Report Title:

Contractor Licensing; Incidental Work

Description:

Allows a licensed contractor to perform work in a specialized trade for which the contractor is not licensed if the work is incidental to licensed activity, except for incidental work involving electrical, plumbing, asbestos, elevator, or boiler work.

THE SENATE

S.B. NO.

2359

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to contractors.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 444-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Incidental work" means activities directly related to and necessary for the completion of activities or work undertaken by a licensee pursuant to the scope of the licensee's license, but does not include work regulated under chapter 397 or 448E, or section 444-7.5."

SECTION 2. Section 444-8, Hawaii Revised Statutes, is amended to read as follows:

"§444-8 Powers to classify and limit operations. (a) The [contractors license] board may adopt rules [and regulations] necessary to effect the classification of contractors in a manner consistent with established usage and procedure as found in the construction business, and may limit the field and scope of the operations of a licensed contractor to those in which the contractor is classified and qualified to engage, as defined in section 444-7[.], and subject to section 444-9.

(b) A licensee may make application for classification and be classified in more than one classification if the licensee meets the qualifications prescribed by the board for such additional classification or classifications. For qualifying or classifying in additional classifications, the licensee shall pay the appropriate application fee but shall not be required to pay any additional license fee.

[(c) This section shall not prohibit a specialty contractor from taking and executing a contract involving the use of two or more crafts or trades, if the performance of the work in the crafts or trades, other than in which the specialty contractor is licensed, is incidental and supplemental to the performance of work in the craft for which the specialty contractor is licensed.]"

SECTION 3. Section 444-9, Hawaii Revised Statutes, is amended to read as follows:

"§444-9 Licenses required. No person within the purview of this chapter shall act, or assume to act, or advertise, as general engineering contractor, general building contractor, or specialty contractor without a license previously obtained under and in compliance with this chapter and the rules [and regulations] of the [contractors license] board[.]; provided that a licensee may execute or perform incidental work in a specialized craft or trade in which the licensee is not licensed."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________