HOUSE OF REPRESENTATIVES
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII
A BILL FOR AN ACT
relating to contractors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that under current law, licensed general contractors are permitted to act as specialty licensed contractors without also being licensed as specialty contractors. Specialty contractor licenses are intended to ensure that the work meets industry standards for each specialty. The legislature further finds that allowing general contractors to perform specialty work without being specifically licensed to do so poses a risk to public safety.
The purpose of this Act is to require general engineering contractors and general building contractors to engage subcontractors with appropriate specialty licenses to perform incidental work.
SECTION 2. 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 any work directly related to a larger or major project or operation that requires a specialty contractor license held by a general engineering contractor, general building contractor, or specialty contractor and for which the aggregate subcontract price for labor, materials, taxes, and all other items is not more than the lesser of one per cent of the total contract or $100,000."
SECTION 3. Section 444-7, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:
"(b) A general engineering contractor is
a contractor whose principal contracting business is in connection with fixed
works requiring specialized engineering knowledge and skill, including the
following divisions or subjects: irrigation, drainage, water power, water
supply, flood control, inland waterways, harbors, docks and wharves, shipyards
and ports, dams and hydroelectric projects, levees, river control and
reclamation works, railroads, highways, streets and roads, tunnels, airports and
airways, sewers and sewage disposal plants and systems, waste reduction plants,
bridges, overpasses, underpasses and other similar works, pipelines and other
systems for the transmission of petroleum and other liquid or gaseous
substances, parks, playgrounds and other recreational works, refineries,
chemical plants and similar industrial plants requiring specialized engineering
knowledge and skill, powerhouses, power plants and other utility plants and
installations, mines and metallurgical plants, land [
and earth-moving projects, excavating, grading, trenching, paving and surfacing
work and cement and concrete works in connection with the above mentioned fixed
A general engineering contractor shall engage subcontractors that hold appropriate specialty licenses to perform incidental work.
(c) A general building contractor is a contractor whose principal contracting business is in connection with any structure built, being built, or to be built, for the support, shelter, and enclosure of persons, animals, chattels, or movable property of any kind, requiring in its construction the use of more than two unrelated building trades or crafts, or to do or superintend the whole or any part thereof.
A general building contractor shall engage subcontractors that hold appropriate specialty licenses to perform incidental work."
SECTION 4. 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.
A general engineering contractor or general building contractor shall not perform incidental work and supplemental work."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
Contractors; Licensing; Specialty Contractors; Incidental Work
Prohibits general engineering contractors and general building contractors from performing incidental or supplemental work. Requires general engineering contractors and general building contractors to engage an appropriate specialty contractor to perform incidental work. Defines incidental work.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.