2.1 As used in these regulations:
(1) "Board" means the 7-member appointed Building Contractors' Registration Board.
(2) "Commission" means the Building Code Commission supportive of the Building Contractors' Registration Board.
(3) A "Builder", "Contractor" is a person who has a contract, either oral or written, with the owner of a structure to perform work subject to Chapter 5-65 or who is building a structure speculatively; 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. A "contractor" includes, but is not limited to, any person which, in the pursuit of an independent business, undertakes or offers to undertake or submits a bid to perform or arranges for the performance of any of the following, unless specifically excluded under the provisions of the law.
(A) Construction, alteration, repair, improvement, moving, or demolition of residential apartments of four units or less, homes, carports, garages, or condominiums, including all appurtenances, as herein after defined whether done speculatively or under contract.
(B) Alteration, repair, improvement, set up or demolition of mobile homes, including all appurtenances, as herein after defined, whether done speculatively or under contract.
(C) Installation or repair in a residence of: Air Conditioning (self-contained through wall);Alarms; Appliances (built-in); Asphalt driveways or walks; Awnings; Barbecues (built-in); Basements; Bathtub enclosures; Cabinets; Cable TV wiring; Carpeting or other floor coverings; Chimneys or flues; Closet systems (built-in) Countertops; Drywall or plaster; Elevators (residential); Fans or ventilating equipment; Fence installations; Fireplaces or wood-burning stoves; Foundations; Framing; Garage doors or garage door opening equipment; Glass or glazing; Gutters and downspouts; Hardwood flooring; Insulation, storm windows, or other weatherization; Iron or other metal work; Laminates; Lath; Lawn sprinkler systems; Locks; Masonry; Millwork and trim; Painting exterior and interior; Paneling; Pools; Roof structures; Roofing or flashing; Saunas, hot tubs, spas (built-in); Security systems; Sewer lines; Sheet metal; Shower doors or shower enclosures; Siding; Skylights; Solar energy systems or equipment; Stairways; Stucco or gunite; Telephone prewiring and cable installation; Tile or grouting; Underground drain lines when not regulated by another agency; underlayment; Vacuum systems (built-in); Wallcovering installers; Water lines (exterior); Water purification or conditioning equipment; Waterproofing; Weatherstripping; Well installers; Window treatments.
(D) Residential work including:
(a) Excavation for the structure or its appurtenances.
(b) Backfill or grading when rough grading the site to accomplish proper drainage and not for landscaping.
(c) Trenching when done for the structure, its appurtenances or the installation of lawn sprinkler systems.
(d) Concrete flatwork, including installation, cutting or breaking, when related to the structure or its appurtenances.
(e) Curbing or paving when related to the structure or its appurtenances.
(f) Installation or repair of an "appurtenance" as defined in this rule.
(g) Pest control, if in the course of that work any structural repairs are performed.
(i) Pressure washing;
(j) Chemical treatment
(h) Chimney or flue repair
Installation of modular housing constructed off site homes.
(F) Labor only, regardless of whether compensated by the hour or by the job.
(G) Development of lots as a developer with the intent of selling residence(s), contracting with a builder - contractor to construct, alter or improve residence(s) on land owned by the developer.
(4) Building Officials - official charged with administration and enforcement of the State Building Code.
(5) "Appurtenance" is limited to one of the following, located on land owned by the owner of the structure to enhance the residential use of the structure.
(a) Garage or carport;
(b) Porch, patio, decks and deck steps, docks, sheds, gazebos, walkways, or fencing;
(d) An installation for domestic water supply including well drilling, installation and repair of pumps;
(e) 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;
(f) Swimming pools;
(h) Stone/masonry walls.
(6) "Residence", as defined in section 5-65-1 does not include:
(a) Commercial improvements or dwellings otherwise residential in nature used for commercial purposes, or
(b) Buildings primarily commercial which contain one to four apartment units or where the owners of the building provide medical care, supervision, counseling or other services to the residents of the structure.
(7) "Structure" includes modular and mobile homes, which come within the jurisdiction of the Board as structures at the time they are placed on support blocking or permanent foundations in the place they will be used.
(8) "Person" means a self-employed individual, a partnership, or a corporation.
(9) "The pursuit of an independent business: as used in Section 5-651(4) means that the person operates as an independent builder - contractor. Evidence of operating as an independent builder - contractor and not as an employee may include, but not be limited to the following criteria:
(a) Is free from close supervision by the homeowner or builder/contractor over the details of the work being performed, including hours of work;
(b) Enters into a contract, either oral or written, which calls for the completion of certain work on a specific project or job site for which payment is made on a per-hour, time-and materials, barter, or entire job basis;
(c) May have two or more effective contracts at any one time;
(d) Hires and supervises other subcontractors and/or employees and may be responsible for business insurance and payroll taxes if help is hired;
(e) Enters into a contract, either oral or written, which does not require the employer to consider remuneration paid to be wages for the purposes of unemployment compensation benefits, workers' compensation payments, or federal or state withholding;
(f) Uses as normal business practices, telephone services, business cards, or commercial advertising;
(g) Furnishes substantially all of the equipment, tools, and supplies necessary to carry out contractual obligations.
(10) "Casual, minor or inconsequential" as used in Section 5-65-2(4) means work not of a structural nature which cannot affect the health or safety of the owner or occupant of the structure, the value of which is less than $1,000.00/$500.00.
(11) "Speculative" means in anticipation of or with the intent of selling to another entity during or after construction.
