Bill Text: HI SB1301 | 2014 | Regular Session | Amended
Bill Title: Electricians and Plumbers; Journey Worker Air Conditioning and Refrigeration Plumber; Journey Worker Fire Sprinkler Plumber; Licensing; Continuing Education
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2013-12-18 - Carried over to 2014 Regular Session. [SB1301 Detail]
Download: Hawaii-2014-SB1301-Amended.html
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THE SENATE |
S.B. NO. |
1301 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PROFESSIONS AND OCCUPATIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that with the growing trend and necessity for water conservation, building codes are changing to reduce water flow and encourage the safe use of reclaimed non-potable water. The legislature further finds that with the newly created non-potable water technologies and processes, it is necessary to provide the public with assurances that properly trained and experienced individuals can install, maintain, and repair air conditioning, refrigeration, and fire sprinkler systems that are in compliance with national codes and guidelines intended to protect public health and safety. Currently, only potable water is piped into residential and commercial buildings; however, the 2012 Uniform Plumbing Code opens the door for the use of reclaimed water in buildings.
This Act is not intended to require licensure for workers of any trade other than air conditioning and refrigeration or fire sprinkler and does not include the work customarily performed by the sheet metal industry. This Act is also not intended to require licensure for all workers performing pipefitting; rather it focuses on the pipefitting associated with plumbing, air conditioning and refrigeration, or fire sprinkler work and does not preclude other properly licensed contractors from performing pipefitting work within the scope of their license.
The intent of this Act, as it relates to the licensing of tradespersons to perform air conditioning and refrigeration or fire sprinkler work, is to prepare and train the workforce to handle the changes and innovations related to non-potable water technologies and processes. This will ensure consumer health and safety and minimize the risks and hazards of potentially life threatening incidents of cross contamination.
SECTION 2. Section 448E-1, Hawaii Revised Statutes, is amended as follows:
1. By adding two new definitions to be appropriately inserted and to read:
""Journey worker air conditioning and refrigeration plumber" means any person licensed by the board as a journey worker air conditioning and refrigeration plumber to direct, supervise, and perform air conditioning and refrigeration work and any associated pipefitting, to install, maintain, repair, and modify heating, cooling, and refrigeration systems; provided that this shall not preclude properly licensed contractors from performing pipefitting work within the scope of the contractor's license.
"Journey worker fire sprinkler plumber" means any person licensed by the board as a journey worker fire sprinkler plumber to direct, supervise, and perform fire sprinkler work and any associated pipefitting, to install, maintain, repair, and modify fire sprinkler systems; provided that this shall not preclude properly licensed contractors from performing pipefitting work within the scope of the contractor's license."
2. By amending the definitions of "journey worker plumber" and "master plumber" to read:
""Journey worker plumber" means
any person who has been licensed by the board as a journey worker plumber to
direct [and supervise the performance of plumbing work and to],
supervise, and perform plumbing work[.], and any associated
pipefitting; provided that this shall not preclude properly licensed
contractors from performing pipefitting work within the scope of their license.
"Master plumber" means any person who
has been licensed by the board as a master plumber to direct [and supervise
the performance of plumbing work and to], supervise, and perform
plumbing work, and who provides overall supervision and general
direction, and is responsible for the proper installation of
plumbing work[.], and any associated pipefitting; provided that this
shall not preclude properly licensed contractors from performing pipefitting
work within the scope of their license."
SECTION 3. 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] that
shall be renewable for:
(A) Journey worker electricians;
(B) Journey worker specialty electricians;
(C) Supervising 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) Journey worker air conditioning and refrigeration plumbers; and
(K) Journey worker fire sprinkler plumbers;
(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 4. 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 of full-time or its equivalent, but not less than ten thousand hours, in the trade under the supervision of a journey worker electrician 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;] years of full-time
or its equivalent, but not less than ten thousand hours, in the trade under the
supervision of a journey worker specialty electrician, supervising specialty
electrician, journey worker industrial electrician, supervising industrial
electrician, journey worker electrician, or supervising electrician;
(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'] years of full-time
or its equivalent, but not less than ten thousand hours, [as] in the
trade under the supervision of a journey [worker's] worker
plumber or master [plumber's helper;] plumber;
(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 of
full-time or its equivalent, but not less than ten thousand hours[;] in
the trade under the supervision of a journey worker industrial electrician,
supervising industrial electrician, journey worker electrician, or supervising
electrician; 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 four years or shall have equivalent experience 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 of full-time or its equivalent, but not less than ten thousand hours, in the trade under the supervision of a journey worker electrician 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;
(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:
(A) Experience of at least three years of
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], journey worker industrial electrician, or
supervising industrial 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;
(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 two 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 be at least eighteen
years of age and shall provide satisfactory evidence of experience of at
least five [years'] years of full-time or its equivalent, but not
less than ten thousand hours, [as] in the trade under the supervision
of a journey [worker's] worker plumber or master [plumber's
helper;] plumber;
(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:
(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;
(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:
(A) Experience in industrial electrical work of at least four years of full-time or its equivalent, but not less than eight thousand hours in the trade under the supervision of a journey worker electrician, supervising electrician, journey worker industrial electrician, or supervising industrial electrician; 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.
