Rhode Island Code of Regulations
Title 440 - Contractors' Registration and Licensing Board
Chapter 10 - General Administration, Registration, Licensing, and Filing Claims
Subchapter 00 - N/A
Part 1 - General Rules and Regulations for Applications, Registration, Licensing, Claims, Violations, and Administrative Hearings
Section 440-RICR-10-00-1.4 - General Definitions

Universal Citation: 440 RI Code of Rules 10 00 1.4

Current through September 18, 2024

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

15. "Department" means the Department of Business Regulation.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Disclaimer: These regulations may not be the most recent version. Rhode Island may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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