HAWAII ADMINISTRATIVE RULES
TITLE 16
DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
CHAPTER 77
CONTRACTORS
Subchapter 1 General Provisions
§16-77-1 Authority
§16-77-2 Objective
§16-77-3 Definitions
§16-77-4 Licenses required
Subchapter 2 Processing Licensing Applications
§16-77-6 Application for license
§16-77-7 Repealed
§16-77-8 Responsibility of applicant to furnish information; notice by the
board
§16-77-9 Signing and verification of application
§16-77-10 Supporting documents required
§16-77-11 Denial of license application
§16-77-12 Application fees
§16-77-13 When partnership or joint venture requires a license
§16-77-14 Posting of information in license application
§16-77-15 Action on applications
Subchapter 3 License Qualifications
§16-77-18 Experience requirement
§16-77-19 Power of board to approve training as experience
§16-77-20 Power of board to accept equivalent knowledge
Subchapter 4 Conditional License
§16-77-24 Power of board to issue conditional licenses
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Subchapter 5 Classification
§16-77-28 All contractors classified
Subchapter 6 Scope of Classifications
§16-77-32 General engineering, general building, and specialty contractors
§16-77-33 Limitation of classifications
§16-77-34 Work incidental and supplemental
§16-77-35 Additional classifications
Subchapter 7 Examinations
§16-77-39 Examination - part I
§16-77-40 Examination - part II
§16-77-41 Examination not required
§16-77-42 Use of interpreters
§16-77-43 Notice of examination
§16-77-44 Passing grade
§16-77-45 Failure to pass examination
§16-77-46 Examination misconduct
Subchapter 8 Renewal of Licenses
§16-77-49 Notice of renewal
§16-77-50 Date for filing
§16-77-51 Restoration of forfeited license
§16-77-52 Board may refuse to renew
§16-77-53 Proper filing authorizes contractor to operate
§16-77-54 Renewal fees
§16-77-55 Conditions for renewal of license
§16-77-56 Inactive status
Subchapter 9
§16-77-59 Repealed
Subchapter 10 Suspension, Revocation, Dissociation, Dissolution
§16-77-63 Alternatives in lieu of revocation or suspension
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§16-77-64 Notice due board on death, dissociation, or disability of RME;
forfeiture of license
§16-77-65 Board jurisdiction to proceed
Subchapter 11 Ownership and Management of License
§16-77-69 License issued
§16-77-70 Direct management of the contracting business
§16-77-71 Principal and subordinate RMEs
§16-77-72 RME for more than one contracting entity
§16-77-73 License nontransferable
§16-77-74 Repealed
§16-77-75 Revocation, suspension, termination, withdrawal, forfeiture, and
refusal to renew license of RME; fines
§16-77-76 Maintenance of bond
Subchapter 12 Disclosure to Owners; Contracts
§16-77-79 Disclosure to homeowners
§16-77-80 Homeowner contracts
Subchapter 13 Advertising Practices
§16-77-83 Advertising through the media
Subchapter 14 Place of Business
§16-77-87 All licensees to have place of business
§16-77-88 Change of address
§16-77-89 Place of business for out-of-state licensees
Subchapter 15
§16-77-93 Repealed
Subchapter 16 Responsibility for Good Workmanship
§16-77-97 Performance
Subchapter 17 Recovery and Education Funds
§16-77-100 Recovery fund assessments
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§16-77-1
§16-77-101 Use of education fund fees
Subchapter 18 Administrative Procedures
§16-77-105 Administrative practice and procedure
§16-77-106 Oral testimony
§16-77-107 Referral for hearing
Subchapter 19 Asbestos Contractors
§16-77-111 Definitions
§16-77-112 License required
§16-77-113 Requirements for license
§16-77-114 Training requirements
§16-77-115 Examination
§16-77-116 Conditions for renewal of license; refresher training courses
§16-77-117 Revocation, suspension, and renewal of license
SUBCHAPTER 1
GENERAL PROVISIONS
§16-77-1 Authority.
Authority to adopt rules by the board is found in
chapter 444, Hawaii Revised Statutes. [Eff 8/14/80; am and ren §16-77-1, 6/22/81;
am and comp 11/7/83; comp 4/14/88; am and comp 12/9/02; comp 4/15/04] (Auth:
HRS §444-4) (Imp: HRS §444-4)
§16-77-2 Objective.
The board interprets the primary intent of the
legislature in creating the contractors license board to be the protection of the public
health, safety, and general welfare, in dealing with persons engaged in the
construction industry, and affording to the public effective and practical protection
against the incompetent, inexperienced, unlawful, and unfair practices of contractors
with whom the public contracts. All rules adopted by the board shall be interpreted
and construed in light of the policies set forth in this section. [Eff 8/14/80; am and
ren §16-77-2, 6/22/81; am and comp 11/7/83; comp 4/14/88; comp 12/9/02;
comp 4/15/04] (Auth: HRS §444-4) (Imp: HRS §444-4)
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§16-77-3
§16-77-3 Definitions.
As used in this chapter or in chapter 444, HRS:
"Board" means the contractors license board.
"Building permit" means and includes any type of permit issued or required
by the county or other local subdivision of the State as a condition precedent to the
construction, alteration, improvement, demolition, or repair of any building or
structure.
"Contracting entity" means any individual who has met the experience and
financial integrity requirements for a license to engage in the contracting business or
a corporation, partnership, joint venture, limited liability company, or other entity
who has met the financial integrity requirements to engage in the contracting
business and who has in its employ, a responsible managing employee.
"Current credit report" means a credit report covering at least the previous
five years and issued within six months of the application date.
"Current financial statement" means a financial statement prepared within
twelve months of the application date.
"Current proof of payment arrangement" means a payment arrangement
issued by the department of taxation within six months of the application date, or
September 30 of the even-numbered year if renewing a license.
"Current state tax clearance" means a tax clearance issued within six months
of the application date, or September 30 of the even-numbered year if renewing a
license.
"Employee" as used in section 444-2(6), HRS, means an individual who
receives wages as sole compensation from, and works under the supervision of, an
employer who is a contracting entity and who is liable for paying the social security
and unemployment taxes on the individual and provides workers' compensation
coverage for the individual.
"Fabrication" as used in defining the scope of work in various specialty
classifications means field fabrication as opposed to shop fabrication which does not
require a contractor's license.
"Financial integrity" means financial responsibility, financial capacity, and
history of personal integrity to operate as a contractor and to engage in the
contracting business.
"Home improvement contracting" means undertaking or holding oneself out
as being able to undertake directly or indirectly renovation, remodeling, repairing, or
otherwise improving a residential property for compensation.
"Owner builder exemption" means an owner or lessee of property is exempt
from the contractors license law if the structure to be built or improved is for the
owner's or lessee's own personal use and not for use or occupancy by the general
public; provided that the structure so built or improved is not offered for sale or lease
in its entirety or in part within one year after its completion; and, provided further
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§16-77-3
that the owner or lessee registered for the exemption as provided in section 444-9.1,
HRS.
"Partnership" includes, without limitation, general partnerships, limited
partnerships, and limited liability partnerships.
"Responsible managing employee" or "RME" means the individual who is a
bona fide employee of the contracting entity that maintains a current contractor's
license, and who qualifies the contracting entity for a contractor's license in the
licensed classifications held by the individual.
"SEC" means the Securities and Exchange Commission. [Eff and comp
4/14/88; am and comp 12/9/02; comp 4/15/04] (Auth: HRS §444-4) (Imp: HRS
§§444-2, 444-4, 444-9.1, 444-11)
§16-77-4 Licenses required.
(a) No person within the purview of this
chapter shall act, or assume to act, or advertise, as a contractor, general engineering
contractor, general building contractor, or specialty contractor without a license
previously obtained under and in compliance with this chapter and chapter 444,
HRS.
(b) A license may be required for work which poses a potential danger to
public health, safety, and welfare even if there may be less than ten persons qualified
to perform the work.
(c) Any individual, salesperson, associations of salespersons or entity
who solicits for or negotiates a contract or offers to undertake construction work on
behalf of more than one contractor shall be treated as a contractor and shall be
required to have a contractor's license. [Eff and comp 4/14/88; am and comp
12/9/02; comp 4/15/04] (Auth: HRS §§444-2, 444-9) (Imp: HRS §§444-2, 444-4,
444-9, 444-11)
SUBCHAPTER 2
PROCESSING LICENSING APPLICATIONS
§16-77-6 Application for license.
(a) Each applicant for a contractor's
license shall fully complete the application form and submit all supporting
documents before the application will be accepted. The application is designed to
obtain from the applicant the following:
(1) A complete statement of the general nature of the applicant's
contracting business;
(2) If the applicant is an individual, the applicant's name and address; if a
partnership, the names and addresses of all partners and RME(s); if a
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§16-77-8
corporation, the names and addresses of all officers and RME(s); if a
joint venture, the names and addresses of the members thereto, their
officers, and RME(s); if a limited liability company, the names and
addresses of all members, managers, and RME(s). Persons acting in
any of the capacities set forth in this paragraph shall be deemed to be
personnel or employees of the applicant;
(3) A complete record of all previous experience of the applicant
(individual or RME) in the field of construction;
(4) Whether the applicant or the applicant's personnel or employees, or
anyone with whom the applicant or the applicant's personnel has
been associated with in the contracting vocation, has ever been
licensed or had a professional or vocational license refused,
suspended, terminated, forfeited, revoked, or otherwise disciplined;
and
(5) Proof that the applicant has currently satisfied all of the applicable
requirements of the department's business registration division.
(b) Nothing in this section shall limit the board's authority to seek from
an applicant or applicant's personnel or associates any other information pertinent to
the character, experience, reputation for honesty, truthfulness, financial integrity, and
fair dealing, and past and future methods of doing business as may be deemed
necessary in order to pass upon the applicant's qualifications. [Eff 8/14/80; am and
ren §16-77-6, 6/22/81; am and comp 11/7/83; am and comp 4/14/88; am and comp
12/9/02; comp 4/15/04] (Auth: HRS §§444-4, 444-12) (Imp: HRS §§436B-11,
444-9, 444-10, 444-11, 444-12, 444-16)
§16-77-7 Repealed. [R 4/14/88]
§16-77-8 Responsibility of applicant to furnish information; notice by the
board. (a) Each individual, RME, officer, director, member, manager, or partner of
an applicant or of its joint venturers shall furnish the information requested in the
forms prescribed by the board. Any trade name used by a contracting entity shall
have been previously registered with the department's business registration division
and shall be filed with the board. In the event of any change of information provided
on the application, the applicant or the licensee shall notify the board in writing
within ten business days of any change.
(b) Any requirement that the board provide notice under chapter 444,
HRS, or this chapter shall be deemed met if notice is sent to the last known address
on file with the board. [Eff 8/14/80; am and ren §16-77-8, 6/22/81; am and comp
77-7
§16-77-8
11/7/83; am and comp 4/14/88; am and comp 12/9/02; comp 4/15/04] (Auth: HRS
§444-4) (Imp: HRS §§444-4, 444-9, 444-12, 444-14)
§16-77-9 Signing and verification of application.
Every application for a
license shall be signed by the individual applicant or the applicant's authorized
representative. Evidence of the authority of the authorized representative shall be
filed with the application. [Eff 8/14/80; am and ren §16-77-9, 6/22/81; am and comp
11/7/83; am and comp 4/14/88; am and comp 12/9/02; comp 4/15/04] (Auth: HRS
§§444-4, 444-9, 444-12) (Imp: HRS §444-12)
§16-77-10 Supporting documents required.
(a) Every applicant shall furnish
the following supporting documents:
(1) A minimum of three notarized letters certifying the individual's or
RME's history of honesty, truthfulness, financial integrity, and fair
dealing, and experience qualifications in the classification(s) applied
for;
(2) A current credit report covering at least the previous five years of
each individual applicant, RME, member of a joint venture, partner
of a partnership, manager or member of a limited liability company,
and each officer of a corporate entity unless the sto
ck of that
corporate entity is publicly traded in which case the requirements in
paragraph (3) shall apply;
(3) Corporate entities that are publicly traded shall, at a minimum,
provide the following:
(A) Current credit reports of its RME(s);
(B) A copy of the prospectus currently filed with the SEC;
(C) If available, a copy of the current Standard and Poors, Dun
and Bradstreet, or other similar board-approved credit rating
report on the corporation;
(D) Copies of any proxy statements prepared in the last five years
under the requirements of section 14 of the Securities and
Exchange Act of 1934, as amended; and
(E) If the corporate entity has been publicly traded for:
(i) At least five years, the corporate entity shall provide
copies of the Form 10-Ks filed within the last five
years with the SEC pursuant to section 13 or 15(d) of
the Securities and Exchange Act of 1934, as
amended; or
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§16-77-8
(ii) Less than five years, the corporate entity shall provide
copies of the Form 10-Ks currently filed with the
SEC; provided that if the corporate entity meets all
the other licensing requirements under this chapter
and chapter 444, HRS, the corporate entity may be
issued a conditional license under section 16-77-24
with the condition that, at a minimum, it continue to
provide copies of its future Form 10-Ks filed with the
SEC so that the board has at least five years of Form
10-Ks on file.
