THE SENATE

S.B. NO.

423

THIRTIETH LEGISLATURE, 2019

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

Relating to the contractors license board.

 

 

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:

""Professional engineer" means a person who holds oneself out as able to perform, or who does perform, any professional service such as consultation, investigation, evaluation, planning, design, or observation of construction or operation, in connection with any public or private utilities, structures, buildings, machines, equipment, processes, works, or projects, wherein the safeguarding of life, health, or property is concerned or involved, when such professional service requires the application of engineering principles and data."

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.

(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, acting as a subcontractor, 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.

(d) Notwithstanding subsection (c), incidental and supplemental work shall be prohibited on any project requiring the seal or stamp of a professional engineer licensed to perform structural engineering; provided that work classified under the following specialty contractor subclassifications shall not be incidental and supplemental work:

(1) C-6 carpentry framing contractor;

(2) C-31 masonry contractor;

(3) C-35 pile driving, pile and caisson drilling, and foundation contractor;

(4) C-38 post tensioning contractor;

(5) C-41 reinforcing steel contractor;

(6) C-48 structural steel contractor; and

(7) C-56 welding contractor.

(e) For the purposes of this section, "structural engineering" means that branch of professional engineering that deals with the investigation of, the design of, the selection of, and construction observation of the force-resisting and load-supporting members of structures such as foundations, walls, columns, slabs, beams, girders, trusses, and similar members where such investigation, design, selection, and supervision requires a knowledge of engineering laws, formulae, practice, and knowledge of the methods used in their erection.

(f) For purposes of this section, the scope of work of each specialty contractor classification shall be as follows:

(1) 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;

(2) 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, caulking, 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;

(3) 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;

(4) 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;

(5) 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;

(6) 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 rollup steel doors, and grills and bars over windows; and

(7) 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."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Contractors; Subcontractors; Specialty Contractors; Incidental and Supplemental Work

 

Description:

Clarifies that a specialty contractor, acting as a subcontractor, is not prohibited from taking and executing a construction contract involving two or more crafts or trades if the performance of the work is incidental and supplemental. Prohibits incidental and supplemental work on any project requiring the seal or stamp of professional engineer licensed to perform structural engineering. Specifies certain specialty contractor subclassifications that shall not be considered incidental and supplemental work.

 

 

 

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