(c) Effective July 1, 2016, an applicant for licensing pursuant to this chapter shall possess the following minimum qualifications:
(1) Journey worker plumber: To be eligible for the journey worker plumber examination, an applicant shall be at least eighteen years of age and:
(A) If the applicant is not licensed as a journey worker air conditioning and refrigeration plumber or journey worker fire sprinkler plumber, the applicant shall provide satisfactory evidence of experience of at least five years of full-time or its equivalent, but not less than ten thousand hours, in the trade under the supervision of a journey worker plumber or master plumber; or
(B) If the applicant is licensed as a journey worker air conditioning and refrigeration plumber or journey worker fire sprinkler plumber, the applicant shall provide satisfactory evidence of experience of at least three years of full-time or its equivalent, but not less than six thousand hours, in the trade under the supervision of a journey worker plumber or master plumber;
(2) Journey worker air conditioning and refrigeration plumber: To be eligible for the journey worker air conditioning and refrigeration plumber examination, an applicant shall be not less than eighteen years of age and:
(A) If the applicant is not licensed as a journey worker plumber, master plumber, or journey worker fire sprinkler plumber, the applicant shall provide satisfactory evidence of experience of at least five years of full-time or its equivalent, but not less than ten thousand hours, in the trade under the supervision of a journey worker air conditioning and refrigeration plumber; provided that:
(i) For six years, beginning July 1, 2015, a licensed ventilating and air conditioning contractor or refrigeration contractor shall be deemed qualified to verify an applicant's experience; and
(ii) Thereafter, only a licensed journey worker air conditioning and refrigeration plumber shall be deemed qualified to verify an applicant's experience; or
(B) If the applicant is licensed as a journey worker plumber, master plumber, or journey worker fire sprinkler plumber, the applicant shall provide satisfactory evidence of experience of at least two years of full-time or its equivalent, but not less than four thousand hours, in the trade under the supervision of a journey worker air conditioning and refrigeration plumber, performing air conditioning and refrigeration work; provided that:
(i) For six years, beginning July 1, 2015, a licensed ventilating and air conditioning contractor or refrigeration contractor shall be deemed qualified to verify an applicant's experience; and
(ii) Thereafter, only a licensed journey worker air conditioning and refrigeration plumber shall be deemed qualified to verify an applicant's experience;
(3) Journey worker fire sprinkler plumber: To be eligible for the journey worker fire sprinkler plumber examination, an applicant shall be not less than eighteen years of age and:
(A) If the applicant is not licensed as a journey worker plumber, master plumber, or journey worker air conditioning and refrigeration plumber, the applicant shall provide satisfactory evidence of experience of at least five years of full-time or its equivalent, but not less than ten thousand hours, in the trade under the supervision of a journey worker fire sprinkler plumber; provided that:
(i) For six years, beginning July 1, 2015, a licensed fire protection contractor shall be deemed qualified to verify an applicant's experience; and
(ii) Thereafter, only a licensed journey worker fire sprinkler plumber shall be deemed qualified to verify an applicant's experience; or
(B) If the applicant is licensed as a journey worker plumber, master plumber, or journey worker air conditioning and refrigeration plumber, the applicant shall provide evidence of experience of not less than two years of full-time or its equivalent, but not less than four thousand hours, in the trade under the supervision of a journey worker fire sprinkler plumber performing fire sprinkler work; provided that:
(i) For six years, beginning July 1, 2015, a licensed fire protection contractor shall be deemed qualified to verify an applicant's experience; and
(ii) Thereafter, only a licensed journey worker fire sprinkler plumber shall be deemed qualified to verify an applicant's experience."
SECTION 5. 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) Journey worker air conditioning and refrigeration plumbers and journey worker fire sprinkler plumbers shall renew their license every three years effective June 30, 2018, and shall pay all required fees. Prior to the June 30, 2021, 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.
[(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 6. Section 448E-8.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(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]
following codes conducted or approved by the community colleges[; or]:
(A) Uniform Plumbing Code for journey worker plumbers and master plumbers;
(B) Uniform Mechanical Code for journey worker air conditioning and refrigeration plumbers; or
(C) Applicable codes published by the National Fire Prevention Association for journey worker fire sprinkler plumbers as prescribed in the rules of the board; or
(2) Successfully complete an examination prescribed
by the board on current updates to the [Uniform Plumbing Code.] following
codes:
(A) Uniform Plumbing Code for journey worker plumbers and master plumbers;
(B) Uniform Mechanical Code for journey worker air conditioning and refrigeration plumbers; or
(C) Applicable codes published by the National Fire Prevention Association for journey worker fire sprinkler plumbers as prescribed in the rules of the board.
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."
SECTION 7. 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, journey worker
air conditioning and refrigeration plumber, or journey worker fire sprinkler plumber,
or advertise or hold the person's self out as an electrician or plumber,
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 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:
"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.
"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[.],
journey worker air conditioning and refrigeration plumber, or journey worker
fire sprinkler plumber."
SECTION 8. 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, journey worker air conditioning and
refrigeration plumber, or journey worker fire sprinkler plumber 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 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 10. This Act shall take effect on July 1, 2050.
Report Title:
Electricians and Plumbers; Journey Worker Air Conditioning and Refrigeration Plumber; Journey Worker Fire Sprinkler Plumber; Licensing; Continuing Education
Description:
Authorizes the board of electricians and plumbers to regulate journey worker air conditioning and refrigeration plumbers and journey worker fire sprinkler plumbers. Establishes minimum qualifications for licensure beginning July 1, 2016. Establishes that journey worker air conditioning and refrigeration plumbers and journey worker fire sprinkler plumbers shall renew their license every three years effective June 30, 2018, and shall meet new requirements for licensure prior to the June 30, 2021, renewal deadline. Effective 07/01/2050. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