(b) In addition to the requirements of subsection (a), every applicant,
except an RME, shall be required to furnish the board with:
(1) A current financial statement prepared and signed by a holder of a
certificate of certified public accountant or a registered public
accountant in the form prescribed by the board;
(2) A current state tax clearance or current proof of payment
arrangement from the department of taxation;
(3) In the case of an applicant who is:
(A) A corporation or limited liability company organized and
existing under the laws of the State, a file-stamped copy of the
articles of incorporation or articles of organization,
respectively, on file with the department's business registration
division;
(B) A foreign corporation, a file-stamped copy of the certificate of
authority on file with the department's business registration
division; and
(C) A domestic or foreign partnership, a copy of the registration
statement on file with the department's business registration
division.
(4) A copy of a workers' compensation certificate from an insurer
authorized to conduct business in this State that indicates that the
policy is in force; or proof that the person has been authorized to act
as a self-insurer under chapter 386, HRS, or is excluded from the
requirements of chapter 386, HRS. The board shall be notified of
any cancellation, termination, or withdrawal of any policy.
Applicants claiming an exclusion under chapter 386, HRS, shall
submit and sign a statement claiming such exclusion to the board;
(5) A certificate of insurance from an insurance company or agency
authorized to conduct business in this State, an unauthorized insurer
in accordance with article 8 of chapter 431, HRS, or a risk retention
or risk purchasing group in accordance with chapter 431K, HRS,
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§16-77-8
showing full policy coverage of the applicant for liability and
property damage insurance with the following minimum limits of
liability:
Bodily injury liability $100,000 each person
$300,000 each occurrence
Property damage liability $ 50,000 each occurrence; and
(6) Any surety bond imposed by the board.
(c) The supporting documents required by subsections (a) and (b) (1),
(2), and (3) shall be provided with the application, and the documents required by
subsections (b)(4), (5), and 6 may be submitted any time prior to issuance of a
license.
(d) In the event of any change on these documents at any time, the
applicant shall notify the board in writing within thirty days of any change of
information. [Eff 8/14/80; am and ren §16-77-10, 6/22/81; am and comp 11/7/83;
am and comp 4/14/88; am and comp 12/9/02; comp 4/15/04] (Auth: HRS §444-4)
(Imp: HRS §§444-9, 444-11, 444-12)
§16-77-11 Denial of license application.
(a) The board shall deny the
issuance of a license when an application is insufficient or incomplete or where the
applicant has failed to provide satisfactory proof that the applicant:
(1) Meets the qualifications under section 444-11, HRS;
(2) Is qualified by experience or training for the license sought;
(3) Has the financial integrity to operate as a contractor. As proof of
financial integrity, the board may require the applicant to post a
surety bond as a condition for licensure; or
(4) Meets any of the other requirements provided in chapter 444, HRS,
or this chapter.
(b) The board may deny issuance of a license when the applicant is
known to have committed any of the acts for which a license may be suspended or
revoked under chapter 444, HRS, or this chapter.
(c) An application for a license shall be automatically rejected and the
applicant shall be denied issuance of a license when:
(1) The applicant or the applicant's RME, after having been notified to
do so, fails to appear for the examination or reexamination,
whichever the case may be. The executive officer, upon receiving a
written request, may postpone the examination; provided that in no
case shall the examination period extend over six months (refer to
sections 16-77-43 and 16-77-45); or
(2) The applicant, after having been notified to do so, fails to pay the
required fees, fails to file a surety bond as required pursuant to this
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§16-77-13
chapter, or fails to comply with any of the requirements in the law or
rules of the board within one hundred twenty days from date of
notification.
(d) Any application for a license that has been denied shall remain in the
possession of the board for two years and shall not be returned. [Eff 8/14/80; am
and ren §16-77-11, 6/22/81; am and comp 11/7/83; am and comp 4/14/88; am and
comp 12/9/02; am and comp 4/15/04] (Auth: HRS §444-4) (Imp: HRS §§444-9,
444-10, 444-11, 444-11.1, 444-12, 444-15, 444-16.5, 444-17)
§16-77-12 Application fees.
(a) Every application for a license shall be
accompanied by the appropriate fees provided in chapter 16-53 and a contractors
education fund fee of ten dollars. These fees may be paid by money order or check
made payable to the "Department of Commerce and Consumer Affairs."
(b) For purposes of this chapter, the dishonoring of any check upon first
deposit shall constitute a failure to meet the fee requirements. [Eff 8/14/80; am and
ren §16-77-12, 6/22/81; am and comp 11/7/83; am and comp 4/14/88; am and comp
12/9/02; comp 4/15/04] (Auth: HRS §§26-9, 444-4, 444-11, 444-12, 444-26) (Imp:
HRS §§26-9, 444-9, 444-11, 444-12, 444-15, 444-26)
§16-77-13 When partnership or joint venture requires a license.
(a) No
further license is required when all members of the joint venture or all partners in the
partnership submit evidence to the board that all members or partners hold current
contractor's licenses; provided that work to be performed is in a classification held
by one of the members or partners.
The board shall be notified in writing of all joint ventures and partnerships
formed in this manner and the principal RME for the joint venture or partnership.
(b) Joint ventures and partnerships shall be required to obtain a license
when any member of the joint venture or any partner in the partnership does not hold
a current contractor's license. All unlicensed members in a joint venture or partners
in a partnership shall submit current financial statements, credit reports, and a tax
clearance, and any other information requested by the board along with the
application for licensure.
(c) Except as otherwise provided by law, all joint ventures and
partnerships shall be registered with the department's business registration division
prior to engaging in any contracting activity. Joint ventures and partnerships shall
provide proof of the registration to the board at the time of application.
(d) A joint venture or partnership licensed under this section shall be
required to notify the board of its dissolution within thirty days after its dissolution.
Failure to notify the board of the dissolution within the thirty day period shall result
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§16-77-13
in the licenses of the joint venture or partnership being automatically forfeited
without a hearing.
(e) The license of a joint venture or partnership shall be automatically
forfeited without a hearing if the license of a member or partner is suspended,
revoked, terminated, withdrawn, forfeited, or refused to be renewed.
(f) Upon dissolution or forfeiture, the joint venture or partnership shall
be prohibited from engaging in contracting and shall not bid upon or enter into new
contracts. [Eff 8/14/80; am and ren §16-77-13, 6/22/81; am and comp 11/7/83; am
and comp 4/14/88; am and comp 12/9/02; comp 4/15/04] (Auth: HRS §444-4)
(Imp: HRS §§444-2, 444-11, 444-11.1, 444-12)
§16-77-14 Posting of information in license application.
Whenever an
applicant has filed a complete application, the name and address of the applicant,
and the names and addresses and official capacity of the applicant's RME(s),
officers, members, managers, and partners shall be publicly posted, as part of the
board's investigation under section 444-16, HRS, for not less than fourteen days. No
license shall be issued until the expiration of the posting period. [Eff 8/14/80; am
and ren §16-77-14, 6/22/81; am and comp 11/7/83; comp 4/14/88; am and comp
12/9/02; comp 4/15/04] (Auth: §444-16) (Imp: HRS §§444-10, 444-14, 444-16)
§16-77-15 Action on applications.
The board shall act upon the license
application within one hundred and twenty days after the board's applications
committee has determined that the application is proper. [Eff and comp 4/14/88; am
and comp 12/9/02; comp 4/15/04] (Auth: HRS §§444-4, 444-16) (Imp: HRS
§§444-9, 444-16)
SUBCHAPTER 3
LICENSE QUALIFICATIONS
§16-77-18 Experience requirement.
(a) Every individual applicant or RME
shall have had, within the past ten years immediately preceding the filing of an
application, not less than four years of supervisory experience as a foreman,
supervising employee, or contractor in the particular classification in which the
applicant intends to engage as a contractor.
(b) Self-employed or unlicensed experience may be acceptable
experience in the discretion of the board.
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§16-77-24
(c) Contracting entities shall qualify through an RME who meets these
experience requirements. [Eff 8/14/80; am and ren §16-77-18, 6/22/81; am and
comp 11/7/83; am and comp 4/14/88; am and comp 12/9/02; comp 4/15/04] (Auth:
HRS §444-4) (Imp: HRS §§444-4, 444-7, 444-8, 444-9, 444-10, 444-11)
§16-77-19 Power of board to approve training as experience.
The board in
its discretion may approve certain technical training or business administration
training as acceptable experience, but in no case shall the training count as more than
one year of experience. [Eff 8/14/80; am and ren §16-77-19, 6-22/81; am and comp
11/7/83; am and comp 4/14/88; comp 12/9/02; comp 4/15/04] (Auth: HRS §444-4)
(Imp: HRS §§444-4, 444-7, 444-8, 444-9, 444-10, 444-11)
§16-77-20 Power of board to accept equivalent knowledge.
The board in its
discretion may accept any reasonably equivalent knowledge, training, or experience
of the applicant in lieu of a specific experience requirement if upon investigation it
makes a detailed finding to that effect. [Eff 8/14/80; am and ren §16-77-20, 6/22/81;
am and comp 11/7/83; comp 4/14/88; comp 12/9/02; comp 4/15/04] (Auth: HRS
§444-4) (Imp: HRS §§444-4, 444-7, 444-8, 444-9, 444-10, 444-11)
SUBCHAPTER 4
CONDITIONAL LICENSE
§16-77-24 Power of board to issue conditional licenses.
(a) The board may
issue a conditional license, provided that the applicant or licensee submits in writing
an agreement to comply with any condition the board may establish for the license,
including but not limited to the provision that the license may be withdrawn at any
time without a hearing upon determination by the board that the licensee has
violated the conditions thereof or is otherwise not acting in the best interest of the
public in the licensee's contracting business.
(b) A conditional license may be issued:
(1) When an applicant or licensee has not met all requirements for the
issuance or renewal of a license but the board determines it to be in
the best interest of the public to issue or renew the license on a
conditional basis;
(2) When an applicant or licensee has committed any act which may be
grounds for the revocation, suspension, or refusal to renew a license
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§16-77-24
under chapter 444, HRS; but the board has determined it to be in the
best interest of the public to have the applicant or licensee obtain or
retain the license on a conditional basis; or
(3) Under other circumstances in which the board determines it to be in
the best interest of the public that a person be issued a conditional
license.
(c) A conditional license shall be subject to the same requirements and
license fees as an unconditional license and shall be renewable. Converting a
conditional license to an unconditional license shall be by action of the board upon
request by the licensee and there shall be no additional fees for this conversion. A
conditional license shall remain in that status for at least one year. [Eff 8/14/80; am
and ren §16-77-24, 6/22/81; am and comp 11/7/83; am and comp 4/14/88; am and
comp 12/9/02; comp 4/15/04] (Auth: HRS §444-4) (Imp: HRS §§444-4, 444-9,
444-11, 444-11.1, 444-12, 444-13)
SUBCHAPTER 5
CLASSIFICATION
§16-77-28 All contractors classified.
(a) All persons licensed under
chapter 444, HRS, shall be classified by the board into one or more classifications or
subclassifications, or both, as follows:
General engineering contractor "A"
General building contractor "B"
Specialty contractor "C"
(b) The definitions of these classifications shall be as provided in section
444-7, HRS.
(c) Exhibit A, entitled Specialty Contractor Classifications, dated
May 23, 2003, located at the end of this chapter, is hereby incorporated into and
made a part of this chapter.
(d) Classifications under C-68 classified specialist may be established by
the board until the work performed is defined and a hearing is held to establish the
proper classification. A C-68 classified specialist shall be subject to the same
requirements as other contractor classifications.
(e) The board, after a hearing, may establish or modify or delete existing
classifications, based on established usage in the construction industry. [Eff 8/14/80;
am and ren §16-77-28, 6/22/81; am and comp 11/7/83; am and comp 4/14/88; am
and comp 12/9/02; am and comp 4/15/04] (Auth: HRS §§444-4, 444-7, 444-8)
(Imp: HRS §§444-7, 444-8, 444-9, 444-10, 444-11, 444-13)
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§16-77-32
SUBCHAPTER 6
SCOPE OF CLASSIFICATIONS
§16-77-32 General engineering, general building, and specialty contractors.
(a) Licensees who hold the "A" general engineering contractor classification shall
automatically hold the following specialty classifications without further
examination or paying additional fees:
(1) C-3 asphalt paving and surfacing;
(2) C-9 cesspool;
(3) C-10 scaffolding;
(4) C-17 excavating, grading, and trenching;
(5) C-24 building moving and wrecking;
(6) C-31a cement concrete;
(7) C-32 ornamental guardrail, and fencing;
(8) C-35 pile driving, pile and caisson drilling, and foundation;
(9) C-37a sewer and drain line;
(10) C-37b irrigation and lawn sprinkler systems;
(11) C-38 post tensioning;
(12) C-43 sewer, sewage disposal, drain, and pipe laying;
(13) C-49 swimming pool;
(14) C-56 welding;
(15) C-57a pumps installation;
(16) C-57b injection well;
(17) C-61 solar energy systems.