(12) A "subcontractor" is a person who has a contract, either oral or written, with a builder/contractor but not with the owner of the structure to perform work subject to Chapter 5-65 and who is responsible for a specific portion of the project.
(13) "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 builder/contractor, or if not substantially completed, the date work by the original builder/contractor ceased.
(14) "Substantial completion" may occur at the time of, but not be limited to, the following events: final inspection is completed, certificate of occupancy is issued, the house or portion of house is in a habitable or usable condition, most or all of payment is made.
(15) "Occupancy" may occur at the time of but not be limited to the following events: a majority of furniture and personal belongings is moved in, utility service begins, certificate of occupancy is issued, resident prepares meals and remains overnight.
(16) "Monetary damages" is the dollar amount required in excess of the contract amount to provide the claimant what was agreed tobe provided under the terms of the contract minus any amount due and unpaid to the registrant.
(17) "Labor" as used in Section 5-65-11(4) means work subject to Chapter 5-65 performed as an employee of a registrant as well as work subject to Chapter 5-65 contractor and contractor and a subcontractor.
(18) A "developer" is a person who owns property and contracts with a general contractor or builder to construct, improve or alter one or more residences on the land for the purpose of selling those residences to their final owners.
(19) "For compensation and with the intent to sell" as used in Section 5-65-1 is not intended to include real estate licenses engaged in professional real estate activities as defined in Chapter 5-20.5 of the General Laws, unless arrange to have work performed or a house constructed.
(20) An "owner of a structure" means a person not required to be registered under Section 5-65-2 who has a structure built by or who purchases a structure from a builder/contractor or developer or who owns a structure on which alterations or repairs are being or have been made, and who owns that structure either as a personal residence, place of business, or rental.
(21) A "registrant or applicant" shall include the owner, individual partners (including joint ventures), or individual corporate officers who make application to register or subsequently operate the individual proprietorship, partnership (joint venture), or corporation as well as the individual proprietorship, partnership (joint venture), corporation.
(a) An "employee claim" is a claim for unpaid wages filed by an employee employed by a registrant to perform work subject to Chapter 5-65.
(b) A "material claim" is a claim filed by a registered supplier who has not been paid for materials sold to a registrant to be used and installed in a specific structure located within the boundaries of the State of Rhode Island, or for the rental of equipment to a registrant to be used in the performance of the work of a registrant in connection with such a structure. A claim may not be made for nonpayment for tools sold to a registrant, for equipment sold to a registrant and not fabricated into a structure, for interest or service charges on an account, or for materials purchased as stock items.
(c) A "subcontractor claim" is a claim filed by a registered subcontractor arising out of a contract between the subcontractor and a general contractor or builder for unpaid labor and/or materials furnished under the contract.
(d) An "owner claim" is a claim filed by an owner of a structure for breach of contract, or for negligent or improper work subject to Section 5-65-11, or a mechanics lien claim.
(e) A "mechanics lien claim" is a claim filed by an owner against a builder/contractor or a subcontractor, when the owner is acting as a builder/contractor, to discharge or to recoup funds expended in discharging a mechanics lien. A mechanics lien claim may not include excess interest paid as the result of the owners inability to refinance at a lower interest rate due to the existence of the lien.
(f) A builder/contractor claim is a claim by a registered builder/contractor against a registered subcontractor.
(g) A "testing claim" is a claim for unpaid labor or materials supplied in conjunction with a particular structure, for soil, asphalt, or concrete testing.
(23) A"Dishonest" or fraudulent conduct injurious to the welfare of the "public" includes, but is not limited to, the following:
(a) Acting in a manner that, because of a wrongful or fraudulent act by the applicant or registrant as builder/contractor, has resulted in injury or damage to another person; or
(b) Failing to pay monies when due for materials or services rendered in connection with the applicant's or registrant's operations as a builder/contractor when the applicant or registrant has received sufficient funds as payment for the particular construction work project or operation for which the services or materials were rendered or purchased; or
(c) Accepting payment in advance on a contract or agreement and failing to perform work or provide services required by the contract or agreement and failing to return the payment; or
(d) Giving false, misleading or deceptive advertising whereby a reasonable person could be mislead or injured; or
(e) Submitting an application for registration that includes false or misleading information.
(24) The "date the registrant incurred the indebtedness", regarding material claims, is the date of delivery or the date the purchaser takes possession of the materials. If the delivery date is unknown, the date of the invoice applies except that in the case of special or custom ordered materials, the date of order constitutes the date of indebtedness.
(25) "Nature and complexity" includes, but is not limited to the following meaning:
(a) Involves issues requiring legal interpretation of statutes in addition to Chapter 5-65 (i.e. contract law, corporate law, etc.); or
(b) In the interest of fairness and equity, requires rulings on persons or entities outside the jurisdiction of the Commission.
(c) Is outside the expertise of the commission.
(26) "Employee" means any person suffered or permitted to work by an employer, who receives wages, except that independent contractors or subcontractors shall not be considered employees. Documents such as W-2's, payroll taxes, and IRS forms, may be requested by the Commission to substantiate on an employee's status.
(27) "Employer" means any individual, firm, partnership, association, joint stock company, trust, corporation, receiver, or other like officer appointed by a court of this state, and any agent or officer of any of the above mentioned classes, employing any person in this state.
(28) "Wages" shall mean all amounts at which the labor or service rendered is recompensed, whether the amount is fixed or ascertained on a time, task, piece, commission basis, or other method of calculation.