight thousand (8,000) 6 hours of on-the-job learning, or an associate degree in plumbing and four thousand (4,000) hours 7 of on-the-job learning. 8 (2) At minimum, an irrigator apprenticeship program shall include two thousand (2,000) 9 hours of on-the-job learning. 10 (3) At minimum, a water filtration/treatment-system apprenticeship program shall include 11 two thousand (2,000) hours of on-the-job learning. 12 (4) All registered apprenticeship programs shall include one hundred forty-four (144) hours 13 of related instruction, including, but not limited to, classroom training, provided concurrently with 14 each two thousand (2,000) hours period of on-the-job learning. 15 SECTION 5. Section 5-70-5 of the General Laws in Chapter 5-70 entitled 16 "Telecommunications" is hereby amended to read as follows: 17 5-70-5. Form of license and registration. 18 Three (3) major forms of license shall be issued with the two (2) higher licenses carrying 19 certification for one or more of the four (4) category(s), as defined within this chapter, for which 20 qualified: 21 (1) Telecommunications system contractor. 22 (i) TSC license shall be issued to any person qualified under this chapter representing 23 themselves, individually, or a firm or corporation engaging in, or about to engage in, the business 24 of designing, installing, altering, servicing, and/or testing telecommunications systems. 25 (ii) Qualification shall be evidenced by passing the examination(s) for any or all of the 26 categories of telecommunications systems described in this chapter, and applicants who hold an 27 equivalent out-of-state license, as determined by this board, issued by another state shall be allowed 28 to take the Rhode Island form TSC license examination. Applicants for TSC license who hold no 29 equivalent form of TSC license issued in another state and show evidence of three (3) years of 30 verifiable and continuous contracting experience, immediately preceding the date of application 31 and are registered to conduct business in the state of Rhode Island, will be allowed to take the 32 Rhode Island form of TSC examination. Applicants who do not meet these qualifications shall have 33 been licensed as a Rhode Island telecommunication systems technician for a minimum of three (3) 34 LC004556/SUB A - Page 9 of 28 consecutive years, immediately preceding the date of application, in order to qualify to take the 1 TSC examination, and shall have been registered to conduct business in the state of Rhode Island. 2 (iii) The holding of a TSC license shall entitle the holder individually to contract for, 3 engage in, and/or perform the actual work of designing, installing the type(s) of 4 telecommunications systems for which they were granted certification. No individual shall be 5 required to hold more than one form of license. 6 (2) Telecommunications systems technician. 7 (i) TST license shall be issued to any person who passes the examination(s) as defined 8 within this chapter for any or all of the categories of telecommunications systems described in this 9 chapter. 10 (ii) The holding of a TST license shall entitle the holder individually to perform the actual 11 work of installing, altering, servicing, and/or testing the type(s) of telecommunications systems for 12 which they were granted certification. All the work performed shall be under the supervision of the 13 holder of a TSC license. 14 (3) Telecommunications system limited installer. 15 (i) TSLI license shall be issued to any person who passes the examination as defined within 16 this chapter and as described in this section. 17 (ii) The holding of a TSLI license shall entitle the holder to perform the actual work of 18 installation of wiring, low-voltage surface raceway, enclosures, and wiring devices directly 19 associated with a telecommunications system. Connection to, installation of, or servicing of 20 telecommunications devices shall only be performed under the direct supervision of a holder of a 21 TST or TSC license. 22 (4) Trainee/telecommunications apprentice. 23 (i) Registered trainees/telecommunications telecommunications apprentices pursuant to § 24 28-45-13 may be employed to perform the actual work of installation of wiring, low-voltage surface 25 raceway, enclosures, and wiring devices directly associated with a telecommunications system 26 under the direct supervision of a holder of a TST or TSC license. 27 (ii) Trainees/telecommunication apprentices shall be required to register with the licensing 28 authority Rhode Island department of labor and training subsequent to employment by a person, 29 firm, or corporation licensed as a TSC under this chapter; and prior to being permitted to perform 30 any actual installation work. 31 (iii) The registered trainees/telecommunications telecommunications apprentice shall not 32 be permitted to make connection to, install, or service telecommunications devices. No more than 33 two (2) registered trainees/telecommunications telecommunications apprentices can be directly 34 LC004556/SUB A - Page 10 of 28 supervised by a single TSC or TST license holder. 1 SECTION 6. Chapter 28-4 of the General Laws entitled "Indenture of Apprentices" is 2 hereby repealed in its entirety. 3 CHAPTER 28-4 4 Indenture of Apprentices 5 28-4-1. Power of minor to execute indenture. 6 Any minor being sixteen (16) years of age or over, or who, being under sixteen (16) years 7 of age, has a limited permit to work given him or her by or under the direction of the school 8 committee where the minor resides under the provisions of chapter 3 of this title, may, by execution 9 of an indenture, bind himself or herself as provided in this chapter, for a term of service of not less 10 than one year. 11 28-4-2. Parties to sign indenture. 12 Every indenture shall be signed: 13 (1) By the minor; 14 (2) By the parents, or either one of them, as the natural guardians or guardian of the minor; 15 or by the duly appointed legal guardian of the person, or of the person and estate of the minor, if 16 any; or by the person having the legal custody of the minor; 17 (3) By the employer. 18 28-4-3. Contents of indenture. 