(b) The "A" general engineering contractor may also install poles in all
new pole lines and replace poles, provided that the installation of the ground wires,
insulators, and conductors is performed by a contractor holding the C-62 pole and
line classification. The "A" general engineering contractor may also install duct
lines, provided that the installation of conductors is performed by a contractor
holding the C-13 electrical classification.
(c) Licensees who hold the "B" general building contractor classification
shall automatically hold the following specialty classifications without further
examination or paying additional fees:
(1) C-5 cabinet, millwork, and carpentry remodeling and repairs;
(2) C-6 carpentry framing;
(3) C-10 scaffolding;
(4) C-12 drywall;
(5) C-24 building moving and wrecking;
(6) C-25 institutional and commercial equipment;
(7) C-31a cement concrete;
77-15
§16-77-32
(8) C-32a wood and vinyl fencing;
(9) C-42a aluminum and other metal shingles;
(10) C-42b wood shingles and wood shakes.
(d) Licensees who hold a specialty contractors license shall
automatically hold the subclassifications of the licensee's particular specialty without
examination or paying additional fees. [Eff 8/14/80; am and ren §16-77-32, 6/22/81;
am and comp 11/7/83; am and comp 4/14/88; am and comp 12/9/02; comp 4/15/04]
(Auth: HRS §§444-4, 444-8) (Imp: HRS §§444-7, 444-8, 444-9, 444-10)
§16-77-33 Limitation of classifications.
(a) A licensee classified as an "A"
general engineering contractor or as a "B" general building contractor shall not act,
assume to act, or advertise as a specialty contractor except in the specialty
classifications which the licensee holds.
(b) A general building contractor license does not entitle the holder to
undertake a contract unless it requires more than two unrelated building trades or
crafts or unless the general building contractor holds the specialty license to
undertake the contract. Work performed which is incidental and supplemental to
one contractor classification shall not be considered as unrelated trades or crafts.
(c) A licensee classified as a specialty contractor shall not act, assume to
act, or advertise as a contractor in any classification other than those which the
licensee holds.
(d) Any licensee who acts, assumes to act, or advertises in any
classification other than for which the licensee is duly licensed under this chapter
shall be construed to be engaged in unlicensed activity. [Eff 8/14/80; am and ren
§16-77-33, 6/22/81; am and comp 11/7/83; am and comp 4/14/88; comp 12/9/02;
comp 4/15/04] (Auth: HRS §§444-4, 444-8) (Imp: HRS §§444-7, 444-8, 444-9,
444-9.2, 444-10)
§16-77-34 Work incidental and supplemental.
"Incidental and
supplemental" is defined as work in other trades directly related to and necessary for
the completion of the project undertaken by a licensee pursuant to the scope of the
licensee's license. [Eff 8/14/80; am and ren §16-77-34, 6/22/81; am and comp
11/7/83; am and comp 4/14/88; am and comp 12/9/02; comp 4/15/04] (Auth: HRS
§§444-4, 444-7) (Imp: HRS §§444-7, 444-8, 444-9)
§16-77-35 Additional classifications.
(a) A licensee may obtain additional
classifications by filing an application, paying the appropriate fees, meeting the
77-16
§16-77-41
requirements regarding experience in the classification requested, and passing the
appropriate part II examination.
(b) A licensee holding a specialty contractor's license who is applying
for an "A" general engineering or "B" general building contractor's license may be
required to submit a current financial statement and other supporting documents.
[Eff 8/14/80; am and ren §16-77-35, 6/22/81; am and comp 11/7/83; comp 4/14/88;
am and comp 12/9/02; comp 4/15/04] (Auth: HRS §§444-4, 444-7) (Imp: HRS
§§444-7, 444-8, 444-9, 444-15)
SUBCHAPTER 7
EXAMINATIONS
§16-77-39 Examination - part I.
All applicants for a contractor's license shall
be required to take and successfully pass a written examination designed to test the
applicant's general knowledge of the building, safety, health, labor, and lien laws of
the State and of the basic administrative principles of the contracting business. [Eff
8/14/80; am and ren §16-77-39, 6/22/81; am and comp 11/7/83; comp 4/14/88; am
and comp 12/9/02; comp 4/15/04] (Auth: HRS §444-4) (Imp: HRS §§444-10,
444-11)
§16-77-40 Examination - part II.
All applicants for a contractor's license
shall be required to take and successfully pass a written examination designed to test
the applicant's specialized knowledge in the particular classification in which the
applicant desires to be licensed. [Eff 8/14/80; am and ren §16-77-40, 6/22/81; am
and comp 11/7/83; comp 4/14/88; am and comp 12/9/02; comp 4/15/04] (Auth:
HRS §444-4) (Imp: HRS §§444-10, 444-11)
§16-77-41 Examination not required.
An examination shall not be required
when the applicant has previously qualified by written examination within a period
of four years prior to application, or within four years from the date the applicant
was last licensed in good standing or in an inactive status, provided the applicant
applies for a license in the same classification in which the applicant previously
qualified by examination. [Eff 8/14/80; am and ren §16-77-41, 6/22/81; am and
comp 11/7/83; am and comp 4/14/88; am and comp 12/9/02; comp 4/15/04] (Auth:
HRS §444-4) (Imp: HRS §§444-10, 444-11)
77-17
§16-77-42
§16-77-42 Use of interpreters.
(a) In exceptional cases with the express
approval of the board, an applicant may use an interpreter to read and translate the
examination questions to the applicant in the examination room.
(b) An interpreter shall be prohibited from answering, in any way, the
questions for the applicant. Any violation of this subsection shall constitute
examination misconduct and the applicant shall be subject to penalties provided in
section 16-77-46. The applicant shall be responsible for obtaining an interpreter,
who shall not currently be or have been in the construction business, and shall pay a
fee in addition to the examination fee. The board may evaluate the person's
qualifications to be an interpreter and may restrict the number of times a person can
be an interpreter in a twelve-month period. [Eff 8/14/80; am and ren §16-77-42,
6/22/81; comp 11/7/83; am and comp 4/14/88; am and comp 12/9/02; comp 4/15/04]
(Auth: HRS §444-4) (Imp: HRS §§444-10, 444-11)
§16-77-43 Notice of examination.
All applicants whose applications have
been approved shall be given an application for examination and shall apply to the
testing agency for examination. The board shall send notice to the applicant's last
known address on file with the board. Examinations are given monthly. Unless
applicants are otherwise notified, examinations shall be taken at the regularly
scheduled time. [Eff 8/14/80; am and ren §16-77-43, 6/22/81; am and comp
11/7/83; am and comp 4/14/88; am and comp 12/9/02; comp 4/15/04] (Auth: HRS
§444-4) (Imp: HRS §§444-10, 444-11)
§16-77-44 Passing grade.
A grade of seventy-five per cent shall be a
minimum passing grade for each part of any examination. [Eff 8/14/80; am and ren
§16-77-44, 6/22/81; am and comp 11/7/83; am and comp 4/14/88; comp 12/9/02;
comp 4/15/04] (Auth: HRS §444-4) (Imp: HRS §§444-10, 444-11)
§16-77-45 Failure to pass examination.
Applicants failing to obtain a
passing grade on the first examination may schedule a second examination and shall
pay the appropriate fees. Applicants who fail to pass the examination within six
months shall file a new application and application fee. [Eff 8/14/80; am and ren
§16-77-45, 6/22/81; am and comp 11/7/83; am and comp 4/14/88; am and comp
12/9/02; comp 4/15/04] (Auth: HRS §444-4) (Imp: HRS §444-4)
§16-77-46 Examination misconduct.
(a) Any misconduct by an applicant
during an examination shall be prohibited and subject to action by the board. Acts
77-18
§16-77-50
of misconduct during an examination include, but are not limited to, any of the
following:
(1) Failure to follow examination instructions or procedures;
(2) Unauthorized communication between candidates or with others
inside or outside of the examination room;
(3) Copying another candidate's answers or allowing one's answers to be
copied;
(4) Allowing another person to sit in the examination room and take the
examination for the applicant;
(5) Reference to crib sheets, outlines, textbooks, or other unauthorized
materials inside or outside the examination room;
(6) Leaving the examination room without prior approval; or
(7) Removal of any examination booklet, answer booklet, answer sheet,
or workpapers from the examination room without permission.
(b) Action by the board may include invalidating the entire examination
and suspending an applicant from taking the examination again for a period of up to
three years. Prior to imposing any action under this subsection, the applicant shall
be afforded an opportunity to appear before the board. [Eff and comp 12/9/02;
comp 4/15/04] (Auth: HRS §§436B-7, 444-4) (Imp: HRS §§436B-7, 444-4,
444-11)
SUBCHAPTER 8
RENEWAL OF LICENSES
§16-77-49 Notice of renewal.
Before August 15 of each even-numbered
year the board shall mail to every licensee, except those whose license has been
revoked, forfeited, terminated, withdrawn, or under suspension, a notice of renewal
application to the last known address of the licensee on file with the board. [Eff
8/14/80; am and ren §16-77-49, 6/22/81; comp 11/7/83; am and comp 4/14/88; am
and comp 12/9/02; comp 4/15/04] (Auth: HRS §444-4) (Imp: HRS §444-15)
§16-77-50 Date for filing.
All licensees shall complete and submit a
renewal application as provided by the board together with all documents required
under section 16-77-55 and pay the required fees, including the recovery and
education fund fees, on or before September 30 of each even-numbered year.
Failure, neglect, or refusal of any licensee to pay the fees and submit all required
documents by September 30 of each even-numbered year shall result in the
77-19
§16-77-50
automatic forfeiture of the licensee's license without a hearing. The license shall be
forfeited as of October 1 of the even-numbered year. [Eff 8/14/80; am and ren
§16-77-50, 6/22/81; am and comp 11/7/83; am and comp 4/14/88; am and comp
12/9/02; comp 415/04] (Auth: HRS §444-4) (Imp: HRS §§444-11.1, 444-13,
444-15)
§16-77-51 Restoration of forfeited license.
Forfeited licenses may be
restored by filing a renewal application along with all required documents, and
paying the renewal fees, including the recovery and education fund fees, plus a
penalty fee on or before November 30 of the renewal year. Licensees who fail to
restore their licenses by November 30 shall be required to apply as new applicants,
and shall file a new license application form along with all required supporting
documents and fees. [Eff 8/14/80; am and ren §16-77-51, 6/22/81; am and comp
11/7/83; am and comp 4/14/88; am and comp 12/9/02; comp 4/15/04] (Auth: HRS
§444-4) (Imp: HRS §444-15)
§16-77-52 Board may refuse to renew.
The board may refuse to renew or
restore a license for failure or refusal of the licensee:
(1) To properly complete the renewal application form and submit all
documents required under section 16-77-55 and all fees required
under section 16-77-54;
(2) To comply with the rules of the board or section 444-17, HRS; or
(3) To meet any of the qualifications under section 444-11, HRS, or this
chapter. [Eff 8/14/80; am and ren §16-77-52, 6/22/81; am and comp
11/7/83; am and comp 4/14/88; am and comp 12/9/02;
comp 4/15/04] (Auth: HRS §444-4) (Imp: HRS §§444-4, 444-11,
444-11.1, 444-15, 444-17)
§16-77-53 Proper filing authorizes contractor to operate.
The proper filing
of a renewal application by September 30 of the even-numbered year authorizes
operation as a contractor by the licensee until the actual issuance of the renewal
license for the ensuing license period. The date upon which a renewal application is
filed shall be determined:
(1) If sent by mail, by the date of the United States Postal Service
postmark appearing upon the envelope containing the application; or
(2) If personally delivered, by the time stamp marked immediately upon
receipt thereof. [Eff 8/14/80; am and ren §16-77-53, 6/22/81; am and
comp 11/7/83; comp 4/14/88; am and comp 12/9/02;
77-20
§16-77-55
comp 4/15/04] (Auth: HRS §444-4) (Imp: HRS §§444-13, 444-15)
§16-77-54 Renewal fees.
(a) Prior to September 30 of each even-numbered
year, all licensees shall submit the appropriate renewal fees provided in chapter 16-
53 and the following:
(1) A contractors education fund fee of five dollars; and
(2) A contractors recovery fund fee of ten dollars.
(b) These fees shall be payable to the "Department of Commerce and
Consumer Affairs". [Eff 8/14/80; am and ren §16-77-54, 6/22/81; comp 11/7/83;
am and comp 4/14/88; am and comp 12/9/02; comp 4/15/04] (Auth: HRS §§26-9,
444-4, 444-15) (Imp: HRS §§26-9, 444-15)
§16-77-55 Conditions for renewal of license.
(a) No license shall be
renewed until the licensee continues to meet the requirements of sections 444-11,
444-11.1, and 444-17, HRS, and of this chapter including, but not limited to, proof
of financial integrity.
(b) To establish financial integrity, the licensee shall submit:
(1) A current state tax clearance or proof of payment arrangement, and a
statement disclosing or denying the existence of any liens,
undisputed debts or judgments against the licensee relating to
services or materials rendered in connection with operations as a
contractor; and
(2) Proof that the licensee has continuously maintained workers'
compensation insurance, is authorized to act as a self-insurer under
chapter 386, HRS, or is excluded from the requirements of chapter
386, HRS;
(3) Proof that liability and property damage insurance has been
maintained in the following amounts:
Bodily injury $100,000 each person
$300,000 each occurrence
Property damage $ 50,000 each occurrence; and
(4) Proof that any surety bond imposed by the board is current.
