HB2748.DOC

SECTION 1. Section 444-2.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) This chapter shall not apply to owners or lessees of property who build or improve residential, farm, industrial, or commercial buildings or structures on property for their own use, or for use by their grandparents, parents, siblings, or children and who do not offer the buildings or structures for sale or lease; provided that:

(1) To qualify for an exemption under this section, the owner or lessee shall register for the exemption as provided in section 444-9.1; and

(2) The exemption under this section shall not apply to electrical [or] work, plumbing work, air conditioner pipefitter work, fire sprinkler technician work, or solar technician work that must be performed only by persons or entities licensed in accordance with this chapter, unless the owner or lessee of the property is licensed for such work under chapter 448E."

SECTION 2. Section 444-9.5, Hawaii Revised Statutes, is amended to read as follows:

"§444-9.5 Licensing of electrical [or], plumbing, and other trade workers. (a) At least half of all individuals performing electrical [or] work, plumbing work, air conditioner pipefitter work, fire sprinkler technician work, or solar technician work employed on a construction job site by an electrical [or], plumbing, air conditioner pipefitter, fire sprinkler technician, or solar technician contractor shall be licensed in accordance with chapter 448E. The board may waive this requirement in any county when there are insufficient licensed [~~electrical or plumbing~~] workers in that county to comply with this section.

(b) All individuals employed on a construction job site by an electrical [or], plumbing, air conditioner pipefitter, fire sprinkler technician, or solar technician contractor who are licensed in accordance with chapter 448E shall visibly display their license on their person while on the construction job site. Only individuals displaying their license at the time of a site inspection shall be counted as a licensee to determine compliance with this section."

SECTION 3. Chapter 448E, Hawaii Revised Statutes, is amended by amending the title to read as follows:

"ELECTRICIANS [~~AND~~], PLUMBERS, AND OTHER TRADES"

SECTION 4. Section 448E-1, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:

""Air conditioning pipefitter" means any person licensed by the board as an air conditioning pipefitter to perform air conditioning pipefitting.

"Fire sprinkler technician" means any person licensed by the board as a fire sprinkler technician to perform journey-level fire sprinkler work to install, maintain, repair, and modify fire sprinkler systems.

"Solar technician" means any person licensed by the board as a solar technician to install, test, operate, and maintain solar energy systems."

SECTION 5. Section 448E-4, Hawaii Revised Statutes, is amended to read as follows:

"§448E-4 Powers and duties of board. In addition to any other powers and duties authorized by law, the board shall have all the powers and duties necessary or convenient to carry out and effectuate this chapter, including but not limited to the following powers and duties:

(1) To grant licenses which shall be renewable for:

(A) Journey worker electricians;

(B) Journey worker specialty electricians;

(D) Supervising specialty electricians;

(E) Master plumbers;

(F) Journey worker plumbers;

(G) Maintenance electricians;

(H) Journey worker industrial electricians; [~~and~~]

(I) Supervising industrial electricians;

(J) Air conditioning pipefitters;

(K) Fire sprinkler technicians; and

(L) Solar technicians;

(2) To adopt, amend, or repeal rules in accordance with chapter 91 as it may deem proper to effectuate this chapter and to [~~insure~~] ensure the safety and welfare of the general public; provided that the rules may forbid acts or practices deemed by the board to be detrimental to the accomplishment of the purpose of this chapter;

(3) To enforce this chapter and rules adopted pursuant to this chapter and chapter 91, including the denial, suspension, or revocation of any license; and

(4) To examine all applicants and licensees to determine their qualifications prior to the issuance or renewal of licenses."

SECTION 6. Section 448E-5, Hawaii Revised Statutes, is amended to read as follows:

"§448E-5 Minimum requirements. (a) Except as otherwise provided in subsection (b), an applicant shall possess the following minimum qualifications:

(1) Journey worker electrician: To be eligible for the journey worker electrician examination, an applicant shall be at least eighteen years of age and shall provide satisfactory evidence of experience in residential or commercial wiring of at least five years full-time or its equivalent, but not less than ten thousand hours, in the trade under the supervision of a journey worker or supervising electrician;

(2) Journey worker specialty electrician: To be eligible for the journey worker specialty electrician examination, an applicant shall be at least eighteen years of age and shall provide satisfactory evidence of at least five years' experience in the trade;

(3) Supervising electrician: To be eligible for the supervising electrician examination, an applicant shall have been registered with the board as a journey worker electrician for at least a period of four years or shall have equivalent experience in the trade;

(4) Supervising specialty electrician: To be eligible for the supervising specialty electrician examination, an applicant shall have been registered with the board as a journey worker specialty electrician for at least a period of four years or shall have equivalent experience in the trade;

(5) Journey worker plumber: To be eligible for the journey worker plumber examination, an applicant shall provide satisfactory evidence of experience of at least five years' full-time or its equivalent, but not less than ten thousand hours, as a journey worker's or master plumber's helper;

(6) Master plumber: To be eligible for the master plumber examination, an applicant shall have been registered with the board as a journey worker plumber for at least two years or shall have equivalent experience in the trade;