19 Every indenture shall contain: 20 (1) The names of the parties; 21 (2) The date of birth of the minor; 22 (3) A statement of the trade, craft, or business which the minor is to be taught; 23 (4) An agreement that a certificate shall be given to the apprentice at the conclusion of his 24 or her indenture, stating that he or she has completed the apprenticeship under the indenture. 25 28-4-4. Deeds in triplicate. 26 In every case there shall be three (3) deeds in the same form and tenor, executed by all 27 parties, one to be kept by each party. 28 28-4-5. Effect of indenture as against parties. 29 All indentures made in accordance with the provisions of §§ 28-4-1 — 28-4-4 shall be 30 good and effectual in law against all parties and the minor engaged by them, according to their 31 tenor, except as to any of their provisions that the court, in which any suit or controversy relating 32 to the articles of indenture may be heard, shall determine to be unjust or unreasonable. 33 28-4-6. Petition or complaint for breach of indenture — Summons. 34 LC004556/SUB A - Page 11 of 28 Whenever a petition or complaint in writing and under oath is made to any judge of the 1 district court that any master or apprentice, within a division where the court is situated, has 2 willfully neglected or refused to comply with or perform the terms and provisions of any indenture, 3 the judge, if satisfied that there is a reasonable cause for the petition or complaint, shall issue a 4 summons requiring the master or apprentice to appear before the court at a time and place named 5 in the summons to answer relative to the petition or complaint. The petitioner or complainant shall 6 cause the summons to be served by some officer qualified to serve civil process upon the person 7 complained of at least six (6) days before the time set for appearance and hearing by reading the 8 summons to the person to be served, or by leaving an attested copy of it with the person to be served 9 in his or her hands and possession, or at his or her last and usual place of abode with some person 10 living there, or if the person to be served is a corporation, then, by leaving an attested copy of the 11 summons with some officer of the corporation or at the office of the corporation with some person 12 employed there. 13 28-4-7. Determination of petition or complaint — Enforcement of order. 14 Upon the hearing of a petition or complaint, the court may determine the controversy or 15 matter complained of in a summary way, and discharge either party from the indenture and contract 16 of apprenticeship, and may make any further order in the premises that the case may require and 17 seems proper to the court. Any neglect or failure of any person, against whom any order is made, 18 to do, perform, or comply with the order shall be contempt of court, and the court may enforce its 19 order by proceedings for contempt. 20 SECTION 7. Sections 28-27-4.1, 28-27-4.2, 28-27-4.3, 28-27-5.1, 28-27-5.2, 28-27-11, 21 28-27-17 and 28-27-18 of the General Laws in Chapter 28-27 entitled "Mechanical Trades" are 22 hereby amended to read as follows: 23 28-27-4.1. “Journeyperson refrigeration technician” defined. 24 “Journeyperson refrigeration technician” means any person who has completed a five-year 25 (5) apprentice an appropriate ten thousand (10,000) hour registered apprenticeship program in 26 accordance with chapter 45 of title 28, and/or and has passed a refrigeration technician examination 27 and who by him or herself does work in refrigeration/air conditioning subject to provisions of this 28 chapter and the rules, regulations, and licensing criteria promulgated hereunder. 29 28-27-4.2. “Journeyperson pipefitter,” “journeyperson sheet metal worker,” and 30 “journeyperson sprinkler fitter” defined. 31 (a) “Journeyperson pipefitter” means any person who has completed a five-year (5) 32 apprentice an appropriate ten thousand (10,000) hour registered apprenticeship program in 33 accordance with chapter 45 of title 28, and/or and has passed a journeyperson examination and who 34 LC004556/SUB A - Page 12 of 28 by himself or herself does work on pipefitting systems subject to provisions of this chapter. The 1 rules, regulations, and licensing criteria guide promulgated under this chapter referencing Class II 2 limited journeyperson licenses shall require completion of an accepted formal technical program 3 approved by the department of labor and training. 4 (b) “Journeyperson sheet metal worker” means any person who has completed a four-year 5 (4) an appropriate eight thousand (8,000) hour registered apprentice apprenticeship program in 6 accordance with chapter 45 of title 28, and/or and has passed a journeyperson sheet metal worker 7 examination and who by him or herself does sheet metal work subject to provisions of this chapter 8 and the rules, regulations, and licensing criteria promulgated under this chapter. 9 (c) “Journeyperson sprinkler fitter” means any person who has completed a four-year (4) 10 an appropriate eight thousand (8,000) hour registered apprentice apprenticeship program in 11 accordance with chapter 45 of title 28, and/or and has passed a journeyperson sprinkler fitter 12 examination and who by him or herself does work in fire protection sprinkler systems subject to 13 provisions of this chapter and the rules, regulations, and licensing criteria promulgated under this 14 chapter. 15 28-27-4.3. “Journeyperson sheet metal worker apprentice,” “journeyperson 16 sprinkler fitter apprentice,” “pipefitter apprentice,” and “refrigeration/air conditioning 17 apprentice” defined -- Duration of apprentice programs "Sheet metal worker apprentice," 18 "sprinkler fitter apprentice," "pipefitter apprentice," and "refrigerator/air conditioning 19 apprentice" defined -- Duration of apprentice programs. 20 (a) “Journeyperson sheet Sheet metal worker apprentice” means any person at least 21 eighteen (18) years of age who is learning or working at the businesses of sheet metal work under 22 the direct supervision of a sheet metal contractor or journeyperson sheet metal worker under a 23 registered state sanctioned apprentice program as a registered apprentice in an appropriate 24 apprenticeship program registered in accordance with chapter 45 of title 28. 25 (b) “Journeyperson sprinkler Sprinkler fitter apprentice” means any person at least eighteen 26 (18) years of age who is learning or working at the business of fire protection sprinkler systems 27 under the direct supervision of a master or journeyperson sprinkler fitter under a registered state 28 sanctioned apprentice program as a registered apprentice in an appropriate apprenticeship program 29 registered in accordance with chapter 45 of title 28. 30 (c) “Pipefitter apprentice” means any person at least eighteen (18) years of age who is 31 learning or working at the business of pipefitting under a registered state sanctioned apprentice 32 program as a registered apprentice in an appropriate apprenticeship program registered in 33 accordance with chapter 45 of title 28. 34 LC004556/SUB A - Page 13 of 28 (d) Pipefitter, refrigeration, sprinkler fitter, and sheet metal worker apprentice programs 1 are of a five-year (5) duration, except as detailed in § 28-27-4.2, for all Class II limited licenses. 2 (e) “Refrigeration/air conditioning apprentice” means any person at least eighteen (18) 3 years of age who is learning and working at the business of refrigeration/air conditioning under the 4 direct supervision of a refrigeration/air conditioning master or journeyperson under a registered 5 state sanctioned apprentice program as a registered apprentice in an appropriate apprenticeship 6 program registered in accordance with chapter 45 of title 28. 7 28-27-5.1. Practices for which a journeyperson or apprentice license required. 8 (a) No person shall engage to work as a pipefitter, refrigeration/air conditioning, or 9 sprinkler fitter journeyperson or apprentice, or journeyperson sheet metal worker or apprentice, or 10 shall advertise or represent in any form or matter that he or she is a journeyperson or apprentice, 11 unless that person possesses and carries on his or her person at all times while so engaged a valid 12 license issued by the department of labor and training qualifying that person as a journeyperson or 13 registered apprentice pursuant to § 28-45-13. 14 (b) A person holding a valid license under this chapter shall not be required to obtain an 15 additional license under this chapter to perform sheet metal work when AC air handling equipment 16 is ten (10) tons or less or when heating equipment does not exceed 250,000 BTUs. 17 (c) A holder of a journeyperson license shall only be entitled to work as an employee of 18 the properly licensed master permit holder in accordance with this chapter. 19 28-27-5.2. Issuance of P.J.F. journeyperson oil burnerperson’s license. 20 (a) Any person who has previously qualified for the electrician’s F certificate and the P.J.F. 21 II limited to oil individually, and presently holds both licenses, may convert to the single P.J.F. 22 limited journeyperson II oil burnerperson’s license by application to the division on an approved 23 application and with payment of the applicable fee as detailed in this section. This licensee cannot 24 be self-employed and is limited to domestic oil burner service work, burner, tank, and oil line 25 installation. Persons seeking an initial P.J.F. limited journeyperson II oil burner license must show 26 proof of completion of a trade sponsored program or a trade related program offered by a 27 recognized college. All programs must have prior approval of the department of labor and training 28 before licenses are issued. 29 (b) The person seeking P.J.F. licensing must be employed by a master pipefitting contractor 30 class II as detailed under § 28-27-4. 31 (c) The above provisions are similar for most limited licenses under this chapter. 32 (d) Fees shall be as follows: 33 (1) Apprenticeship fee is thirty dollars ($30.00) with birth-month licensing; 34 LC004556/SUB A - Page 14 of 28 (2) License fee is seventy-two dollars ($72.00) with birth-month licensing; 1 (3) Renewal fee is seventy-two dollars ($72.00) with birth-month licensing; 2 (e) The fees collected shall be deposited as general revenues. 3 28-27-11. Journeyperson license -- Test fees -- License fees and qualifications --Filing 4 deadline for journeyperson. 5 (a) No application for a journeyperson’s test shall be filed by the department nor shall any 6 applicant be permitted to take the examination for a license as a journeyperson unless: 7 (1) The test application is accompanied by a test fee as outlined in § 28-27-17; 8 (2) Upon passing of a journeyperson test, payment of a license fee as outlined in § 28-27- 9 17 is required and the journeyperson license will be issued as provided in § 28-27-15; and 10 (3) The applicant has possessed for at least five (5) years prior to the filing of the 11 application a certificate of registration in full force and effect from the department of labor and 12 training specifying the person as a registered apprentice pursuant to § 28-45-13, and the application 13 of an applicant: 14 (i) Is accompanied by an affidavit or affidavits of his or her employer or former employers 15 or other reasonably satisfactory evidence showing that the applicant has been actually engaged in 16 pipefitting or refrigeration/air conditioning, sheet metal or fire protection sprinkler systems work 17 as an apprentice registered for at least ten thousand (10,000) hours in the state of Rhode Island 18 during those five (5) years; 19 (ii) Is accompanied by an affidavit or other reasonably satisfactory evidence showing that 20 the applicant has been registered as a student in a recognized college, university, or trade school 21 and has pursued a course of pipefitting or refrigeration/air conditioning, sheet metal or fire 22 protection sprinkler systems for at least two (2) academic years or is the recipient of an associate 23 degree in pipefitting or refrigeration/air conditioning or fire protection sprinkler systems, and has 24 thereafter been registered by the department of labor and training as an apprentice for at least three 25 (3) years and employed as a registered apprentice by a duly licensed pipefitter or refrigeration/air 26 conditioning or fire protection sprinkler systems master or sheet metal contractors in this state for 27 a period of three (3) years; or 28 (iii) Is accompanied by an affidavit or other reasonably satisfactory evidence showing that 29 the applicant possesses a certificate of license issued under the laws of another state specifying that 30 person as a journeyperson; and 31 (4) The licensing authority may grant an exemption to the requirements of subsection (a)(3) 32 on the basis of past experience. 