230 R.I. Code R. 230-RICR-30-05-2.4

Current through December 3, 2024

Section 230-RICR-30-05-2.4 - Application for License

A. Application for Initial License and Renewals

1. In accordance with R.I. Gen. Laws § 5-38-4, no Person or business entity may engage in the Business of Motor Vehicle Body Work or the Business of Salvage Vehicle Repairing without first obtaining the appropriate License from the Department.

2. Term of License

a. The term of each Motor Vehicle Body License shall be for not more than three (3) years before a renewal application is required.

b. The expiration date of the License shall appear on the License. It is the obligation of the Licensee to timely renew its License.

3. Incomplete or Deficient Applications

a. Only complete applications will be reviewed by the Department. If the application is not approved as submitted, the Department shall provide the Applicant with a deficiency notice.

b. If the missing materials are not submitted to the Department within thirty (30) days of the date of the deficiency notice, the application shall be considered withdrawn.

4. Upon review and finding of the application to be satisfactory, the Department shall issue the applicable License.

5. Renewal of License

a. Renewal applications must be received by the Department prior to the expiration of the License.

b. Every Licensee registered pursuant to R.I. Gen. Laws Chapter 5-38 and this Part, which desires to renew its License shall apply for renewal upon a form to be furnished by the Department and requesting whatever information the Department requires.

c. Any renewal of a License shall be subject to the same provisions and requirements covering issuance, suspension, and revocation of any License as originally issued.

B. Application Requirements. Every Applicant for a Motor Vehicle Body License or renewal of an existing Motor Vehicle Body License must submit to the Department the following:

1. The completed application form adopted by the Department;

2. The License fee of three hundred dollars ($300.00) for each year the Motor Vehicle Body License is to be issued (the standard License term is three (3) years, and the corresponding fee is nine hundred dollars ($900.00), but one (1) or two (2) year licenses are available upon request);

3. A Certificate of Insurance to demonstrate financial responsibility sufficient to satisfy to the requirements of § 2.4(C) of this Part;

4. Evidence of compliance with State and local zoning, fire, health and safety laws and Regulations through proof of zoning approval (only required for new and transfer applications) and a letter from a local fire department or the State Fire Marshal;

5. A designation of the person and address, including an email address, where the Department may send notices;

6. An EPA number issued by the Rhode Island Department of Environmental Management ("DEM"), or a letter from DEM stating that they are not required to maintain such a number (only required for new and transfer license applications);

7. Evidence of Technician certification in compliance with the requirements of § 2.12 of this Part. This requirement shall not apply to Motor Vehicle Glass installation licenses.

8. A completed taxpayer status affidavit; and

9. Certification that they are in good standing with the Rhode Island Secretary of State (only required for corporations and limited liability companies).

C. Evidence of Financial Responsibility (Insurance)

1. Each Applicant shall furnish to the Director and maintain during the terms of the Motor Vehicle Body License a certificate of insurance issued by an insurance company licensed to transact business in this State showing that the Applicant has a policy insuring him, her or it against liability for injury to persons and damage to property which may be caused by the operation of the business. Such policy shall provide for:

a. Bodily injury and property damage liability in the amount of not less than five hundred thousand dollars ($500,000.00) per occurrence; and

b. Garage keepers' legal liability including comprehensive and collision for damage to customers vehicles in the amount of not less than one hundred thousand dollars ($100,000.00) per occurrence.

2. Such insurance shall be non-cancelable by either party to the contract, except with five (5) days prior written notice to the Department furnished by the Licensee. Licensee shall also instruct the insurance company that issued the policy to send written notice to the Department at least five (5) days prior to any cancellation of the contract. Cancellation shall be effective not sooner than five (5) days after receipt of said notice by the Department from the Licensee or insurance company, whichever is earlier. Any Licensee subject to such insurance cancellation shall obtain a replacement insurance policy and shall furnish to the Director a certificate of insurance evidencing new insurance coverage sufficient to meet the requirements listed above or see § 2.4(G) of this Part.

3. Licensees shall instruct their insurer to send cancellation notices to the Department at the following address:

Department of Business Regulation

Commercial Licensing Division, Attn: Auto Body

1511 Pontiac Ave

Cranston, RI 02920

D. Space Requirements. Except as otherwise provided below, Licensees must conduct the Motor Vehicle Body Work and Salvage Vehicle Repair Work at a fixed location with at least four thousand (4,000) square feet of heated ground level floor space, with a specific location and common boundaries where Motor Vehicles may be serviced.

1. The provisions of this paragraph do not apply to any Licensees in existence and having a valid License as of the date of this Regulation.

2. Upon written request, the Department may waive the minimum space requirements in part or in whole upon a written finding by the Department that there will be minimal or no adverse effect to the public.

3. Paintless Dent Repair Special Use License holders are not required to have a fixed location in accordance with R.I. Gen. Laws § 5-38-1.

E. On Site Inspection. Before issuing a License a field representative of the Department may make an on-site inspection of the Applicant's business premises.

F. Display of Licenses. Every Licensee must conspicuously display the Motor Vehicle Body and Salvage Vehicle Repair Work license issued by the Department at the location listed on the license. The license number must appear on all business communications, estimates, signs, business cards, and other written documentation related to that business.

G. Continuing Licensing Requirements. Each Licensee is required to remain in compliance with this Part throughout the term of their License. If a Licensee becomes aware that they are not in compliance, the Licensee shall notify the Department of the deficiency within thirty (30) days. Such notification shall identify a plan of correction. Any Licensee shall have sixty (60) days to return to full compliance with these rules before their license may be revoked for violating this provision.

230 R.I. Code R. 230-RICR-30-05-2.4

Amended effective 5/26/2022