(7) Maintenance electrician: To be eligible for the maintenance electrician examination, an applicant shall be not less than eighteen years of age and shall provide satisfactory evidence of at least one year of experience in performing electrical maintenance work or two years of schooling in the electrical trade;

(8) Journey worker industrial electrician: To be eligible for the journey worker industrial electrician examination, an applicant shall be at least eighteen years of age and shall provide satisfactory evidence of experience in industrial electrical work of at least five years full-time or its equivalent, but not less than ten thousand hours;

(9) Supervising industrial electrician: To be eligible for the supervising industrial electrician examination, an applicant shall have been registered with the board as a journey worker industrial electrician for a period of at least four years or shall have equivalent experience in the trade[.];

(10) Air conditioning pipefitter: To be eligible for the air conditioning pipefitter examination, an applicant shall be not less than eighteen years of age and shall provide satisfactory evidence of at least one year of experience in the trade or two years of schooling in the trade;

(11) Fire sprinkler technician: To be eligible for the fire sprinkler technician examination, an applicant shall be not less than eighteen years of age and shall provide satisfactory evidence of at least one year of experience in the trade or two years of schooling in the trade; and

(12) Solar technician: To be eligible for the solar technician examination, an applicant shall be not less than eighteen years of age and shall provide satisfactory evidence of at least one year of experience in the trade or two years of schooling in the trade.

(b) Effective July 1, 2013, an applicant for licensing pursuant to this chapter shall possess the following minimum qualifications:

(1) Journey worker electrician: To be eligible for the journey worker electrician examination, an applicant shall be at least eighteen years of age and shall provide satisfactory evidence of:

(A) Experience in residential or commercial wiring of at least five years full-time or its equivalent, but not less than ten thousand hours, in the trade under the supervision of a journey worker or supervising electrician; and

(B) Satisfactory completion, accepted by a University of Hawaii community college offering an appropriate program of study, of two hundred forty hours of electrical academic coursework;

(A) Experience of at least three years full-time or its equivalent, but not less than six thousand hours, in the trade under the supervision of a journey worker electrician, supervising electrician, journey worker specialty electrician, or supervising specialty electrician; and

(B) Satisfactory completion, accepted by a University of Hawaii community college offering an appropriate program of study, of one hundred twenty hours of electrical academic coursework;

(4) Supervising specialty electrician: To be eligible for the supervising specialty electrician examination, an applicant shall have been registered with the board as a journey worker specialty electrician for at least a period of two years or shall have equivalent experience in the trade;

(7) Maintenance electrician: To be eligible for the maintenance electrician examination, an applicant shall be not less than eighteen years of age and shall provide satisfactory evidence of:

(A) At least one year of experience in performing electrical maintenance work plus satisfactory completion, accepted by a University of Hawaii community college offering an appropriate program of study, of at least eighty hours of electrical academic coursework; or

(B) Two years of schooling in the electrical trade with not less than one thousand hours of hands-on lab exercises;

(A) Experience in industrial electrical work of at least four years full-time or its equivalent, but not less than eight thousand hours; and

(B) Satisfactory completion, as accepted by a University of Hawaii community college offering an appropriate program of study, of two hundred hours of electrical academic coursework; [~~and~~]

(9) Supervising industrial electrician: To be eligible for the supervising industrial electrician examination, an applicant shall have been registered with the board as a journey worker industrial electrician for a period of at least three years or shall have equivalent experience in the trade[.];

(10) Air conditioning pipefitter: To be eligible for the air conditioning pipefitter examination, an applicant shall be not less than eighteen years of age and shall provide satisfactory evidence of:

(A) At least one year of experience in the trade; and

(B) Satisfactory completion, accepted by a University of Hawaii community college offering an appropriate program of study, of one hundred hours of air conditioning pipefitting academic coursework;

(11) Fire sprinkler technician: To be eligible for the fire sprinkler technician examination, an applicant shall be not less than eighteen years of age and shall provide satisfactory evidence of:

(A) At least one year of experience in the trade; and

(B) Satisfactory completion, accepted by a University of Hawaii community college offering an appropriate program of study, of one hundred hours of fire sprinkler technician academic coursework; and

(12) Solar technician: To be eligible for the solar technician examination, an applicant shall be not less than eighteen years of age and shall provide satisfactory evidence of:

(A) At least one year of experience in the trade; and

(B) Satisfactory completion, accepted by a University of Hawaii community college offering an appropriate program of study, of one hundred hours of solar technician academic coursework."

SECTION 7. Section 448E-8, Hawaii Revised Statutes, is amended to read as follows:

"§448E-8 Fees; renewals. (a) Renewal fees shall be paid to the board before July 1.

(b) Plumbers shall renew the license every three years effective June 30, 2006, and shall pay all required fees. Prior to the June 30, 2009, renewal of the license, and prior to every license renewal thereafter, the applicant shall:

(1) Pay all required fees; and

(2) Meet the requirements prescribed in section 448E‑8.5.