33 (b) The test application is to be filed with the department at least fifteen (15) days prior to 34 LC004556/SUB A - Page 15 of 28 the examination date. 1 28-27-17. Test fees — License fees — Expiration and renewal of licenses. 2 (a) All licenses issued to the pipefitters/refrigeration technicians and fire protection 3 sprinkler contractor/sprinkler fitters and sheet metal contractor or journeyperson sheet metal worker 4 detailed in this section shall be paid for as follows: 5 TEST LICENSE RENEWAL 6 Master Mechanical Contractor -- 480.00 480.00 7 Contractor Master 75.00 240.00 240.00 8 Pipefitter Master I 75.00 240.00 240.00 9 Pipefitter Master II 75.00 96.00 96.00 10 Refrigeration Master I 75.00 240.00 240.00 11 Refrigeration Master II 75.00 96.00 96.00 12 Pipefitter Journeyperson I 75.00 72.00 72.00 13 Pipefitter Journeyperson II 75.00 60.00 60.00 14 Refrigeration Journeyperson I 75.00 72.00 72.00 15 Refrigeration Journeyperson II 75.00 60.00 60.00 16 Apprentices (annual fee) -- 24.00 24.00 17 Fire Protection Sprinkler 18 Fitters Master I 75.00 240.00 240.00 19 Fire Protection Sprinkler 20 Fitters Journeyperson I 75.00 72.00 72.00 21 Sheet Metal Contractor 75.00 240.00 240.00 22 Sheet Metal Worker 23 Journeyperson 75.00 72.00 72.00 24 (b) Apprenticeship renewal fees shall be paid on an annual basis. 25 (c) Every license issued by the division of professional regulation to license holders born 26 in odd years shall expire on the birthday of the individual qualifying for the license in odd years 27 and all licenses issued by the division of professional regulation to license holders born in even 28 years shall expire on the birthday of the individual qualifying for the license in even years and all 29 licenses may be renewed on or before their expiration date, upon payment of the appropriate fee. 30 If any credit is due in the initial changeover year the amount of credit shall be determined by the 31 chief administrator of the division. 32 28-27-18. Registration of apprentices. 33 (a) Any person who has agreed to work under the supervision of a licensed pipefitter, 34 LC004556/SUB A - Page 16 of 28 refrigeration/air conditioning, sprinkler fitter, or sheet metal master under a state-sanctioned an 1 apprenticeship program shall be registered by the director of labor and training and registered with 2 the Rhode Island department of labor and training shall be issued a certificate of apprenticeship 3 pursuant to § 28-45-13. 4 (b) The minimum formal training period for a P.J.F. limited class II license shall be one 5 hundred sixty (160) hours of classroom and/or laboratory technical training, approved by the 6 department of labor and training. The fee schedules for the P.J.F. limited license are detailed in § 7 28-27-5.2. All other sections of this chapter shall remain in full force and effect. 8 SECTION 8. Chapter 28-27 of the General Laws entitled "Mechanical Trades" is hereby 9 amended by adding thereto the following sections: 10 28-27-18.1. Apprentices -- Exam requirements. 11 To be eligible applicants for mechanical licensing exams, apprentices shall complete an 12 applicable registered apprenticeship program in Rhode Island. Apprentices shall provide transcripts 13 of completed related instruction and work record books from employer(s), or other reasonably 14 satisfactory evidence, to document completion of a registered apprenticeship program appropriate 15 to the license being applied for. 16 28-27-18.2. Credit for mechanical license exams. 17 (a) For licensing purposes, decisions by an apprenticeship sponsor to grant credit for prior 18 learning or experience pursuant to §§ 28-45-9(2)(xii) or 28-45-9.2 shall also require the written 19 approval of the state mechanical board of the Rhode Island department of labor and training. 20 Registered apprentices may receive credit for one hundred forty-four (144) hours of classroom 21 training gained in a career and technical education program authorized by the board of education, 22 or a maximum of two hundred eighty-eight (288) hours of classroom training gained over two (2) 23 academic years (one hundred forty-four (144) hours per academic year), upon the successful 24 completion of a course of study in a fully accredited trade school that has been approved by the 25 Rhode Island office of postsecondary commissioner and by the Rhode Island department of labor 26 and training apprenticeship council. 27 (b) For licensing purposes, on-the-job learning hours required as part of a registered 28 apprenticeship program by license type are as follows: 29 (1) At minimum, a pipefitter I apprenticeship program shall include ten thousand (10,000) 30 hours of on-the-job learning. 31 (2) At minimum, a pipefitter II apprenticeship program shall include four thousand (4,000) 32 hours of on-the-job learning. 33 (3) At minimum, a refrigeration I apprenticeship program shall include ten thousand 34 LC004556/SUB A - Page 17 of 28 (10,000) hours of on-the-job learning. 1 (4) At minimum, a refrigeration II apprenticeship program shall include four thousand 2 (4,000) hours of on-the-job learning. 3 (5) At minimum, a sprinkler fitter/fire protection apprenticeship program shall include ten 4 thousand (10,000) hours of on-the-job learning. 5 (6) At minimum, a sheet metal worker I apprenticeship program shall include eight 6 thousand (8,000) hours of on-the-job learning. 7 (7) At minimum, a sheet metal worker II apprenticeship program shall include four 8 thousand (4,000) hours of on-the-job learning. 