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 3 - Rules and Regulations for Underground Utility Contractors
Section 440-RICR-10-00-3.4 - Definitions

Universal Citation: 440 RI Code of Rules 10 00 3.4

Current through September 18, 2024

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

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

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

c. Driveways, roads or bridges;

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

e. Swimming pools;

f. Sidewalks;

g. Stone/masonry walls;

h. Towers; and

i. Roadways and parking areas.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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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