(c) The board may, at the time of renewal, consider any material
submitted to it concerning a licensee's financial integrity and shall give the licensee
an opportunity to respond before the board to any allegations made concerning the
licensee's financial integrity.
(d) The board may refer any allegations concerning a licensee's lack of
financial integrity for a hearing conducted pursuant to chapter 91, HRS. [Eff
77-21
§16-77-55
8/14/80; am and ren §16-77-55, 6/22/81; am and comp 11/7/83; am and comp
4/14/88; am and comp 12/9/02; comp 4/15/04] (Auth: HRS §444-4) (Imp: HRS
§§444-11, 444-11.1, 444-15, 444-17)
§16-77-56 Inactive status.
(a) An inactive licensee may reactivate the
license by submitting an application, application fee, current financial statement, tax
clearance, and credit report to the board. An inactive licensee may reactivate the
license as an RME by submitting an application, application fee, and a current credit
report.
(b) The board shall review the request and supporting documents as if
the request was a new application for a license. [Eff and comp 4/14/88; am and
comp 12/9/02; comp 4/15/04] (Auth: HRS §444-4) (Imp: HRS §§444-11, 444-11.1,
444-12, 444-15)
SUBCHAPTER 9
§16-77-59 Repealed. [R 4/14/88]
SUBCHAPTER 10
SUSPENSION, REVOCATION, DISSOCIATION, DISSOLUTION
§16-77-63 Alternatives in lieu of revocation or suspension.
(a) Failure of
any licensee, including RMEs, to comply with any provision of chapter 444, HRS,
or this chapter shall be grounds for suspension, revocation, or refusal to renew the
license. The board may, in its discretion and in lieu of suspension, revocation, or
non-renewal of license, impose a bond, fine, or other condition acceptable to all
interested parties.
(b) To reinstate a license which was under suspension, the licensee may,
in addition to meeting any conditions imposed for reinstatement, be required to show
proof of workers' compensation, liability, and property damage insurance, submit a
current financial statement, credit report, tax clearance, and as added proof of
financial integrity, a bond in an amount to be determined by the board. [Eff 8/14/80;
am and ren §16-77-63, 6/22/81; am and comp 11/7/83; am and comp 4/14/88; am
and comp 12/9/02; comp 4/15/04] (Auth: HRS §444-4) (Imp: HRS §§444-11,
444-16.5, 444-17)
77-22
§16-77-64
§16-77-64 Notice due board on death, dissociation, or disability of RME;
forfeiture of license.
(a) A contracting entity who qualified for licensure by
employment of an RME shall within sixty days after the death, dissociation, or
disability of the RME, notify the board of the death, dissociation, or disability of the
RME. The contracting entity shall submit an application to qualify a new RME or
place its license on inactive status within ninety days of the death, dissociation, or
disability of the RME. The contracting entity may continue to operate until the
board makes a final determination upon its timely application to qualify a new RME;
provided that the entity may not bid upon or enter into new contracts until the
board's determination is made.
(b) "Disability" includes any situation in which the direct management
of the licensed contracting entity's business is no longer under the control of the
principal RME or when a subordinate RME is unable to be responsible for all
construction activities relating to the license classifications held by the subordinate
RME.
(c) Failure of the contracting entity to notify the board of the death,
dissociation, or disability of the RME within the sixty-day period shall result in the
license being automatically forfeited without a hearing. The license may be restored
when the contracting entity employs another licensed individual as the contracting
entity's RME and the entity files a new application with the board.
(d) Failure of the contracting entity to submit an application for a new
principal RME within ninety days of the death, dissociation, or disability, and to
qualify a new principal RME within the time period allowed by the board shall result
in the automatic forfeiture of the contracting entity's license without a hearing.
(e) Contracting entities shall not bid or enter into contracts without
having a principal RME in its employ who has direct management of the contracting
business.
(f) An RME who dissociates from the contracting entity shall notify the
board within sixty days of the dissociation. The RME shall, within ninety days of
the dissociation:
(1) Apply to become a contracting entity by submitting a current
financial statement, fees, tax clearance or proof of payment
arrangement, credit report, and required insurance;
(2) Obtain employment with another contracting entity which shall
submit a proper application thereof; or
(3) Place the license on an inactive status.
(g) Failure of the RME to complete one of the three actions in subsection
(f) within ninety days of the dissociation shall cause the automatic forfeiture of the
license without a hearing. [Eff 8/14/80; am and ren §16-77-64, 6/22/81; am and
comp 11/7/83; am and comp 4/14/88; am and comp 12/9/02; am and
77-23
§16-77-64
comp 4/15/04] (Auth: HRS §444-4) (Imp: HRS §§444-4, 444-11, 444-11.1,
444-12, 444-15, 444-16, 444-21)
§16-77-65 Board jurisdiction to proceed.
The lapsing, forfeiture,
termination, or suspension of a license by operation of law, or by order or decision
by the board or a court of law, or the voluntary surrender of a license by a licensee
shall not deprive the board of jurisdiction to proceed with any investigation of or
action or disciplinary proceeding against the licensee, or to render a decision
suspending or revoking the license. [Eff 8/14/80; am and ren §16-77-65, 6/22/81;
am and comp 11/7/83; am and comp 4/14/88; comp 12/9/02; comp 4/15/04] (Auth:
HRS §444-4) (Imp: §§436B-22, 444-35)
SUBCHAPTER 11
OWNERSHIP AND MANAGEMENT OF LICENSE
§16-77-69 License issued.
A contracting entity shall have a contractor's
license prior to engaging in contracting. A contractor's license shall only be issued
to a contracting entity if:
(1) The contracting business is under the direct management of an
individual who holds an appropriate and current license and who is
the principal RME thereof; and
(2) The contracting entity has met the financial integrity and capacity
requirements to engage in the contracting business provided in this
chapter and chapter 444, HRS. [Eff 8/14/80; am and ren §16-77-69,
6/22/81; am and comp 11/7/83; am and comp 4/14/88; am and comp
12/9/02; comp 4/15/04] (Auth: §444-4) (Imp: HRS §§444-1, 444-11,
444-12)
§16-77-70 Direct management of the contracting business.
(a) "Direct
management of the contracting business" as used in chapter 444, HRS, and this
chapter means the general supervision of the construction projects undertaken by the
contracting entity, the control of technical and administrative decisions, personnel
management, the review of construction contracts, and enforcing compliance with
all laws and rules affecting the contracting business.
(b) The contracting business of a contracting entity shall be under the
direct management of a principal RME. [Eff 8/14/80; am and ren §16-77-70,
77-24
§16-77-72
6/22/81; am and comp 11/7/83; comp 4/14/88; am and comp 12/9/02; comp 4/15/04]
(Auth: HRS §444-4) (Imp: HRS §444-4)
§16-77-71 Principal and subordinate RMEs.
(a) Contracting entities may
have in their employ more than one RME, but shall designate in every case a
principal RME who shall be primarily responsible for the direct management of the
business of the contracting entity and who shall be:
(1) In a position to secure full compliance with the laws governing
contractors, including but not limited to chapter 444, HRS, and this
chapter;
(2) Familiar with all contracts the contracting entity enters into, sees that
all contract provisions are carried out, and signs or initials all
contracts;
(3) Familiar with all projects the contracting entity undertakes and sees
that records are kept on the projects, which shall include the amount
of time the principal RME spends with the contracting entity and
payroll records of the principal RME;
(4) In residence in the State during the time the license of the contracting
entity is in effect or during the period a project is under construction;
and
(5) Held responsible for any violation of this chapter or chapter 444,
HRS.
(b) Other RMEs employed but not designated by the contracting entity
as the principal RME shall be referred to as subordinate RMEs and shall be
responsible for all activities relating to the classifications held by the subordinate
RME.
(c) An RME shall not be considered a contracting entity and shall be
considered to be engaging in unlicensed activity if the RME enters into a contract
other than for the contracting entity by whom the RME is employed. [Eff 8/14/80;
am and ren §16-77-71, 6/22/81; am and comp 11/7/83; am and comp 4/14/88; am
and comp 12/9/02; comp 4/15/04] (Auth: HRS §444-4) (Imp: HRS §§444-4, 444-9,
444-11, 444-15, 444-17, 444-21)
§16-77-72 RME for more than one contracting entity.
An individual may
be an RME for more than one contracting entity if:
(1) There is a common ownership of at least fifty-one per cent of the
equity of each contracting entity for which the individual acts as the
RME;
77-25
§16-77-72
(2) A contracting entity is a subsidiary of or joint venture with another
contracting entity;
(3) There is a direct family relationship between the RME and the
officers, directors, members, managers, or partners of the other
contracting entities for which the individual acts as the RME; or
(4) There is a direct family relationship between the officers, directors,
members, managers, and partners of all contracting entities for which
the individual acts as the RME; and
(5) The board is satisfied that it is in the public's interest and that the
individual is competent, able, and qualified to be an RME for more
than one contracting entity. [Eff 8/14/80; am and ren §16-77-72,
6/22/81; am and comp 11/7/83; am and comp 4/14/88; am and comp
12/9/02; comp 4/15/04] (Auth: HRS §444-4) (Imp: HRS §§444-4,
444-9, 444-11)
§16-77-73 License nontransferable.
Any license issued under chapter 444,
HRS, or this chapter shall be nontransferable. [Eff 8/14/80; am and ren §16-77-73,
6/22/81; am and comp 11/7/83; comp 4/14/88; am and comp 12/9/02; comp 4/15/04]
(Auth: HRS §444-4) (Imp: §§444-4, 444-9)
§16-77-74 Repealed. [R 4/15/04]
§16-77-75 Revocation, suspension, termination, withdrawal, forfeiture, and
refusal to renew license of RME; fines. (a) The license of an RME may be
suspended, revoked, terminated, withdrawn, forfeited, or refused to be renewed if
the license of the contracting entity for which the person is the RME is revoked,
terminated, withdrawn, forfeited, suspended, or refused renewal pursuant to chapter
444, HRS, and this chapter. An RME may be fined if the contracting entity for
which the person is the RME is fined for violating the provisions of chapter 444,
HRS, and this chapter.
(b) The license of the principal RME shall be automatically terminated
upon issuance of a court order authorizing payment from the contractors recovery
fund. The license of the subordinate RME who holds the classification within which
arose the activities leading to a court order authorizing payment from the contractors
recovery fund shall be automatically terminated upon issuance of a court order
authorizing payment from the contractors recovery fund. [Eff 8/14/80; am and ren
§16-77-75, 6/22/81; am and comp 11/7/83; am and comp 4/14/88; am and comp
77-26
§16-77-79
12/9/02; comp 4/15/04] (Auth: HRS §§444-4, 444-17) (Imp: §§444-4, 444-17,
444-28)
§16-77-76 Maintenance of bond.
(a) All licensees shall be required to
maintain any surety bond imposed by the board for at least one year before
requesting a waiver of the surety bond.
(b) The board may, in its discretion, waive the surety bond if a licensee
demonstrates that it has financial integrity. The board may require a licensee to
submit current credit reports, current financial statements, a current state tax
clearance or proof of payment arrangement, and other documents to show evidence
of financial integrity. [Eff and comp 12/9/02; comp 4/15/04] (Auth: HRS §444-4)
(Imp: HRS §§444-11.1, 444-16.5)
SUBCHAPTER 12
DISCLOSURE TO OWNERS; CONTRACTS
§16-77-79 Disclosure to homeowners.
(a) Contractors engaging in home
construction or home improvements shall, prior to obtaining a binding contract from
the homeowner and prior to appying for a building permit:
(1) Disclose all information pertaining to the contract and its
performance, the absence of which might mislead the homeowner to
the homeowner's detriment including but not limited to the lien rights
of labor, suppliers, and subcontractors;
(2) Disclose the scope of work to be performed;
(3) Disclose the approximate percentage of work to be subcontracted;
(4) Disclose whether the contractor is bonded or not and whether the
owner has a right to demand bonding on the work to be performed;
provided that if the contractor is not bonded, the contractor shall
disclose the extent of the financial security available to assure
performance of the contract;
(5) Disclose the contractor's license number and contractor
classification(s);
(6) Disclose all warranties, if any; and
(7) Provide an estimate of the cost of work to be performed.
(b) For purposes of this chapter, "homeowner" means the owner or
lessees of residential real property, including without limitation
owners or lessees of private residences, condominiums, or
cooperative units. [Eff 8/14/80; am and ren
77-27
§16-77-79
§16-77-79, 6/22/81; am and comp 11/7/83; am and comp 4/14/88; am and comp
12/9/02; comp 4/15/04] (Auth: HRS §§444-4, 444-25.5) (Imp: HRS §444-25.5)
§16-77-80 Homeowner contracts.
