Rhode Island Proposes Amendments to Automotive Glass Law

The Rhode Island Department of Business Regulation (DBR) will hold a hearing in November to consider comments on proposed amendments to a law regulating motor vehicle glass installation in the state.

The public hearing will solicit comments from interested parties concerning the state government’s intent to amend Commercial Licensing Regulation 5 – Motor Vehicle Glass Installation (CLR 5), according to the Public Notice of Proposed Rulemaking, posted on state websites October 25. CLR 5 will be renamed “161-RICR-300-5-3 Motor Vehicle Glass Repair” as a part of the process to adopt the Rhode Island Code of Regulations (RICR).

The hearing is scheduled for Monday, November 14, 2016, at 10:00 a.m. at 1511 Pontiac Avenue, Bldg. 68/69, Cranston, Rhode Island 02920, at which time and place all persons interested therein will be heard.

CLR 5 was previously promulgated in accordance with Rhode Island law relating to automobile body repair shops. However, in 2015, the “Motor Vehicle Glass Consumer Protection Act” was adopted, creating new requirements specific to motor vehicle glass repair and replacement, according to the Public Notice document. The purpose of the proposed amendment is to update CLR 5 by incorporating new statutory requirements and conform with the new style of RICR.

A summary of the proposed non-technical changes in the proposed amendments are as follows:

1. To conform to the forthcoming RICR :
   1. Removing the table of contents and Effective Date Section
   2. Replacing section titles with RICR references that include part and section. The new citation for Motor Vehicle Glass Repair regulations will be 161-RICR-300-5-3.
2. Remove language related to “limited glass licenses” throughout the regulation because the licenses are no longer a category within automobile body repair licenses.
3. Replace “Installation” with “Repair” throughout the regulation to be consistent with the terminology in chapter 38.5.
4. Section 3.3 – Add and incorporate all necessary definitions from chapter 38.5, specifically including definitions for
   1. The terms used in R.I. Gen. Laws § 27-10.2.1 et seq. relative to “aftermarket parts”
   2. Definitions for mobile service vans and mobile-only operations
   3. Definitions for certain industry organizations that are relevant to technician certification and safety standards.
5. Section 3.4(B) – Change previous requirements for production of certain records to a certification, under the penalty of perjury, that the Applicant meets the requirements. This reduces the paperwork burden on both the applicant and on the DBR employee processing the applications. This change applies to: Technician Certifications; possession and maintenance of necessary equipment; all required licenses, permits and tax ID numbers.
6. Section 3.4(B) – Remove requirement for EPA number because it is not required by chapter 38.5. Moreover, after consultation with DEM, glass repair shops will rarely generate waste unless they are disposing out-of-date product. At the time of that disposal, a one-time temporary EPA number would be issued by DEM. Furthermore, any automobile body repair shops also performing auto glass repair will already have an EPA number.
7. Section 3.4(B)(10) – Remove this requirement for renewal applications to include evidence of compliance with state and local zoning, fire, health and safety laws. Clarify that evidence of compliance with state and local zoning, fire, health and safety laws is only required for new or transfer applications, consistent with recent amendments to Commercial Licensing Regulation 4 (“CLR 4”) – Motor Vehicle Body and Salvage Vehicle Repair.
8. Section 3.4(C) – Add provision clarifying existing procedure that chapter 38.5 codified, which requires each location to have a separate license.
9. Section 3.4(D) – Remove minimum value requirement (relative to value of equipment) because it is not required by chapter 38.5.
10. Section 3.4(D) – Add language to explain existing requirements that if a current Licensee changes business locations it must file a Transfer Application in order for their License to transfer to the new location. This is based on the various requirements tied to the physical location of the License.
11. Section 3.4(E) – Remove space requirements because it is not required by chapter 38.5. Motor vehicle glass repair and installation licenses have been excluded from this requirement under CLR 4 § 4F – Motor Vehicle Body and Salvage Vehicle Repair.
12. Section 3.4(E) – Add requirement of a $50,000 minimum per occurrence of garage keepers legal liability insurance, including comprehensive and collision for damage to customers’ vehicles, to protect costumers’ property and to follow suit with similar but higher requirements for automobile body repair shops. Increase the required general liability insurance to $300,000 minimum per occurrence. Change insurance requirements to a single combined limit rather than a single/total/property limit to match policies currently available in the marketplace.
13. Section 3.4(F) – Add requirements for display of licenses and advertisements that are set forth in chapter 38.5 and clarify some ambiguities noted by the industry working group.
14. Section 3.5 – Delete “Reinspection” provision because it is not required by chapter 38.5.
15. Section 3.5 – Add repair bills and record retention requirements to clarify statutory requirement set forth in R.I. Gen. Laws § 5-38.5-13.
16. Section 3.5(B) – Add requirement for notification to consumer in writing of appropriate post-repair practices and drive-away time necessary for the safe operation of the vehicle.
17. Section 3.6 – Remove “work completion certificate” because it is not required by chapter 38.5 and does not substantially help consumers to offset the additional burdens it creates.
18. Section 3.6 – Miscellaneous (Section 7 in existing CLR 5) – Add clarifying language to make existing provisions consistent with chapter 38.5. Add requirement for notification of change of email address. Add language to paragraph (F) clarifying and specifically referencing new definitions added to Section 3.3, above. Add paragraphs (G) and (H) for clarity and completeness relative to the statutory requirements for responsibility for acts of agents and corporate licensees.
19. Section 3.8 – Add technician certification requirements envisioned in § 5-38.5-4.
20. Section 3.9 – Add safety standards requirements in accordance with § 5-38.5-4 and codifying May 30, 2013 Commercial Licensing Bulletin issued by DBR.
21. Appendix A – Delete “Certification of Automobile Repairs” form because it is no longer required. See No. 17 above.

The text of the proposed amended regulation and the concise summary of non-technical amendments are available for public inspection at the DBR website, in person at DBR, 1511 Pontiac Avenue, Bldg. 68-69, Cranston, Rhode Island 02920.