§ 5-70-7 - Persons and work exempt.

SECTION 5-70-7

   § 5-70-7  Persons and work exempt. –The provisions of this chapter shall not apply to:

   (1) The work and equipment employed in connection with theoperation of signals, or the transmission of intelligence, and performed by anemployee of a municipality or public utility where that work and equipment isan integral part of the communication system owned and operated by amunicipality or by a public utility company; or in rendering that work that issubject to regulation under the authority of the public utility commission orthe Federal Communications Commission. Work and equipment are integral parts ofa communication system if the work and equipment are used to transmit telephonecalls or messages in those communication systems.

   (2) The work and equipment employed in connection with anycommunity antenna television system (CATV) subject to regulation under title 39by the division of public utilities; or any subcontractor of the CATV systemwhile performing the work, whether or not the work is deemed regulated ornon-regulated by a state or federal code, statute, regulation, or decision ofany regulatory authority or board.

   (3) The work and equipment employed in connection with anypublic or private radio or television station and/or service and theirauthorized agents that have in their employ a person holding a valid federalcommercial class license granted by the federal communication commission.

   (4) The work and equipment employed in connection with theinstallation and/or servicing of data processing systems or personal computersthat are provided by a data processing firm or corporation. This exemption doesnot extend to include work pursuant to this chapter.

   (5) This chapter shall not forbid the installation oftelecommunications systems in a single family residential building or on theimmediate premises of the building by the owner if the owner is living on, orabout to live on, the premises.

   (6) This chapter shall exempt and has no application to anyholder of an electrical contractor's license, certificate A, or the holder ofan electrician's journeyperson's license, certificate B, issued by the RhodeIsland department of labor and training, division of professional regulation,and an electrician apprentice registered by the department of labor andtraining working under the direct supervision of a holder of an electricianjourneyperson's license, Class B. Work performed pursuant to this chapter shallbe designed in accordance with the provisions of this chapter or amanufacturer's design and specification installation instruction.

   (7) This chapter shall not forbid any person who now holds alicense issued by the state in the performance of their normal duties; norshall it forbid any person who now holds a license to operate a moving picturemachine in the performance of their normal duties; provided, that the personholds a valid license that was granted by a town or city council in the stateor by an official, board, or agency endowed with authority to issue thatlicense. This exemption does not apply to work performed that is not directlyrelated to the performance of the duties of the license holder that areregulated under the valid license.

   (8) Any firm, corporation, or other form of legal entitywhich employs permanent staff to design, configure, install, or servicetelecommunications system(s) within its own organization, affiliates, members,or network. The organization shall be referred to as a "self-provider" forpurposes of this chapter.

   (ii) The staff employed by the self-provider shall not berequired to be licensed under this chapter while performing work in supportingthe telecommunications system(s) within its organization, affiliates, members,or network.

   (iii) However, should the self-provider contract any servicesprovided by the subject telecommunications system(s), those individualsperforming the work associated with the services shall not be exempt from thischapter and must hold the appropriate license under this chapter.

   (9) This chapter shall not forbid the work of any person whoholds a registration as a professional engineer in this state in theperformance of their normal duties; provided, that the work shall be stampedand signed in accordance with the rules and regulations of the board ofregistration of professional engineers.

   (10) The telecommunications work and equipment in mines,ships, railway rolling stock, or automotive equipment.

   (11) The work and equipment employed in connection withkindergarten through grade 12 schools or public libraries utilizing volunteersunder the direct supervision of a Rhode Island licensed telecommunicationsystem contractor (TSC), with no more than two (2) volunteers being directlysupervised by a telecommunication systems contractor (TSC).

   (12) The work and equipment employed in connection with anytelephone company with fifty thousand (50,000) or more access lines subject toregulation by the public utilities commission and/or the division of publicutilities, whether or not the work is deemed regulated or non-regulated by astate or federal code, statute, regulation, or decision of any regulatoryauthority or board.