(a) All contractors shall provide
homeowners with a written contract involving home construction or improvements
which shall provide the following:
(1) The name, address, license number, and classification(s) of the
contractor;
(2) The exact dollar amount due from the homeowner under the contract;
(3) The date work is to commence and number of days for completion;
(4) The scope of the work to be performed and materials to be used;
(5) The approximate percentage of work to be subcontracted and the
names and license numbers of all subcontractors, if any;
(6) A clear statement of the risk of loss of any payments made to a sales
representative (printed in distinct capital letters next to the owner's
signature line);
(7) A provision explaining the lien rights of all parties performing under
the contract including the contractor, any subcontractor, or any
materialman supplying commodities or labor on the project;
(8) The terms of any warranty offered; and
(9) The signatures of the homeowner and the contractor.
(b) The contract shall be executed prior to the performance of any home
construction or improvement.
(c) For purposes of section 444-25.5, HRS, and this section, "home
construction or improvements" shall not include service-type work (e.g.,
maintenance work performed by electrical and plumbing contractors) that does not
require a permit by a county or other local subdivision of the State. [Eff and comp
4/14/88; am and comp 12/9/02; comp 4/15/04] (Auth: §§444-4, 444-25.5) (Imp:
HRS §444-25.5)
SUBCHAPTER 13
ADVERTISING PRACTICES
§16-77-83 Advertising through the media.
A contracting entity advertising
through any media shall be identified as a licensed contractor by listing the name
under which the licensee is licensed or the licensee's trade name which has been
filed with the board, and the licensee's license number. For the purpose of this
section, "media" includes, but is not limited to, newspapers, magazines, radio,
77-28
§16-77-89
television, the Internet, and directories, including all listings in the yellow pages.
[Eff 8/14/80; am and ren §16-77-83, 6/22/81; am and comp 11/7/83; am and comp
4/14/88; am and comp 12/9/02; comp 4/15/04] (Auth: §§444-4, 444-9.2) (Imp:
HRS §444-9.2)
SUBCHAPTER 14
PLACE OF BUSINESS
§16-77-87 All licensees to have place of business.
No license shall be
issued or renewed to any contracting entity, except RMEs, who does not maintain a
permanent place of business within the State where the contracting entity may be
served notice and legal process, and where the contracting entity's license is
prominently displayed. For purposes of this section, "permanent place of business"
means a physical address, not a post office box number. [Eff 8/14/80; am and ren
§16-77-87, 6/22/81; am and comp 11/7/83; am and comp 4/14/88; am and comp
12/9/02; comp 4/15/04] (Auth: HRS §444-14) (Imp: HRS §444-14)
§16-77-88 Change of address.
A licensee shall notify the board of any
change of address within ten business days of the change. All notices required to be
sent by the board under this chapter or chapter 444, HRS, shall be sent to the last
known address on file with the board. [Eff 8/14/80; am and ren §16-77-88, 6/22/81;
am and comp 11/7/83; comp 4/14/88; am and comp 12/9/02; comp 4/15/04] (Auth:
HRS §444-4) (Imp: HRS §444-14)
§16-77-89 Place of business for out-of-state licensees.
(a) For out-of-state
licensees, this section shall apply as to a place of business in the State.
(b) Attorney's offices or other similar offices in the State may be listed as
the place of business for out-of-state licensees; provided that an individual (or
individuals) within the office is or acts as an agent or representative of the licensee
who:
(1) Can be served with notice and legal process;
(2) Will receive all inquiries and other correspondence on behalf of the
licensee; and
(3) Will be responsible to see that the inquiries and other correspondence
are expeditiously taken care of.
77-29
§16-77-89
If an attorney's office or other similar office in the State is listed as the place of
business for an out-of-state licensee, information regarding the name of the agent or
representative, and a telephone number where the agent or representative can be
contacted shall be provided to the board and made available to the public.
(c) Out-of-state addresses may be listed as the place of business for out-
of-state licensees; provided that the contractor's license of the licensee is on inactive
status. Inactive status is provided for in section 444-15, HRS.
(d) Post office box numbers shall not be listed as the place of business
for out-of-state licensees.
(e) The contractor's license shall be prominently displayed in the out-of-
state licensee's place of business in this State. [Eff 8/14/80; am and ren §16-77-89,
6/22/81; am and comp 11/7/83; am and comp 4/14/88; am and comp 12/9/02;
comp 4/15/04] (Auth: HRS §444-14) (Imp: HRS §444-14)
SUBCHAPTER 15
§16-77-93 Repealed. [R 4/14/88]
SUBCHAPTER 16
RESPONSIBILITY FOR GOOD WORKMANSHIP
§16-77-97 Performance.
Licensees shall perform all work in a workmanlike
manner. Workmanship shall conform to trade standards. [Eff 8/14/80; am and ren
§16-77-97, 6/22/81; comp 11/7/83; comp 4/14/88; comp 12/9/02; comp 4/15/04]
(Auth: HRS §444-4) (Imp: HRS §444-4)
SUBCHAPTER 17
RECOVERY AND EDUCATION FUNDS
§16-77-100 Recovery fund assessments.
(a) If a contractor fails to pay the
contractors recovery fund fee provided in section 444-27, HRS, within sixty days
from the date of the assessment, the contractor's license shall be automatically
forfeited without a hearing.
77-30
§16-77-106
(b) A license forfeited under subsection (a) may be restored upon
submittal of the assessed contractors recovery fund fee plus a penalty fee of ten
dollars within thirty days of forfeiture. Failure to submit these fees within this time
period shall require the contractor to apply as a new applicant. The contractor shall
be required to pay these fees, in addition to meeting the other requirements
contained in this chapter and chapter 444, HRS, as a condition of relicensure. [Eff
and comp 12/9/02; comp 4/15/04] (Auth: HRS §§444-4, 444-27) (Imp: HRS
§444-27)
§16-77-101 Use of education fund fees.
(a) The board may authorize the
use of the funds deposited in the contractors education fund for the consuming
public, licensees, board members, and staff.
(b) The education funds may be used for publications, media exposure,
seminars, participation in national associations, classes, and any other educational
purposes the board deems necessary.
(c) The board may also use these funds to improve the services of the
board's staff to the consuming public and licensees. [Eff and comp 11/7/83; comp
4/14/88; am and comp 12/9/02; comp 4/15/04] (Auth: HRS §§444-4, 444-29) (Imp:
HRS §444-29)
SUBCHAPTER 18
ADMINISTRATIVE PROCEDURES
§16-77-105 Administrative practice and procedure.
The rules of practice
and procedure of the department, chapter 16-201, are incorporated by reference
herein and made a part of this chapter. [Eff and comp 4/14/88; am and comp
12/9/02; comp 4/15/04] (Auth: HRS §§91-2, 91-3, 91-8, 91-9, 444-4) (Imp: HRS
§§91-2, 91-9)
§16-77-106 Oral testimony.
(a) The board shall accept oral testimony on
any item which is on the board's agenda, provided that the testimony shall be subject
to the following conditions:
(1) Each person seeking to present oral testimony shall so notify the
board not later than forty-eight hours prior to the meeting, and at that
time shall state the item on which testimony is to be presented;
77-31
§16-77-106
(2) The board may request that any person providing oral testimony
submit the remarks, or a summary of the remarks, in writing to the
board;
(3) The board may rearrange the items on the agenda for the purpose of
providing for the most efficient and convenient presentation of oral
testimony;
(4) Persons presenting oral testimony shall, at the beginning of the
testimony, identify themselves and the organization, if any, that they
represent;
(5) The board may limit oral testimony to a specified time period but in
no case shall the period be less than five minutes, and the person
testifying shall be informed prior to the commencement of the
testimony of the time constraints to be imposed; and
(6) The board may refuse to hear any testimony which is irrelevant,
immaterial, or unduly repetitious to the agenda item on which it is
presented.
(b) Nothing in this section shall require the board to hear or receive any
oral or documentary evidence from a person on any matter which is currently the
subject of a proceeding which is subject to the hearings relief, declaratory relief, or
rule relief provisions of chapter 16-201.
(c) Nothing in this section shall prevent the board from soliciting oral
remarks from persons present at the meeting or from inviting persons to make
presentations to the board on any particular matter on the board's agenda. [Eff and
comp 4/14/88; am and comp 12/9/02; comp 4/15/04] (Auth: HRS §444-4) (Imp:
HRS §92-3)
§16-77-107 Referral for hearing.
The board may refer any disputed matter
to a hearing pursuant to chapter 91, HRS, including but not limited to allegations
concerning the experience or financial integrity of an applicant or a licensee. [Eff
and comp 4/14/88; am and comp 12/9/02; comp 4/15/04] (Auth: HRS §444-4)
(Imp: HRS §§444-11, 444-11.1, 444-16)
SUBCHAPTER 19
ASBESTOS CONTRACTORS
§16-77-111 Definitions.
As used in this subchapter or in chapter 444, HRS:
"Asbestos-containing material" means any material that contains more than
one per cent asbestos.
77-32
§16-77-113
"Asbestos project" means any activity involving the demolition, renovation,
or encapsulation of friable asbestos materials.
"Demolition" means the wrecking or taking of any load-supporting structural
member related to or containing friable asbestos materials, and any related removing
or stripping of friable asbestos materials.
"Encapsulate" means to coat, bind, or resurface walls, ceilings, pipes, or
other structures to prevent friable asbestos from becoming airborne.
"Friable asbestos" means any asbestos-containing material that can be
crumbled, pulverized, or reduced to powder, when dry, by hand pressure and
includes previously non-friable material after such previously non-friable material
becomes damaged to the extent that when dry it may be crumbled, pulverized, or
reduced to powder by hand pressure.
"Renovation" means the removal or stripping of friable asbestos materials
used on any pipe, duct, boiler, tank, reactor, turbine, furnace, or structural member.
[Eff and comp 4/14/88; am and comp 12/9/02; comp 4/15/04] (Auth: HRS §§444-4,
444-7.5) (Imp: HRS §444-7.5)
§16-77-112 License required.
(a) Any person or contracting entity who
engages in any activity involving the application, enclosure, removal, encapsulation,
renovation, repair, demolition, or other disturbances of friable asbestos or asbestos-
containing material that may become friable during the activity shall be licensed as
an asbestos contractor by the board under chapter 444, HRS, and this chapter.
(b) Contractors holding licenses which include maintenance, repair, or
removal of asbestos pipe or sheets, vinyl asbestos floor materials, or asbestos
bituminous or resinous materials in their scope of activity of the license are exempt
from obtaining a separate asbestos classification provided the activity is performed
in a manner that no health hazard is posed to the public, the contractor, or the
contractor's employees. [Eff and comp 4/14/88; am and comp 12/9/02;
comp 4/15/04] (Auth: HRS §§444-4, 444-7.5) (Imp: HRS §§444-7, 444-7.5, 444-9,
444-11)
§16-77-113 Requirements for license.
(a) Applicants for an asbestos
contractor's license shall meet all licensing requirements as required for other
specialty contractors with the exception of the experience requirements under
section 16-77-18. In lieu of these experience requirements, applicants shall meet the
asbestos training requirements under section 16-77-114.
(b) Applicants shall submit proof of training obtained pursuant to this
subchapter by the applicant, the RME, and all asbestos abatement workers or
employees hired by the applicant. [Eff and comp 4/14/88; am and comp 12/9/02;
77-33
§16-77-113
comp 4/15/04] (Auth: HRS §§444-4, 444-7.5) (Imp: HRS §§444-7, 444-7.5, 444-8,
444-9, 444-11)
§16-77-114 Training requirements.
(a) Applicants shall submit proof of the
successful completion by the applicant or the applicant's RME, as the case may be,
of a four-day Environmental Protection Agency (EPA) or board approved asbestos
training course taken within two years prior to the filing of the application for
license. The training shall include lectures, demonstrations, six hours of hands-on
training, individual respirator fit testing, course review, and a written examination.