(c) Electricians shall renew the license every three years effective with the July 1, 1996, renewal; provided that prior to the renewal of the license the applicant shall:

(1) Pay all required fees; and

(2) Meet the requirements prescribed in section 448E-8.5.

(d) Air conditioning pipefitters, fire sprinkler technicians, and solar technicians shall renew their licenses every three years effective with the July 1, 2015, renewal; provided that prior to the renewal of the license the applicant shall:

(1) Pay all required fees; and

(2) Meet the requirements prescribed in section 448E-8.5.

[~~(d)~~] (e) Failure, neglect, or refusal of any licensee to pay the renewal fee or meet the requirements of section 448E-8.5 before the renewal date shall constitute a forfeiture of the license. Any license so forfeited may be restored upon written application within one year from the date of forfeiture, upon payment of the required renewal fee plus penalty fees and upon meeting the requirements in section 448E-8.5."

SECTION 8. Section 448E-8.5, Hawaii Revised Statutes, is amended to read as follows:

"§448E-8.5 Continued competency; license renewals. (a) Prior to each license renewal, all licensed electricians except maintenance electricians shall:

(1) Furnish the board with proof of attendance at an educational course related to current updates of the National Electrical Code conducted or approved by the community colleges; or

(2) Successfully complete an examination prescribed by the board on current updates to the National Electrical Code. The board shall contract with a professional testing agency to prepare, administer, and grade the examination. Fees related to the examination shall be paid by the licensee directly to the professional testing agency.

(b) Prior to each license renewal, all licensed plumbers shall:

(1) Furnish the board with proof of attendance at an educational course related to current updates of the Uniform Plumbing Code conducted or approved by the community colleges; or

(2) Successfully complete an examination prescribed by the board on current updates to the Uniform Plumbing Code. The board shall contract with a professional testing agency to prepare, administer, and grade the examination. A licensee shall pay all fees related to the examination directly to the professional testing agency.

(c) Prior to each license renewal, all licensed air conditioning pipefitters, fire sprinkler technicians, and solar technicians shall:

(1) Furnish the board with proof of attendance at an educational course related to current updates to the applicable code conducted or approved by the community colleges; or

(2) Successfully complete an examination prescribed by the board on current updates to the applicable code. The board shall contract with a professional testing agency to prepare, administer, and grade the examination. A licensee shall pay all fees related to the examination directly to the professional testing agency.

[~~(c)~~] (d) A licensee who has been issued a new license within one year of the renewal date shall not be required to take the course or the examination to renew the licensee's license."

SECTION 9. Section 448E-9, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) No person shall act or assume to act as a journey worker electrician, journey worker specialty electrician, supervising electrician, supervising specialty electrician, journey worker plumber, master plumber, maintenance electrician, journey worker industrial electrician, [or] supervising industrial electrician, air conditioning pipefitter, fire sprinkler technician, or solar technician, or advertise or hold the person's self out as an electrician [or], plumber, air conditioning pipefitter, fire sprinkler technician, or solar technician without a license previously obtained in compliance with this chapter and the rules of the board; provided that any person may perform emergency plumbing repair work in the person's principal place of residence when [~~such~~] the repairs do not involve or require rearrangement of valves, pipes, or fixtures; provided further that no [~~such~~] emergency repairs may be performed on sewer lines, drains, gas lines, and on fixtures being served with backflow devices which include heaters, water closets, dishwashers, and garbage disposal units.

For purposes of this subsection:

"Air conditioning pipefitter" means any person who performs air conditioning pipefitting work.

"Electrician" means any person who performs electrical work and includes but is not limited to any person who acts as a journey worker electrician, journey worker specialty electrician, supervising electrician, supervising specialty electrician, maintenance electrician, journey worker industrial electrician, or supervising industrial electrician.

"Fire sprinkler technician" means any person who performs fire sprinkler technician work.

"Plumber" means any person who performs plumbing work and includes but is not limited to any person who acts as a journey worker plumber or master plumber.

"Solar technician" means any person who performs solar technician work."

SECTION 10. Section 448E-11, Hawaii Revised Statutes, is amended to read as follows:

"§448E-11 Injunction. The board may, in addition to any other remedy available, apply to a circuit court judge for a temporary restraining order or preliminary or permanent injunction restraining any person from acting, or assuming to act, as a journey worker electrician, journey worker specialty electrician, supervising electrician, supervising specialty electrician, maintenance electrician, journey worker industrial electrician, supervising industrial electrician, journey worker plumber, [or] master plumber, air conditioning pipefitter, fire sprinkler technician, or solar technician without a license previously obtained in compliance with this chapter and the rules of the board, and upon hearing and for cause shown, the judge may grant the temporary restraining order or preliminary or permanent injunction."

SECTION 11. Section 448E-12, Hawaii Revised Statutes, is amended to read as follows:

"[[]§448E-12[]] Inspections. Nothing in this chapter should deprive the several counties of the right to perform electrical or plumbing inspections, or inspections relating to air conditioning pipefitters, fire sprinkler technicians, and solar technicians, as regulated by their respective ordinances."

SECTION 12. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 13. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2748
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII