260-RICR-30-10-3. Weights and Measures (version Amendment, 12/24/2012 to 12/28/2018)

RHODE ISLAND DEPARTMENT OF LABOR AND TRAINING DIVISION OF OCCUPATIONAL SAFETY WEIGHTS AND MEASURES RULES AND REGULATIONS As amended: January 4, 2002 December 2012 (revised) The Director of Labor is mandated by Section 1.1 of Chapter 47-1 of the General Laws of Rhode Island as amended by Public Laws of 1988, to promulgate rules and regulations, not inconsistent with law to carry into effect the enforcement and administration of the provisions of this Chapter. Pursuant to Section 1.1 of Chapter 47-1 of the General Laws of Rhode Island, the following rules, regulations and penalties are hereby issued for the enforcement and administration of Title 47-1-1.1 Certification of Local Sealer Required -- Training Provision. Rule No. 1 An Introduction to Weights and Measures session shall be scheduled annually, prior to April of the year, by the certified metrologist or by an authorized agent of the Director of Labor, to provide basic information for any person considering an appointment to the municipal sealer position. The session will cover the following agenda: A. Applicants will view the hands-on training video demonstrating the basic procedures used in the testing of scales and gasoline measuring devices. B. A general question and answer session will be conducted with the applicants. C. Attendance to this introduction session is mandatory. Upon completion of this session, appointees shall participate in the training requirements of either Rule No. 2 or Rule No. 3, to fulfill the certification requirements. Rule No. 2 To attain certified status, all new appointees to the local sealer of weights and measures position are required to participate in a Technical Course in the field of weights and measures. When there are more than seven (7) new appointees, a 3-day training course will be conducted at the Department of Labor, by a professional agency. Application cost shall be born by the municipalities/participants of the 3-day training. The course agenda will be as follows: A. One half day - Fundamental Considerations, General Code of Handbook 44 B. One half day - Rhode Island General Laws pertaining to the municipal sealer of weights and measures. C. One full day "General Application of the Scale Code" D. One full day "General Application of the Gasoline Measuring Device Code" Rule No. 3 Where there is a new appointee, or when a Sealer is not available to participate in the 3-day Technical Course in Rule No. 2, the alternate course outlined below must be completed to fulfill the certificate requirements. A. Engage in a program of self-study of NIST Handbook 44, Section 2.20, Scale Code and Section 3, 3.30, Liquid Measure Devices (hereafter “NIST Handbook 44 section content areas. 1. Participants must study the NIST Handbook 44 section content areas as referenced herein. 2. The cost, if any, for participation in both NIST Handbook 44 section content areas shall be borne by the municipality/participants. B. The Department of Labor and Training shall issue a certificate of completion to participants upon completion of the NIST Handbook 44 content areas and the following: 1. Satisfactory demonstration of his/her field abilities to an authorized sealer of the Department of Labor and Training in the NIST Handbook 44 course content areas completed over a ninety (90) day period which shall include: i. Ten (10) hours of on-the-job training in Scale Code inspection under the direct supervision of a Department of Labor and Training authorized and appointed sealer. The Department of Labor and Training authorized and appointed sealer shall keep a log book of the participant’s on-the job training, and ii. Thirty (30) hours of on-the-job training in liquid measure device inspection under the direct supervision of a Department of Labor and Training authorized and appointed sealer. The Department of Labor and Training authorized and appointed sealer shall keep a log book of the participant’s on-the-job training. 