9 (8) All registered apprenticeship programs shall include one hundred forty-four (144) hours 10 of related instruction, including, but not limited to, classroom training, provided concurrently with 11 each two thousand (2,000) hours period of on-the-job learning. 12 SECTION 9. Sections 28-45-1, 28-45-3, 28-45-9, 28-45-10, 28-45-13, 28-45-14 and 28- 13 45-16 of the General Laws in Chapter 28-45 entitled "Apprenticeship Programs in Trade and 14 Industry" are hereby amended to read as follows: 15 28-45-1. Purposes. 16 The purposes of this chapter are: 17 (1) To encourage employers, associations of employers, and organizations of employees to 18 voluntarily establish apprenticeship programs and the making of apprenticeship agreements; 19 (2) To create opportunities for young people to obtain employment and adequate training 20 in trades and industry with parallel instructions in related and supplementary education under 21 conditions that will equip them for profitable employment and citizenship; 22 (3) To cooperate with the promotion and development of apprenticeship programs and 23 systems in other states and with the federal committee on apprenticeship appointed under 29 U.S.C. 24 § 50 et seq.; and 25 (4) To provide for the registration and approval of apprenticeship programs and 26 apprenticeship agreements and for the issuance of state certificates of completion of apprenticeship. 27 28-45-3. Powers and duties. 28 (a) The department of labor and training is the agency with responsibility and 29 accountability for apprenticeship within Rhode Island for federal purposes. The state 30 apprenticeship council shall be a regulatory council and part of the department of labor and training. 31 The council shall promulgate regulations consistent with 29 C.F.R. Parts 29 and 30 at the direction 32 of the director of the department of labor and training and shall provide advice and guidance to the 33 director of the department of labor and training on the operation of the Rhode Island apprenticeship 34 LC004556/SUB A - Page 18 of 28 program system. Enforcement of apprenticeship rules and regulations shall be the duty of the 1 director of the department of labor and training. In addition, the council shall: 2 (1) Adopt rules and regulations to ensure equality of opportunity in apprenticeship 3 programs pursuant to the Rhode Island state plan for equal opportunity in apprenticeship; 4 (2) Establish trade, craft, manufacturing, or industrial standards for apprenticeship or 5 training agreements in cooperation with a joint employer and employee groups in conformity with 6 29 C.F.R. § 29.5; 7 (3) Establish program performance standards in conformity with 29 C.F.R. § 29.6; 8 (4) Hold at least four (4) regular public meetings each year; any additional meetings 9 considered necessary shall be held at the call of the chairperson, or at the written request of a 10 majority of the members of the council; 11 (5) Formulate and publish rules of procedure for the function of local, regional, and state 12 joint apprenticeship committees and for the filling of vacancies on those committees; 13 (6) Adopt rules and regulations concerning the following: 14 (i) The contents of apprenticeship agreements in conformity with 29 C.F.R. § 29.7; 15 (ii) Criteria for apprenticeable occupations as provided by 29 C.F.R. § 29.4; 16 (iii) Reciprocal approval for federal purposes to apprentices, apprenticeship programs, and 17 standards that are registered in other states by the United States Department of Labor or another 18 state apprenticeship program recognized by the United States Department of Labor if such 19 reciprocity is requested by the apprenticeship program sponsor; 20 (iv) The cancellation or deregistration of programs, and for temporary suspension, 21 cancellation, or deregistration of apprenticeship agreements as provided in 29 C.F.R. §§ 29.8 and 22 29.9; 23 (v) The standards of apprenticeship, program performance standards, apprenticeship 24 agreements, deregistration of registered apprenticeship programs, reinstatement of apprenticeship 25 programs, and reciprocal approval recognition of apprentices from other states. 26 (b) The department of labor and training in accord with its regulations and this chapter 27 shall: 28 (1) Encourage the promotion, expansion, and improvement of programs of apprenticeship 29 training and pre-apprenticeship and the making of apprenticeship agreements; 30 (2) Bring about the settlement of differences arising out of an apprenticeship agreement 31 when those differences cannot be adjusted locally or in accordance with established trade 32 procedure; 33 (3) Supervise the execution of agreements and maintenance of standards; 34 LC004556/SUB A - Page 19 of 28 (4) Register or terminate or cancel the registration of apprenticeship programs and 1 apprenticeship agreements; 2 (5) Issue certificates of completion of apprenticeship; 3 (6) Keep a record of apprenticeship programs and apprentice agreements and their 4 disposition; 5 (7) Render any assistance and submit any information and data that may be requested by 6 employers, employees, and joint apprenticeship committees engaged in the formulation and 7 operation of programs of apprenticeship, particularly in regard to work schedules, wages, 8 conditions of employment, apprenticeship records, and number of apprentices; 9 (8) Adopt rules and regulations to insure nondiscrimination in all phases of apprenticeship 10 and employment during apprenticeship; 11 (9) Register trade, craft, manufacturing, or industrial standards for apprenticeship or 12 training agreements in cooperation with joint employer and employee groups and in conformity 13 with this chapter, or approve and register trade, craft, manufacturing, or industrial standards for 14 agreements submitted that are in conformity with this chapter, and disapprove those standards or 15 agreements submitted that are not in conformity with this chapter, to the extent deemed appropriate; 16 (10) Establish committees and approve nominations to existing committees that are 17 submitted in conformity with this chapter; 18 (11) Terminate registration of committees for failure of the committee to abide by the 19 provisions of this chapter; and 20 (12) Perform any other duties that are described and imposed by this chapter. 