The written examination shall consist of one hundred multiple choice questions and
the passing score shall be seventy per cent. The following topics shall be adequately
addressed in the training:
(1) The physical characteristics of asbestos, and asbestos-containing
materials, including identification of asbestos, aerodynamic
characteristics, typical uses, and physical appearance; a review of
hazard assessment considerations; and a summary of abatement
control options;
(2) Potential health effects related to asbestos exposure, including the
nature of asbestos-related diseases; routes of exposure; dose-response
relationships and the lack of a safe exposure level; synergism
between cigarette smoking and asbestos exposure; and latency period
for disease;
(3) Employee personal protective equipment, including classes and
characteristics of respirator types; limitations of respirators and their
proper selection, inspection, donning, use, maintenance, and storage
procedures; methods for field testing of the facepiece-to-face seal
(positive and negative pressure fitting tests); qualitative and
quantitative fit testing procedures; variability between field and
laboratory protection factors; factors that alter respirator fit (e.g.,
facial hair); the components of a proper respiratory protection
program; selection and use of a personal protective clothing; use,
storage, and handling of non-disposable clothing; and regulations
covering personal protective equipment;
(4) State-of-the-art work practices, including proper work practices for
asbestos abatement activities including descriptions of proper
construction and maintenance of barriers and decontamination
enclosure systems; positioning of warning signs; electrical and
ventilation system lockout; proper working techniques for
minimizing fiber release; use of wet methods; use of negative
pressure ventilation equipment; use of high efficiency particulate air
77-34
§16-77-114
(HEPA) vacuums; proper clean-up and disposal procedures; work
practices for removal, encapsulation, enclosure, and repair;
emergency procedures for sudden releases; potential exposure
situations; transport and disposal procedures, and recommended and
prohibited work practices; and any new abatement-related techniques
and methodologies;
(5) Personal hygiene, including entry and exit procedures for the work
area; use of showers; and avoidance of eating, drinking, smoking,
and chewing (gum or tobacco) in the work area; and other potential
exposures, such as family exposure;
(6) Additional safety hazards, including hazards encountered during
abatement activities and how to deal with them, such as electrical
hazards, heat stress, air contaminants other than asbestos, fire and
explosion hazards, scaffold and ladder hazards, slips, trips, and falls,
and confined spaces;
(7) Medical monitoring, including Occupational Safety and Health
Administration (OSHA) requirements for a pulmonary function test,
chest X-rays, and a medical history for each employee;
(8) Air monitoring, including procedures to determine airborne
concentrations of asbestos fibers that will provide a description of
aggressive sampling, sampling equipment and methods; reasons for
air monitoring, types of samples, and interpretation of results,
specifically from analysis performed by polarized light, phase-
contrast, and electron microscopy analyses;
(9) Relevant federal, state, and local regulatory requirements including:
(A) Requirements of the Toxic Substances Control Act Title II,
Asbestos Hazard Emergency Response (P.L. 99-519, 100
Stat. 2970, et seq., 15 U.S.C. §2641 et seq.);
(B) National Emission Standards for Hazardous Air Pollutants,
(40 CFR Part 61, Subparts A (General Provisions) and M
(National Emission Standard for Asbestos));
(C) OSHA standards for permissible exposure to airborne
concentrations of asbestos fibers and respiratory protection
(29 CFR §1910.134);
(D) OSHA Asbestos Construction Standard (29 CFR
§1926.1101); and
(E) EPA Worker Protection Rule (40 CFR Part 763, Subpart G
(Asbestos Abatement Projects));
(10) Respiratory protection programs and medical surveillance programs;
77-35
§16-77-114
(11) Insurance and liability issues, including contractor issues; workers'
compensation coverage and exclusions; third-party liabilities and
defenses; insurance coverage and exclusions;
(12) Recordkeeping for asbestos abatement projects, including records
required by federal, state, and local regulations; and records
recommended for legal and insurance purposes;
(13) Supervisory techniques for asbestos abatement activities, including
supervisory practices to enforce and reinforce the required work
practices and discourage unsafe work practices;
(14) Contract specifications, involving key elements that are included in
contract specifications; and
(15) Course review of key aspects of the training course.
(b) Applicants shall submit proof of the successful completion by the
applicant's asbestos abatement workers or employees of a three-day EPA or board
approved asbestos training course taken within two years prior to the filing of the
application for license. The training shall include lectures, demonstrations, six hours
of hands-on training, individual respirator fit testing, course review, and a written
examination. The written examination shall consist of fifty multiple choice
questions and the passing score shall be seventy per cent. The following topics shall
be adequately addressed in the training:
(1) Physical characteristics of asbestos, including identification of
asbestos, aerodynamic characteristics, typical uses, and physical
appearance, and a summary of abatement control options;
(2) Potential health effects related to asbestos exposure, including the
nature of asbestos-related diseases, routes of exposure, dose-response
relationships and the lack of a safe exposure level, synergism
between cigarette smoking and asbestos exposure, and latency period
for disease;
(3) Employee personal protective equipment, including classes and
characteristics of respirator types; limitations of respirators and their
proper selection, inspection, donning, use, maintenance, and storage
procedures; methods for field testing of the facepiece-to-face seal
(positive and negative pressure fitting tests); qualitative and
quantitative fit testing procedures; variability between field and
laboratory protection factors; factors that alter respirator fit (e.g.,
facial hair); the components of a proper respiratory protection
program; selection and use of personal protective clothing; use,
storage, and handling of non-disposal clothing; and regulations
covering personal protective equipment;
(4) State-of-the-art work practices, including proper asbestos abatement
activities which describe proper construction and maintenance of
77-36
§16-77-115
barriers and decontamination enclosure systems; positioning of
warning signs; electrical and ventilation system lockout; proper
working techniques for minimizing fiber release; use of wet
methods; use of negative pressure ventilation equipment; use of high
efficiency particulate air (HEPA) vacuums; proper clean-up and
disposal procedures; work practices for removal, encapsulation,
enclosure, and repair; emergency procedures for sudden releases,
potential exposure situations; transport and disposal procedures; and
recommended and prohibited work practices;
(5) Personal hygiene, including entry and exit procedures for the work
area; use of showers; avoidance of eating, drinking, smoking, and
chewing (gum or tobacco) in the work area; and potential exposures,
such as family exposure;
(6) Additional safety hazards, including hazards encountered during
abatement activities and how to deal with them, including electrical
hazards, heat stress, air contaminants other than asbestos, fire, and
explosion hazards, scaffold and ladder hazards, slips, trips, and falls,
and confined spaces;
(7) Medical monitoring, including OSHA requirements for a pulmonary
function test, chest X-rays and a medical history for each employee;
(8) Air monitoring, including procedures to determine airborne
concentrations of asbestos fibers, focusing on how personal air
sampling is performed and the reasons for it;
(9) Relevant federal, state, and local regulatory requirements,
procedures, and standards, including relevant EPA, OSHA, and state
regulations concerning asbestos abatement workers;
(10) Establishment of respiratory protection programs; and
(11) Course review of key aspects of the training course.
(c) One day of training shall equal eight hours, including breaks and
lunch. [Eff and comp 4/14/88; am and comp 12/9/02; comp 4/15/04] (Auth: HRS
§444-4, 444-7.5) (Imp: HRS §§444-7, 444-7.5, 444-8, 444-9, 444-11)
§16-77-115 Examination.
Applicants shall take and successfully pass Part I
of the board's examination as described in subchapter 7 and shall submit proof of
passing the EPA or board approved training course examination by a score of
seventy per cent. [Eff and comp 4/14/88; am and comp 12/9/02; comp 4/15/04]
(Auth: HRS §§444-4, 444-7.5) (Imp: HRS §§444-7, 444-7.5, 444-8, 444-9, 444-11)
77-37
§16-77-116
§16-77-116 Conditions for renewal of license; refresher training courses.
(a) In addition to meeting all other requirements for renewal pursuant to
subchapter 8, asbestos contractors shall submit proof of completion by the
individual, RME, and asbestos abatement workers or employees of a sixteen-hour
EPA or board approved asbestos refresher training course for the previous biennium;
or eight hours of training if the individual, RME, and asbestos abatement workers or
employees were licensed in the second year of the biennium.
(b) The refresher training course shall review and discuss changes in
federal and state regulating developments in state-of-the-art procedures and a review
of key aspects of the initial training course. [Eff and comp 4/14/88; am and comp
12/9/02; comp 4/15/04] (Auth: HRS §§444-4, 444-7.5, 444-15) (Imp:
HRS §§444-7, 444-7.5, 444-8, 444-9, 444-11, 444-15)
§16-77-117 Revocation, suspension, and renewal of license.
The board may
revoke, suspend, or refuse to renew any asbestos specialty contractor's license for
any of the causes provided in section 444-17, HRS, or for any of the following
causes:
(1) Failing to meet any Hawaii and federal OSHA or EPA health, safety
or environmental requirements or standards;
(2) Deviating from any Hawaii and federal OSHA or EPA asbestos
procedures;
(3) Allowing any individual, asbestos abatement worker or employee
who has not received the required asbestos training to work on any
asbestos project;
(4) Failing to have present at the work site at all times while the work is
in progress, the RME or supervisor who has received the required
asbestos training;
(5) Failing to provide an asbestos abatement worker or employee access
to the asbestos-trained RME or supervisor at the work site
throughout the duration of the project;
(6) Refusing entry to the work site to any representative of the
departments of health, labor and industrial relations, or commerce
and consumer affairs;
(7) Failing to maintain proof that all RMEs, job site supervisors, and
asbestos abatement workers or employees have successfully
completed the appropriate asbestos training; and
(8) Failing to make accessible any records of the licensee for the purpose
of inspection for health or safety reasons, to any representative of the
departments of health, labor and industrial relations, or commerce
77-38
§16-77-117
and consumer affairs. [Eff and comp 4/18/88; am and comp 12/9/02;
comp 4/15/04] (Auth: HRS §§444-4, 444-7.5) (Imp: HRS §§444-7,
444-7.5, 444-8, 444-9, 444-11, 444-17)
77-39
Amendments to and compilation of Chapter 16-77, Hawaii Administrative
Rules, on the Summary page dated January 23, 2004, were adopted on
January 23, 2004, following a public hearing held on January 23, 2004, after
public notice was given in the Honolulu Star-Bulletin, The Garden Island, the
Hawaii Tribune-Herald, West Hawaii Today and The Maui News on
December 22, 2003.
These rules shall take effect ten days after filing with the Office of the
Lieutenant Governor.
/s/ R. S. Buck Schipa
R.P. BUCK SCHIPA, Chairperson
Contractors License Board
APPROVED AS TO FORM: Date 2/17/04
/s/ Rodney J. Tam
Deputy Attorney General
APPROVED: Date 2/28/04
/s/ Mark E. Recktenwald
MARK E. RECKTENWALD, Director
Commerce and Consumer Affairs
APPROVED: Date 4/2/04
/s/ Linda Lingle
LINDA LINGLE
Governor
State of Hawaii
Arpil 5, 2004
Filed
77-41
DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
Amendment and Compilation of Chapter 16-77
Hawaii Administrative Rules
January 23, 2004
SUMMARY
1. §16-77-11 is amended.
2. §16-77-28 is amended.
3. §16-77-64 is amended.
4. §16-77-74 is repealed.
5. Chapter 77 is compiled.
This material can be made available for individuals with special needs. Please call the Program Specialist, Professional and
Vocational Licensing Division, DCCA, at 586-2692 to submit your request.
Effective 4/15/04
EXHIBIT A
Specialty Contractor Classifications
Specialty contractors are further classified under the following
subclassifications:
C-1 Acoustical and insulation contractor;
C-2 Mechanical insulation contractor;
C-3 Asphalt paving and surfacing contractor;
C-3a Asphalt concrete patching, sealing, and striping contractor;
C-3b Play court surfacing contractor;
C-4 Boiler, hot-water heating, and steam fitting contractor;
C-5 Cabinet, millwork, and carpentry remodeling and repairs
contractor;
C-5a Garage door and window shutters contractor;
C-5b Siding application contractor;
C-6 Carpentry framing contractor;
C-7 Carpet laying contractor;
C-9 Cesspool contractor;
C-10 Scaffolding contractor;
C-12 Drywall contractor;
C-13 Electrical contractor;
C-14 Sign contractor;
C-15 Electronic systems contractor;
C-15a Fire and burglar alarm contractor;
C-15b Telecommunications contractor;
C-16 Elevator contractor;
C-16a Conveyor systems contractor;
C-17 Excavating, grading, and trenching contractor;
C-19 Asbestos contractor;
C-20 Fire protection contractor;
C-20a Fire repressant systems contractor;
C-21 Flooring contractor;
C-22 Glazing and tinting contractor;
C-22a Glass tinting contractor;
C-23 Gunite contractor;
C-24 Building moving and wrecking contractor;
A-1
May 23, 2003
C-25 Institutional and commercial equipment contractor;
C-27 Landscaping contractor;
C-27a Hydro mulching contractor;
C-27b Tree trimming and removal contractor;
C-31 Masonry contractor;
C-31a Cement concrete contractor;
C-31b Stone masonry contractor;
C-31c Refractory contractor;
C-31d Tuckpointing and caulking contractor;
C-31e Concrete cutting, drilling, sawing, coring, and pressure grouting
contractor;
C-32 Ornamental, guardrail, and fencing contractor;
C-32a Wood and vinyl fencing contractor;
C-33 Painting and decorating contractor;
C-33a Wall coverings contractor;
C-33b Taping contractor;
C-33c Surface treatment contractor;
C-34 Soil stabilization contractor;
C-35 Pile driving, pile and caisson drilling, and foundation contractor;
C-36 Plastering contractor;
C-36a Lathing contractor;
C-37 Plumbing contractor;
C-37a Sewer and drain line contractor;
C-37b Irrigation and lawn sprinkler systems contractor;
C-37c Vacuum and air systems contractor;
C-37d Water chlorination and sanitation contractor;
C-37e Treatment and pumping facilities contractor;
C-37f Fuel dispensing contractor;
C-38 Post tensioning contractor;
C-40 Refrigeration contractor;
C-40a Prefabricated refrigerator panels contractor;
C-41 Reinforcing steel contractor;
C-42 Roofing contractor;
C-42a Aluminum and other metal shingles contractor;
C-42b Wood shingles and wood shakes contractor;
C-42c Concrete and clay tile contractor;
C-42e Urethane foam contractor;
C-42g Roof coatings contractor;
C-43 Sewer, sewage disposal, drain, and pipe laying contractor;
C-43a Reconditioning and repairing pipeline contractor;
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C-44 Sheet metal contractor;
C-44a Gutters contractor;
C-44b Awnings and patio cover contractor;
C-48 Structural steel contractor;
C-48a Steel door contractor;
C-49 Swimming pool contractor;
C-49a Swimming pool service contractor;
C-49b Hot tub and pool contractor;
C-51 Tile contractor;
C-51a Cultured marble contractor;
C-51b Terrazzo contractor;
C-52 Ventilating and air conditioning contractor;
C-53 Miscellaneous retail products contractor;
C-54 Interior design contractor;
C-55 Waterproofing contractor;
C-56 Welding contractor;
C-57 Well contractor;
C-57a Pumps installation contractor;
C-57b Injection well contractor;
C-60 Solar power systems contractor;
C-61 Solar energy systems contractor;
C-61a Solar hot water systems contractor;
C-61b Solar heating and cooling systems contractor;
C-62 Pole and line contractor;
C-62a Pole contractor;
C-63 High voltage electrical contractor; and
C-68 Classified specialist.