2. Successful completion, with at least a score of 70%, on a written examination covering the NIST Handbook 44 section content areas and administered by the Department of Labor and Training. Participants must make request, in writing, to the Department of Labor and Training to test within thirty (30) days of completing their on-the-job training requirements. Participants who do not receive a passing score on the written examination may retest after thirty (30) days of receiving notice of unsuccessful completion of the written examination by making request, in writing, to the Department of Labor and Training to retest. Rule No. 4 Sealers having completed the course criteria of either Rule No. 2 or Rule No. 3, thereby rendering them "Certified", shall participate in technical courses relating to weights and measures, which may be offered annually by the department of Labor. Course criteria shall be based on changes to the Handbooks adopted by this state and/or by changes made to the Rhode Island General Laws. At no time shall these courses require more than 35 hours of annual training. Certificates will be automatically renewed on June 30 of each year unless an annual training is scheduled. If an annual training is scheduled, certificate renewal will be based upon successful completion of the course. Rule No. 5 Any person who has been appointed by a municipality to the sealer position, and has met the mandated requirements for certification shall be able to continue such certification status (RIGL 47-1-1.1), if he or she continues to participate in the annual training as covered by Rule No. 4, and shall be considered for assignments in other municipalities where said municipalities are without an active certified sealer. Sealers so assigned shall be responsible for all costs incurred while performing these sealer duties, and shall be subject to Rule No. 7. Assigned sealers shall submit to the Director of Labor or his/her authorized agent, a quarterly report for all testing performed during said quarter with the first report due on April 1, 1996 and the ensuing quarterly reports to be submitted on July 1, October 1, January 1 of each calendar year. Reports shall include the following: 1. number of tests performed, during the reporting quarter, in each sealer responsible area as mandated in 47-2, 47- 6, and 47-8 of the General Law: 2. the test numbers reported in no.1 shall include the name and address of the company owning the devices tested and the date of said testing and sealing. 3. submission of actual copies of the test reports used when performing sealer duties shall be provided when requested by the Director or his/her authorized agent; 4. the Director or his/her authorized agent shall have the authority to request for review the sealer receipt books to verify the fees charged for duties performed while under assignment by the Director of Labor. Rule No. 6 Local Sealers of Weights and Measures not in compliance with 47-1-1.1 of the General Laws shall be in direct violation of the mandate. Sealers, without having attained certified status, shall not be permitted to perform the duties of a sealer of weights and measures as described in 47-2, 47-6, 47-8, 47-12, of the General Laws. Notification of same shall be forwarded to the appointing authority in the town or city which the sealer represents by the certified metrologist, the Director of Labor or his/her authorized agent. Rule No. 7 Upon recommendation from the certified metrologist or the Director's authorized agent, the Director of Labor shall have the authority, after notice and hearing, to revoke the certificate of a sealer of weights and measures for cause as indicated herewith: Revocation for Cause: A. Failure to participate in the technical training as outlined in Rule No. 4. B. Failure to inspect the weights and measures apparatus in a timely fashion, as required by General Law. Sealers are responsible to perform all duties regarding inspections with limits being set only by the testing equipment available to him/her. C. Sealing of weights and measures apparatus without first performing the required test procedures. D. Failure to comply with the rate/revenue schedule for testing and sealing as mandated in 47-1-5.1, 47-2-7, 47-2- 9, and 47-8-1 of Rhode Island General Law. E. Conviction of a felony. The Director of Labor is mandated by Section 1-2 of Chapter 47-1 of the General Laws of Rhode Island as amended by Public Laws of 1988, to promulgate rules and regulations, not inconsistent with law to carry into effect the enforcement and administration of the provisions of this Chapter. Pursuant to Section 1-2 of Chapter 47-1 of the General Laws of Rhode Island, the following fee schedule for services rendered is hereby issued for the enforcement and administration of Title 47-1-2 titled Custody and maintenance of state standards -- Testing of standards. Category I Rhode Island Certified Sealers Category II Private Sector Category Type of Weighing/Measuring Apparatus Fee Schedule Field Weight Set: I Class F Tolerance $25.00 II Class F Tolerance $45.00 5-Gallon Test Measure: I Class F Tolerance no fee II Class F Tolerance $25.00 Weights: Less than 3 kg I Class F Tolerance no fee II Class F Tolerance $10.00 ea Over 3 kg I Class F Tolerance no fee II Class F Tolerance $20.00 ea