21 28-45-9. Standards of apprenticeship programs. 22 An apprenticeship program, to be eligible for approval and registration with the department 23 of labor and training, shall conform to regulations issued by the department of labor and training 24 and 29 C.F.R. Part 29 and 29 C.F.R. Part 30 and shall conform to the following standards: 25 (1) The program is an organized, written plan embodying the terms and conditions of 26 employment, training, and supervision of one or more apprentices in the apprenticeable occupation, 27 as defined in this chapter and subscribed to by a sponsor who has undertaken to carry out the 28 apprentice training program. 29 (2) The program standards contain the equal opportunity pledge prescribed in in 29 C.F.R 30 § 30.3(b) 29 C.F.R § 30.3(c) and, when applicable, an affirmative action plan in accordance with 31 29 C.F.R. § 30.4, a selection method authorized in 29 C.F.R § 30.5 29 C.F.R § 30.10, or similar 32 requirements expressed in a state plan for equal employment opportunity in apprenticeship adopted 33 pursuant to 29 C.F.R. Part 30 and approved by the United States Department of Labor, and 34 LC004556/SUB A - Page 20 of 28 provisions concerning the following: 1 (i) The employment and training of the apprentice in a skilled occupation; 2 (ii) A term of apprenticeship not less than two thousand (2,000) hours of work experience, 3 consistent with training requirements as established by industry practice, which for an individual 4 apprentice may be measured either through the completion of the industry standard for on-the-job 5 learning (at least two thousand (2,000) hours) (time-based approach), the attainment of competency 6 (competency-based approach), or a blend of the time-based and competency-based approaches 7 (hybrid approach): 8 (A) The time-based approach measures skill acquisition through the individual apprentice’s 9 completion of at least two thousand (2,000) hours of on-the-job learning as described in a work 10 process schedule; 11 (B) The competency-based approach measures skill acquisition through the individual 12 apprentice’s successful demonstration of acquired skills and knowledge, as verified by the program 13 sponsor. Programs utilizing this approach must still require apprentices to complete an on-the-job 14 learning component of registered apprenticeship. The program standards must address how on-the- 15 job learning will be integrated into the program, describe competencies, and identify an appropriate 16 means of testing and evaluation for such competencies; 17 (C) The hybrid approach measures the individual apprentice’s skill acquisition through a 18 combination of specified minimum number of hours of on-the-job learning and the successful 19 demonstration of competency as described in a work process schedule; and 20 (D) The determination of the appropriate approach for the program standards is made by 21 the program sponsor, subject to approval by the registration agency of the determination as 22 appropriate to the apprenticeable occupation for which the program standards are registered; 23 (iii) An outline of the work processes in which the apprentice will receive supervised work 24 experience and training on the job, and the allocation of the approximate time to be spent in each 25 major process; 26 (iv) Provision for organized, related, and supplemental instruction in technical subjects 27 related to the trade. A minimum of one hundred forty-four (144) hours for each year of 28 apprenticeship is recommended. This instruction in technical subjects may be accomplished 29 through media, such as classroom, occupational or industry courses, electronic media, or other 30 instruction approved by the department of labor and training; every apprenticeship instructor must: 31 (A) Meet the Rhode Island department of elementary and secondary education 32 requirements for a vocational-technical instructor, or be a subject matter expert, which is an 33 individual, such as a journey worker, who is recognized within an industry as having expertise in a 34 LC004556/SUB A - Page 21 of 28 specific occupation; and 1 (B) Have training in teaching techniques and adult learning styles, which may occur before 2 or after the apprenticeship instructor has started to provide the related technical instruction; 3 (v) A statement of the progressively increasing scale of wages to be paid the apprentice 4 consistent with the skill acquired, the entry wage to be not less than the minimum wage prescribed 5 by the federal and state labor standards act, where applicable, unless a higher wage is required by 6 other applicable federal law, state law, respective regulations, or by collective bargaining 7 agreement; 8 (vi) A provision for periodic review and evaluation of the apprentice’s progress in job 9 performance and related instruction, and the maintenance of appropriate progress records; 10 (vii) The numeric ratio of apprentices to journeypersons consistent with proper supervision, 11 training, safety, and continuity of employment, and applicable provisions in collective bargaining 12 agreements, except where the ratios are expressly prohibited by the collective bargaining 13 agreement. The ratio language shall be specific and clear as to application in terms of jobsite, work 14 force, department, or plant; 15 (viii) A probationary period reasonable in relation to the full apprenticeship term, with full 16 credit given for the period toward completion of apprenticeship; the probationary period shall not 17 exceed twenty-five percent (25%) of the length of the program or one year, whichever is shorter; 18 (ix) Adequate and safe equipment and facilities for training and supervision, and safety 19 training for apprentices on the job and in related instruction; 20 (x) The minimum qualifications required by a sponsor for persons entering the 21 apprenticeship program, with an eligible starting age not less than sixteen (16) years; 22 (xi) The placement of an apprentice under a written apprenticeship agreement that 23 conforms to the requirements of this