The scope of work of each specialty contractor classification shall be as
follows:
C-1 Acoustical and insulation contractor. To install interior or
exterior acoustic tile systems, spray systems, and insulation in
buildings and structures for the purpose of sound control.
These systems or materials may be installed independently of or
in conjunction with acoustic tile and/or drywall systems as
multipurpose (acoustic, insulation, fire retardant) systems;
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C-2 Mechanical insulation contractor. To install insulation
materials on mechanical systems for the purpose of temperature
control.
C-3 Asphalt paving and surfacing contractor. To proportion, mix,
and place base materials; and to place paving and surfacing
consisting of graded mineral aggregates bonded with asphalt or
bituminous materials so that a firm, smooth surface suitable for
roadways, runways, driveways, parking areas, and play areas is
obtained, including the application of seal coating and parking lot
or highway striping;
C-3a Asphalt concrete patching, sealing, and striping contractor.
To patch asphalt roadways, runways, driveways and parking
areas so that a suitable surface is obtained; to seal coat surfaces, to
paint parking stripes, highway stripes, or playcourt lines, and
to
install epoxy buttons or white dome dividers on highways;
C-3b Play court surfacing contractor. To prepare or install existing
or new surfaces; to install materials or apply top or seal coating so
that a level, suitable play court surface is obtained; and to paint
playcourt lines;
C-4 Boiler, hot-water heating, hot water supply, and steam fitting
contractor. To install and repair fire-tube and water-tube power
boilers, packaged boiler systems, hot-water heating and hot water
supply boilers, and thermal fluid systems; including all fitting and
piping, valves, gauges, pumps, radiators, convectors, fuel oil
tanks, fuel oil lines, hazardous waste storage tanks, chimneys,
flues, heat insulation, and all other devices, apparatus, and
equipment appurtenant thereto, including the insulation of pipes
in connection with the boiler installation or repair, and installation
of hydromatic radiant heating systems (warm floor) provided
these are connected to a boiler;
C-5 Cabinet, millwork, and carpentry remodeling and repairs
contractor. To install cabinets, cases, sashes, doors, trims, or
nonbearing partitions that become a permanent part of
structure,
and to remodel or to make repairs to existing bu
ildings or
structures, or both; and to do any other work which would be
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incidental and supplemental to the remodeling or repairing. The
repairs, carpentry work, or remodeling shall include the
installation of window shutters, garage doors, bifold, and shutter
doors; and the installation of manufactured sidings and any other
work that would not involve changes or additions to the building's
or structure's basic components such as, but not limited to,
foundations, beams, rafters, joists, or any load bearing members
or sections;
C-5a Garage door and window shutters contractor. To install
overhead, mechanical and sliding garage doors, including
installation of window shutters which involves similar installation
methods;
C-5b Siding application contractor. To prepare surfaces and install
aluminum, vinyl or other manufactured siding, with the exception
of wood, so that a watertight surface is obtained;
C-6 Carpentry framing contractor. To do wood and metal framing,
siding, wood truss, roof sheathing, and other work as is by custom
and usage accepted in the construction industry as carpentry
framing;
C-7 Carpet laying contractor. To apply or install acceptable fabric
floor coverings, artificial turf, or other prefabricated materials to
surfaces;
C-9 Cesspool contractor. To excavate and install cesspools and
septic tanks in compliance with the requirements of the
department of health;
C-10 Scaffolding contractor. To erect or dismantle scaffolds only.
The other contractor classifications may automatically perform
this type of work in connection with their classifications;
C-12 Drywall contractor. To layout and install nonstructural metal
studs, channel and joist framing systems, and all types of gypsum
wallboard systems, including the taping and texturing operations
incidental thereto. Also included is the application of spray on
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barriers which would be incidental to the installation of
wallboard;
C-13 Electrical contractor. To place, install, erect, or connect any
electrical wires, fixtures, appliances, apparatus, electrical signs,
conduits, poles, raceways, and to do trenching, backfilling,
patching, and surface restoration in connection with the
installation of conduits and lines which transmit, transform, or
utilize electrical energy less than 600 volts phase to phase. This
classification also includes the work of the C-15 electronic
systems contractor and C-60 solar power systems contractor;
C-14 Sign contractor. To fabricate or install electrical or nonelectrical
signs and sign devices for the purpose of display, advertising, or
directions; and to install all sign supports and sign accessories;
C-15 Electronic systems contractor. To install electronic equipment
and electronic controls, including but not limited to, public
address, intercommunication, master antenna, and music
distribution systems, CATV systems, master and program clock
systems, electronic teaching devices, and other systems including
electric door opening devices and fire and burglar alarm systems;
provided that this shall not include the installation of any conduits
thereto;
C-15a Fire and burglar alarm contractor. To install, maintain, and
repair central fire and burglar alarm systems; provided that this
shall not include the installation of any conduits thereto;
C-15b Telecommunications contractor. To install, maintain, and
repair telephone, computer, and data systems; including the
associated cabling, wiring, or fiber optics; provided that this shall
not include the installation of any conduits thereto;
C-16 Elevator contractor. To assemble and install and maintain
sheave beams, motors, sheaves, cable and wire rope, guides, cab,
counterweight, door assemblies, hydraulic systems, automatic and
manual control systems, signal systems, and all other devices,
apparatus, and equipment for the safe and efficient
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installation and operation of electrical, hydraulic, and manually
operated elevators, dumb waiters, moving walks or ramps,
conveyor systems, stage lifts, escalators, and man lifts excluding
any lift or conveyor used in constructing a building or structure.
To make or oversee alterations within the cab of the elevator
which require a permit from the department of labor and
industrial relations;
C-16a Conveyor systems contractor. To install belt line conveyor
systems including installation of baggage carousels;
C-17 Excavating, grading, and trenching contractor. To dig, move,
and place earthen material for a cut, fill, grade, or trench,
including the use of explosives in connection therewith;
C-19 Asbestos contractor. To engage in any activity involving the
application, enclosure, removal, encapsulation, renovation, repair,
demolition, or other disturbances of asbestos or asbestos-
containing material that may become friable;
C-20 Fire protection contractor. To lay out and install approved
types of fire prevention and protective systems, including all
mechanical apparatus, devices, piping, and equipment
appurtenant thereto. The licensee shall comply with applicable
provisions of the National Board of Fire Underwriters (NBFU)
standards to meet all requirements of the local authorities having
jurisdiction;
C-20a Fire repressant systems contractor. To install tanks, piping,
sprinkler heads, dry chemical systems, CO
2 systems, and halon
systems related to fire repressant systems;
C-21 Flooring contractor. To apply or install floor covering material
such as linoleum, rubber, vinyl, cork, asphalt, plastic aluminates,
or other materials that are by custom and usage accepted in the
construction industry as composition flooring; including the
installation of wood floor covering and also to include floor
sanding and refinishing of floor surfaces. This also includes the
use of rubber granules to create a floor covering or surface;
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C-22 Glazing and tinting contractor. To glaze or tint frames, panels,
sash, and doors. To assemble and install window wall and curtain
wall, shower doors, tub enclosures, mirrors, metal windows and
screens, metal sliding doors, metal jalousies, store front metal and
trim, plastics, tempered glass doors; including items such as
frames and hardware and any allied products not stated above but
affiliated with the glass and glazing industry;
C-22a Glass tinting contractor. To apply any material or combination
of materials to surfaces described in the C-22 classification above,
to provide a tinting shield from natural or artificial light;
C-23 Gunite contractor. To pneumatically apply aggregates, cement,
and water as gunite and finish the surface; including the setting of
ground wires and pencil rods to establish the finished surface
planes;
C-24 Building moving and wrecking contractor. To move, post, or
demolish structures including removal of debris and to dismantle
or free specific portions of a structure in order that it can be raised
and moved. Posting shall be limited to placing a structure in
position on a property only, and renovations shall not be included;
C-25 Institutional and commercial equipment contractor. To
install industrial instrumentation including, but not limited to,
pneumatic instrumentation systems, laboratory equipment,
lockers, and food services equipment, folding and sliding
partitions, folding bleachers, stationary metal partitions, raised
floor systems, prefabricated systems using metal chutes,
incinerator, stages and rigging of stage curtains and racks, jail and
prison equipment, and related locking devices or control systems,
and other equipment and materials as are by custom and usage
accepted in the construction industry as institutional and
commercial equipment work; and to install factory built stoves,
fireplaces, and prefabricated steel chimneys;
C-27 Landscaping contractor. To prepare plots of land for
architectural horticulture and to provide tree trimming, decorative
treatment and arrangement of gardens, lawns, shrubs,
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vines, bushes, trees, and other decorative vegetation; construct
conservatories, hot and green houses, drainage and sprinkler
systems, all types of rockscaping and ornamental pools, fountains,
ornamental walls, fences, and walks; and placement of hydro
mulching for ground cover and for containment of soil. This also
includes the installation of irrigation control or decorative lamp
electrical wiring associated with the above that will carry 24 volts
or less;
C-27a Hydro mulching contractor. To place hydro mulch material as
a bed for ground cover and for containment of soil;
C-27b Tree trimming and removal contractor. To prune, trim, and
remove trees, including stumps, and restore ground to condition
similar to adjacent area; provided that this does not include the
relocation and planting of field grown trees;
C-31 Masonry contractor. To lay brick and other baked clay
products, rough or cast stone, marble, granite, or any decorative
plaster, cut and dressed stone, artificial stone and brick veneer,
CMU, and structural glass, brick or block, laid with or without
mortar or adhesives, manufactured precast concrete facing and
back-up panels and brick or block panel; installation of fire clay
products and refractories; installation of
concrete fencing;
installation of grout, rubble work, caul
king, tuckpointing,
sandblasting, mortar, washing, and cleaning related to masonry
construction; to place and finish cement concrete; to drill, saw,
and core concrete; and to do epoxy injection in concrete for
structural purposes;
C-31a Cement concrete contractor. To mix aggregates, cement, and
water in order to make acceptable concrete; to place and finish
concrete including the setting of screeds and forms; to do
tuckpointing and caulking of concrete block and pre-cast stone; to
caulk metal to concrete and masonry; to cut, drill, saw, core, and
pressure grout concrete; to do sandblasting, waterblasting,
cleaning, sealing, and epoxy injection of concrete; and to perform
spall repair;
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C-31b Stone masonry contractor. To construct ornamental walls,
veneer walls, and structural walls or columns from marble,
granite, or any decorative plaster, stone, artificial stone, rough or
cast stone, or veneer stone; to lay stone in a manner that an
acceptable paved surface is obtained; and to construct stone
retaining walls with or without mortar, in conformance with
building code requirements;
C-31c Refractory contractor. To set or install high temperature fire
clay and refractory products or equipment;
C-31d Tuckpointing and caulking contractor. To do tuckpointing,
caulking, and sealing of concrete block and pre-cast stone; to
caulk metal to concrete and masonry; and to perform spall repair;
C-31e Concrete cutting, drilling, sawing, coring, and pressure
grouting contractor. To cut, drill, saw, core, and pressure grout
concrete;
C-32 Ornamental, guardrail, and fencing contractor. Installation of
all types of structural and nonstructural units for residential,
commercial, and industrial construction, both interior and exterior
including, but not limited to, folding gates, guardrails, handrails,
stairs, fencing and gates, window shutters and grills, roll up
shades, non-electrical signs, room dividers and shields,
accessories, railings, and traffic safety devices;
C-32a Wood and vinyl fencing contractor. To install, maintain, or
repair wood or vinyl fencing;
C-33 Painting and decorating contractor. To apply materials
common to the painting and decorating industry for protective
and decorative purposes, including highway and parking striping
and painting of playcourt lines, by the use of, but not limited to,
emulsions, waxes, water repellants, epoxes, polyesters, urethane,
liquid-glass, fibrous, cement, and rubber base coatings. Surface
preparations of all types, caulking, sandblasting, waterblasting,
power cleaning, or steam cleaning preparatory to painting.
