§ 5-65.4-3. Licensing.
(a) In addition to the provisions of chapter 65 of this title, the contractors' registration and licensing board is authorized to establish a program
to license contractors that supervise the construction of new residential structures,
or structurally remodel existing residential structures, to ensure persons performing
such are properly qualified to conduct the work. As determined by the contractors'
registration and licensing board, contractors only performing nonstructural home improvement
work shall remain subject exclusively to the registration system in chapter 65 of this title.
(b) The license program shall not create an unreasonable barrier to entry nor inhibit
trade or competition, but shall be designed to advance consumer protection by establishing
a standard of competency and enhance ongoing adherence to building standards and codes
through continuing education, code competency demonstrations, or industry training
programing. The board may create a reasonable license pathway or substantive evidence
standard to issue licenses to contractors registered prior to January 1, 2027, but
it shall not be a grandfathering based solely on registration status prior to January
1, 2027.
(c) The board may adopt, for licenses granted under this chapter, any policy or procedure
applicable to registrations under chapter 65 of this title that does not conflict with the provisions of this chapter; provided, however, that
any penalties issued pursuant to this chapter shall be determined by the board and
the state building office shall assist the board with the administration of such penalties.
(d) On or before January 1, 2027, the contractors' registration and licensing board shall
promulgate regulations to establish a licensing program for:
(1) Supervising construction of new residential structures; and
(2) Structurally remodeling of existing residential structures.
(e) Beginning on January 1, 2028, no person shall supervise the construction of a new
residential structure or structurally remodel an existing residential structure without
proper licensure from the contractors' registration and licensing board. A license
issued by the board to a contractor under this chapter shall serve to fulfill the
contractor registration requirements of chapter 65 of this title.
(f) Pursuant to board regulations, all persons seeking to be licensed as a new residential
structure construction supervisor or residential construction remodeler as defined
herein shall submit an application to the contractors' registration and licensing
board on the form or forms that the board requires. As specified by the board, the
application shall include, but not be limited to, the following information:
(1) The name and photo identification of the applicant;
(2) The business address of the applicant;
(3) The mailing address of the applicant;
(4) The telephone number of the applicant;
(5) Any registration number and/or other license number issued by the state, or any city
or town;
(6) A statement of the skills, training, and experience of the applicant sufficient to
ensure public safety, health, and welfare;
(7) Proof of insurance; and
(8) Agent of service for out-of-state contractors.
(g) To be eligible for licensure as a new residential structure construction supervisor
or as a residential construction remodeler, an applicant shall also, at a minimum,
fulfill the following requirements:
(1) Pass appropriate examination approved or administered by the contractors' registration
and licensing board;
(2) Be in good standing with and satisfy all requirements of the rules and regulations
established by the contractors' registration and licensing board; and
(3) Satisfy continuing education requirements as prescribed and recognized by the contractors'
registration and licensing board.
(h) The contractors' registration and licensing board is authorized to adopt rules and
regulations pursuant to chapter 35 of title 42 ("administrative procedures�), necessary to effectuate the purposes of this chapter.
Rules and regulations shall provide a fine schedule, which shall establish grounds
for discipline for license holders or non-licensed contractors. Fines shall be structured
not to exceed five thousand dollars ($5,000) per day, per offense for conduct injurious
to the welfare of the public, as well as those grounds for discipline established
pursuant to § 5-65-10.
(i) Any person applying for a license under this chapter and making any material misstatement
as to applicant's experience or other qualifications, or any person, firm, or corporation
subscribing to or vouching for any misstatement, shall be subject to the discipline
and penalties provided in § 5-65-10.
(j) No corporation, firm, association, or partnership shall engage in the business of
the construction of new residential structures or structurally remodeling of existing
residential structures, or represent itself as such, unless licensed by the contractors'
registration and licensing board. If the license holder dies or otherwise becomes
incapacitated, the corporation, firm, or association shall be allowed to continue
to operate until the next examination shall be given or such times as the board shall
see fit. In no event shall the corporation, firm, association, or partnership continue
to operate longer than twelve (12) months or in accordance with the board's established
rules and regulations without satisfying the license requirements of this chapter.