chapter. The agreement shall directly, or by reference, 24 incorporate the standards of the program as part of the agreement; 25 (xii) The granting of advanced standing or credit for demonstrated competency, previously 26 acquired experience, training, or skills for all applicants equally, with commensurate wages for any 27 progression step so granted; 28 (xiii) The transfer of an apprentice between apprenticeship programs and within an 29 apprenticeship program must be based on agreement between the apprentice and the affected 30 apprenticeship committees or program sponsors, and must comply with the following requirements: 31 (A) The transferring apprentice must be provided a transcript of related instruction and on- 32 the-job learning by the committee or program sponsor; 33 (B) Transfer must be to the same occupation; and 34 LC004556/SUB A - Page 22 of 28 (C) A new apprenticeship agreement must be executed when the transfer occurs between 1 program sponsors; 2 (xiv) Assurance of qualified training personnel and adequate supervision on the job; 3 (xv) Recognition for successful completion of apprenticeship evidenced by an appropriate 4 certificate issued by the department of labor and training; 5 (xvi) Program standards that utilize the competency-based or hybrid approach for 6 progression through an apprenticeship and that choose to issue interim credentials must clearly 7 identify the interim credentials; demonstrate how these credentials link to the components of the 8 apprenticeable occupation; and establish the process for assessing an individual apprentice’s 9 demonstration of competency associated with the particular interim credential; further, interim 10 credentials must only be issued for recognized components of an apprenticeable occupation, 11 thereby linking interim credentials specifically to the knowledge, skills, and abilities associated 12 with those components of the apprenticeable occupation; 13 (xvii) Identification of the department of labor and training as the registration agency; 14 (xviii) Provision for the registration, cancellation, and deregistration of the program, and 15 requirement for the prompt submission of any modification or amendment to the department of 16 labor and training for approval; 17 (xix) Provision for registration of apprenticeship agreements, modifications, and 18 amendments; notice to the department of labor and training of persons who have successfully 19 completed apprenticeship programs; and notice of transfers, cancellations, suspensions, and 20 terminations of apprenticeship agreements and a statement of the reasons therefor; 21 (xx) Authority for the cancellation of an apprenticeship agreement during the probationary 22 period by either party without stated cause. Cancellation during the probationary period will not 23 have an adverse impact on the sponsor’s completion rate; 24 (xxi) Compliance with 29 C.F.R. Part 30, including the equal opportunity pledge prescribed 25 in 29 C.F.R. § 30.3(b); an affirmative action plan complying with 29 C.F.R. § 30.4; and a method 26 for the selection of apprentices authorized by 29 C.F.R § 30.5, or compliance with parallel 27 requirements contained in a state plan for equal opportunity in apprenticeship adopted under 29 28 C.F.R. Part 30 and approved by the department. The apprenticeship standards must also include a 29 statement that the program will be conducted, operated, and administered in conformity with 30 applicable provisions of 29 C.F.R. Part 30, as amended, or if applicable, an approved state plan for 31 equal opportunity in apprenticeship; 32 (xxii) Name and address, telephone number, and e-mail address (if applicable) of the 33 appropriate authority under the program to receive, process, and make disposition of complaints; 34 LC004556/SUB A - Page 23 of 28 (xxiii) Recording and maintenance of all records concerning apprenticeship as may be 1 required by the office of apprenticeship or the department of labor and training and other applicable 2 law. 3 28-45-10. Definitions. 4 For the purposes of this chapter: 5 (1) “Apprenticeable occupation” is an occupation which possesses all of the following 6 characteristics: 7 (i) It is customarily learned in a practical way through a structured, systematic program of 8 on-the-job supervised learning. 9 (ii) It is clearly identified and commonly recognized throughout an industry. 10 (iii) It involves the progressive attainment of manual, mechanical, or technical skills and 11 knowledge, which is in accordance with the industry standard for the occupation, that requires the 12 completion of at least a minimum of two thousand (2,000) hours of on-the-job learning to attain 13 experience. 14 (iv) It requires related instruction to supplement the on-the-job learning. 15 (2) “Apprenticeship agreement” means a written agreement complying with 29 C.F.R. § 16 29.7 between an apprentice and either the apprenticeship program sponsor, or an apprenticeship 17 committee acting as agent for the program sponsor(s), that contains the terms and conditions of the 18 employment and training of the apprentice. 19 (3) “Council” means the apprenticeship council as established by § 28-45-2. 20 (4) “OA” means office of apprenticeship, United States Department of Labor. 21 (5) “Secretary” means Secretary of the United States Department of Labor. 22 28-45-13. Standards of apprenticeship agreements. 23 All apprenticeship agreements submitted for approval and registration with the department 24 of labor and training shall contain explicitly or by reference standards adopted by the council, 25 including: 26 (1) Names and signatures of the contracting parties (apprentice and the program sponsor 27 or employer), and the signature of a parent or guardian if the apprentice is a minor. 28 (2) The date of birth of the apprentice and on a voluntary basis the social security number 29 of the apprentice. 30 (3) Name and address of the program sponsor and the registration agency. 31 (4) A statement of the occupation, trade, or craft in which the apprentice is to be trained, 32 and the beginning date and term (duration) of apprenticeship. 