Installation of wall surface covering, decorative texturing, taping,
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and finishing of drywall. This also includes the application of
sealants in connection with the above;
C-33a Wall coverings contractor. To prepare surfaces and install wall
covering materials such as vinyls, wallpapers, wood veneer, cloth
fabric, and fibrous type coverings;
C-33b Taping contractor. To fill and tape joints and indentations in
wallboard so that a smooth surface is obtained to serve as a base
for future finishes;
C-33c Surface treatment contractor. To treat surfaces by using, but
not limited to, sandblasting, waterblasting, power cleaning, or
steam cleaning. This also includes the application of sealants in
connection with the above;
C-34 Soil stabilization contractor. To stabilize earth through the use
of cement and/or chemical pressure grouting;
C-35 Pile driving, pile and caisson drilling, and foundation
contractor. To drill holes for pilings and caissons and to drive
piles and set caissons including cutting piles and capping same.
To compact earth for foundations by vibrafloat or similar
systems;
C-36 Plastering contractor. To apply gypsum plaster, cement, and
acoustical plaster or any combination of materials common to the
plastering industry to any surface which offers either a
mechanical or suction type bond by spray or trowel; to apply lath
or any other material that will provide a bond for the plaster
including spray on, multipurpose, acoustic, insulation, and fire
retardant systems; and to apply cementitious fire proofing
systems;
C-36a Lathing contractor. To apply wood and metal lath, or any other
materials which provide a key or suction base for the support of
plaster coatings; including the installation of metal framing for
the support of lath;
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C-37 Plumbing contractor. To install, repair, or alter complete
plumbing systems which shall include supply water piping
systems, hot water piping systems which includes, but is not
limited to, heat pump water heaters, and hot water supply boilers
with a heat input of 200,000 BTU/h or less, waste water piping
systems, fuel gas piping systems, waste water treatment systems,
and other fluid piping systems; the equipment,
backflow
prevention assemblies, instrumentation, non-electric controls, and
the fixture for these systems and the venting for waste water
piping systems and fuel gas piping systems; for any purpose in
connection with the use and occupancy of buildings, structures,
works, and premises where people or animals live, work, and
assemble; including piping for vacuum, air, and medical gas
systems, spas and swimming pools, lawn sprinkler systems,
irrigation systems, sewer lines and related sewage disposal work
performed within property lines, fire protection sprinkler systems
when supervised by licensed mechanical engineers or licensed
fire protection contractors, and solar hot water heating systems,
and the trenching, backfilling, patching, and surface restoration in
connection therewith;
C-37a Sewer and drain line contractor. To install sewer line from
house to city sewer with connections; and to install septic tanks,
package sewage treatment plants, and related work, within
property lines;
C-37b Irrigation and lawn sprinkler systems contractor. To install
all piping and fittings, pressure regulators, backflow prevention
devices, and irrigation control electrical wiring that will carry
twenty-four volts or less, as required to provide irrigation systems
for, but not limited to lawns, parks, playgrounds, highway right of
ways, golf courses, and school facilities; including installation of
automatic or manual controls in relation to an irrigation system;
C-37c Vacuum and air systems contractor. To install tubing for air
systems, pneumatic conveyor systems, and central vacuum
systems for conveying material;
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C-37d Water chlorination and sanitation contractor. To chlorinate or
sanitize water or water lines; repair water lines and additions to
water lines; and check bacterial count in the water or water lines;
C-37e Treatment and pumping facilities contractor. To install,
assemble, alter, repair and maintain the equipment and piping
systems in connection with wastewater treatment, water
distribution, and water pumping facilities;
C-37f Fuel dispensing contractor. To install, remove, and repair gas
tanks, hazardous waste storage tanks, pumps, hoists, or other
related equipment for facilities such as, but not limited to, service
stations;
C-38 Post tensioning contractor. To apply compression to concrete
structures or various components by the use of steel bars or wires;
and to bring bars or wires to proper tension after the structures or
components are built or placed;
C-40 Refrigeration contractor. To assemble and install devices,
machinery, and units, including temperature insulation units,
ducts, blowers, registers, humidity, and thermostatic controls for
the control of air temperature below fifty degrees Fahrenheit in
refrigerators, refrigerator rooms, and insulated refrigerator spaces;
and to construct walk-in refrigerator boxes;
C-40a Prefabricated refrigerator panels contractor. To install
prefabricated refrigerator panels;
C-41 Reinforcing steel contractor. To fabricate, place and tie steel
reinforcing bars (rods), of any profile, perimeter, or cross-section,
that are or may be used to reinforce concrete buildings and
structures;
C-42 Roofing contractor. To install roofing to an acceptable surface
and provide a weather tight covering using metal; composition
and cementitious shingles; wood shingles and shakes; concrete,
clay, and other types of tile; built-up, modified bitumen, single
ply, and fluid type systems; and other roofing materials including
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spray urethane foam, asphalt, and liquid (cutback) asphalt. To
apply protective or reflective roofing, or both. To apply deck
coatings and top coatings. To also install roof flashing in
connection with all of the above;
C-42a Aluminum and other metal shingles contractor. To install
aluminum and other types of metal shingles so that an acceptable
watertight surface is obtained;
C-42b Wood shingles and wood shakes contractor. To install wood
shingles and shakes; including all flashing materials to form a
watertight surface, staining in conjunction with shingle and shake
application, and application of water repellent materials;
C-42c Concrete and clay tile contractor. To lay concrete and clay tile
including any underlay, purlins, or nailer strips in conjunction
therewith to form a watertight surface;
C-42e Urethane foam contractor. To prepare roof surface and apply
urethane foam and top coating in connection therewith to form a
watertight roof surface;
C-42g Roof coatings contractor. Application of roof coatings for
waterproofing and reflective purposes; including any surface
preparation necessary for these applications;
C-43 Sewer, sewage disposal, drain, and pipe laying contractor. To
construct concrete and masonry sewers, packaged sewer disposal
plants, sewage lift stations, septic tanks, and appurtenances
thereto; to lay all types of piping for storm drains, water, and gas
lines, irrigation and sewers, manholes in connection with the
above work; and repairing and reconditioning of the pipelines,
including the excavation, grading, trenching, backfilling, paving,
and surfacing in connection therewith;
C-43a Reconditioning and repairing pipeline contractor. To repair
or recondition water and sewer lines manually or by remote
control in conformity with county sewer or with water supply
departments specifications;
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C-44 Sheet metal contractor. To fabricate, assemble and install
cornices, flashings, gutters, downspouts, kitchen and laboratory
equipment, duct work, metal flues, and free standing fireplaces
and chimneys; and to install pre-manufactured sheet metal
products such as metal chutes, lockers, shelving, louvres,
nonbearing metal partitions, metal siding and roofing, and other
sheet metal items common to the trade, and facsimile items such
as plastic skylights, fiberglass ducts and fittings, including
installation of metal awnings, canopies, patio covers, and
seamless metal gutters;
C-44a Gutters contractor. To fabricate and install gutters and
downspouts;
C-44b Awnings and patio cover contractor. To fabricate and install
awnings and patio covers.
C-48 Structural steel contractor. To fabricate and erect structural
steel shapes, bars, rods, and plates of any profile, perimeter, or
cross-section, that are or may be used as structural members for
buildings and structures; including riveting, bolting, welding, and
rigging in connection therewith. Erection of metal buildings,
passenger loading bridges, metal roofing and metal siding
installed on steel framing, mechanical, overhead, sliding and roll-
up steel doors, and grills and bars over windows;
C-48a Steel door contractor. To install and repair mechanical,
overhead, sliding and roll-up steel doors;
C-49 Swimming pool contractor. To construct and repair concrete,
gunite, metal, or plastic type pools, whirlpool baths, hot tubs,
jacuzzies, pool decks, and walkways; including, but not limited
to, installation and repair of water and gas service lines, from
closest point of service to pool equipment, pool piping, fittings,
back flow prevention devices, pumps, heaters, chlorine
dispensers, pool plastering and other types of interior finishing
and sealing, ceramic tile, coping, swimming pool accessories and
safety devices, fences for protective purposes if in original
contract and excavation and grading in connection with
swimming pool construction;
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C-49a Swimming pool service contractor. Repair and replacement of
pumps, filters, heaters and related circulation piping for
swimming pools, whirlpool baths, and jacuzzis; acid washing or
repainting of swimming pool, whirlpool bath, and jacuzzi
interiors; and repairs to pool tile, coping stones, plaster, and
decks;
C-49b Hot tub and pool contractor. To install hot tubs, saunas, and
vinyl or fabric lined pools to include water catchment, storage,
and transmission;
C-51 Tile contractor. To prepare the base upon which ceramic,
mosaic, granite, terrazzo, and other tile work, including all pseudo
tile and marble or cultured marble products, will adhere by
suction, fasteners, or by adhesives; and to install these products;
C-51a Cultured marble contractor. To prepare the base and install
cultured marble or synthetic marble products;
C-51b Terrazzo contractor. To place and finish terrazzo and liquid
membrane with terrazzo chips;
C-52 Ventilating and air conditioning contractor. To fabricate,
assemble, and install warm-air heating and air cooling systems
including heating and cooling solar systems, complete ventilating
systems and complete air conditioning systems including, but not
limited to, piping, controls (other than electrical), instrumentation,
building automation, energy management, and trenching,
backfilling, patching, and surface restoration in connection with
the installation of the air conditioning systems; and including
installation of thermal and acoustical insulation necessary to
maintain heat, or sound, or both, within the systems above. This
also includes the installation of heat pumps related to the air
conditioning system;
C-53 Miscellaneous retail products contractor. To enter into
contracts to install miscellaneous retail products sold by the
licensee; provided that the installation work shall be
subcontracted to and physically performed by appropriately
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licensed contractors. The licensee shall operate as a retailer at a
fixed location of 10,000 square feet or more; file a $50,000 surety
bond with the board; provide in-house financing; inform
consumers that they do not physically perform the installation
work and state that in all advertising; and be primarily responsible
and liable for the actions of the other contractors performing the
installation work.
C-54 Interior design contractor. To enter into contracts to provide
interior design services and perform the renovation work;
provided that the renovation work shall be subcontracted to and
physically performed by appropriately licensed contractors.
The licensee shall inform consumers that they do not physically
perform the renovation work and state that in all advertising; and
be primarily responsible and liable for the actions of the other
contractors performing the renovation work.
C-55 Waterproofing contractor. To apply felt, glass, asphaltum,
epoxy, pitch, silicone, elastomeric coatings, sheet membranes or
any other materials or combination of materials to surfaces to
prevent water and water vapor from penetrating and passing the
materials. Work shall include, but not be limited to,
waterproofing exterior walls and between slabs, both above and
below grade, planter boxes, tank linings and application of tank
coatings, and application to parking decks, play courts, and
walking decks to form a watertight non-skid surface, but not to
include the work of the C-42 roofing contractor. This also
includes surface preparations of all types, caulking, sandblasting,
waterblasting, power cleaning, or steam cleaning preparatory to
waterproofing;
C-56 Welding contractor. On-site job layout, cut, assemble and weld
the metal products including, but not limited to, pipe lines, tanks,
pressure vessels, guard rails, and fire escapes, by welding
techniques using carbon arc, metal arc, submerged arc, flux core,
resistance, and oxyacetylene processes;
C-57 Well contractor. To bore, drill, excavate, case, cement, clean,
and repair water wells; and to install injection wells, water well
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pumps and pump controls, concrete pump base and waterline to
adjacent storage tank;
C-57a Pumps installation contractor. To install pumps and related
equipment including controls, to wells;
C-57b Injection well contractor. To install injection wells;
C-60 Solar power systems contractor. To assemble and install
photovoltaic panels, batteries, controls, and related low voltage
D.C. wiring;
C-61 Solar energy systems contractor. To assemble and install solar
hot water systems in residential and commercial buildings and
swimming pools, provided that this shall not include the
installation of heat pumps or water heaters. To install solar
heating and cooling systems in residential, commercial, and
industrial buildings;
C-61a Solar hot water systems contractor. To assemble and install
collectors, storage vessels, controls, pumps, and piping in
connection therewith;
C-61b Solar heating and cooling systems contractor. To install solar
heating and cooling systems; provided that all specialty work
requiring a license is subcontracted to contractors licensed to
perform that work;
C-62 Pole and line contractor. To dress, ground, anchor, and erect
poles that will carry high voltage (600 volts phase to phase or
more) electrical wires; and to connect and string electrical wires,
fixtures, and apparatus to and between the poles, including
installation of pole-mounted transformers. Work shall include
street and highway lighting and traffic signal systems, and the
work of the C-63 high voltage electrical contractor;
C-62a Pole Contractor. To strengthen poles by injecting into or
encasing poles with fiberglass, polyurethane, epoxy, or similar
materials; or to reinforce poles using steel trusses or braces.
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C-63 High voltage electrical contractor. To place, install, erect, or
connect any electrical wires, fixtures, appliances, apparatus,
conduits, raceways, and to do trenching, backfilling, patching,
and surface restoration in connection with the installation of
conduits and lines which transmit, transform, or utilize electrical
energy of more than 600 volts phase to phase;
C-68 Classified specialist. The performance of construction work
requiring unique or special skill which is not related to or does
not
completely fall within any of the listed classifications; provided
that the new classification is in the best interest of the public as
determined by the board, and the specialist meets the standards
and requirements set by law for licensing.
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