33 (5) A statement showing: 34 LC004556/SUB A - Page 24 of 28 (i) The number of hours to be spent by the apprentice in work on the job in a time-based 1 program or a description of the skill sets to be attained by completion of a competency-based 2 program, including the on-the-job learning component; or the minimum number of hours to be 3 spent by the apprentice and a description of the skill sets to be attained by completion of a hybrid 4 program. 5 (ii) The number of hours to be spent in related and supplemental instruction in technical 6 subjects related to the occupation which is recommended to be not less than one hundred forty-four 7 (144) hours per year. 8 (6) A statement setting forth a schedule of the work processes in the occupation or industry 9 divisions in which the apprentice is to be trained and the approximate time to be spent at each 10 process. 11 (7) A statement of the graduated scale of wages to be paid the apprentice and whether or 12 not the required related instruction shall be compensated. 13 (8) Statements providing: 14 (i) For a specific period of probation during which time the apprenticeship agreement may 15 be terminated by either party to the agreement upon written notice to the department of labor and 16 training, without adverse impact on the sponsor; and 17 (ii) That, after the probationary period, the agreement may be canceled at the request of the 18 apprentice, or may be suspended, or terminated by the sponsor, for good cause, with due notice to 19 the apprentice and a reasonable opportunity for corrective action, and with written notice to the 20 apprentice and to the department of labor and training of the final action taken. 21 (9) A reference incorporating as part of the agreement the standards of the apprenticeship 22 program as it exists on the date of the agreement and as it may be amended during the period of the 23 agreement. 24 (10) A statement that the apprentice will be accorded equal opportunity in all phases of 25 apprenticeship employment, and training, without discrimination because of race, color, religion, 26 national origin, or sex, sexual orientation, gender identity or expression, disability, age, or country 27 of ancestral origin, as set forth in § 28-5-5. 28 (11) Name and address, phone telephone number, and e-mail address (if applicable) of the 29 appropriate authority, if any, designated under the program to receive, process, and make 30 disposition of controversies or differences arising out of the apprenticeship agreement when the 31 controversies or differences cannot be adjusted locally or resolved in accordance with the 32 established procedure or applicable collective bargaining provisions. 33 28-45-14. State EEO plan. 34 LC004556/SUB A - Page 25 of 28 The state apprenticeship program system shall operate in conformance with the state law, 1 including the equal employment opportunity standards and regulations plan for equal employment 2 opportunity in registered apprenticeship programs as adopted by the Rhode Island department of 3 labor and training. 4 28-45-16. Reciprocity. 5 (a) When a sponsor of an a registered apprenticeship program registered and operating in 6 a neighboring state requests registration reciprocal recognition from the department of labor and 7 training to train apprentices for work projects in this state, the sponsor shall be granted registration 8 recognition, providing the sponsor conforms with the regulations and standards of the state of 9 Rhode Island for the occupation. 10 (b) An apprentice registered in an approved registered apprenticeship program in a 11 neighboring state will be awarded certification of registration for state purposes upon request and 12 on the condition that the neighboring state’s sponsorship program is registered with the appropriate 13 state apprentice agency. 14 (c) The department of labor and training shall have the authority to expand or limit the 15 number of states that are subject to the provisions of subsection (a) by regulation through the 16 promulgation of rules and regulations. 17 (d) The department of labor and training shall accord reciprocal approval for federal 18 purposes to apprentices, apprenticeship programs, and standards that are registered in other states 19 by the United States Department of Labor by another registration agency as defined in 29 C.F.R. § 20 29.2 or a registration agency recognized by the United States Department of Labor or a registration 21 agency recognized by the United States Department of Labor if the reciprocity is requested by the 22 apprenticeship program sponsor. Program sponsors seeking reciprocal approval must meet Rhode 23 Island wage and hour provisions and apprentice ratio standards. 24 SECTION 10. Section 28-45-18 of the General Laws in Chapter 28-45 entitled 25 "Apprenticeship Programs in Trade and Industry" is hereby repealed. 26 28-45-18. Vocational school training. 27 (a) The council on elementary and secondary education may authorize vocational schools 28 to provide apprenticeship classroom training to students subject to the approval of the Rhode Island 29 department of labor and training. 30 (b) In the event the council authorizes state-certified apprenticeship training under 31 subsection (a), and a student successfully completes the vocational school program, then the student 32 shall receive apprentice credit, to be applied against a state-certified apprenticeship program 33 requirement set forth by the state apprenticeship council pursuant to § 28-45-13, for one hundred 34 LC004556/SUB A - Page 26 of 28 forty-four (144) hours of apprenticeship classroom training. 1 LC004556/SUB A - Page 27 of 28 SECTION 11. This act shall take effect upon passage. 1 ======== LC004556/SUB A ======== LC004556/SUB A - Page 28 of 28 EXPLANATION BY THE LEGISLATIVE COUNCIL OF A N A C T RELATING TO BUSINESSES AND PROFESSIONS -- ELECTRICIANS *** This act comprehensively amends the state’s apprenticeship laws to make them more 1 consistent with applicable federal regulations and makes said laws more comprehendible and 2 consistent with each other. 3 This act would take effect upon passage. 4 ======== LC004556/SUB A ========