Hawaii Professional Engineer Licensing Law

Hawaii Code · 22 sections

The following is the full text of Hawaii’s professional engineer licensing law statutes as published in the Hawaii Code. For the official version, see the Hawaii Legislature.

Haw. Rev. Stat. § 167-1

Section

167-1 Findings and declaration of necessity

167-2 Definitions

167-3 Engineering program administrator

167-4 Interested members of the board or employees

167-5 Powers

167-6 Further powers

167-7 Issuance of revenue bonds

167-8 Investment of funds

167-9 Security for funds deposited by board

167-10 Eligibility of revenue bonds for investment

167-11 Rate policy; sale of excess water

167-12 Lands included within irrigation projects

167-13 Petition of land occupiers for formation of water

project

167-14 Petition of Hawaiian homes commission for formation

of irrigation project, community pastures

167-15 State lands, formation of irrigation project

167-16 Consideration of petitions; notice and hearing

167-17 Formation of irrigation project on initiative

of board; notice and hearing; protests

167-18 Approval of legislature, appropriations

167-19 Administration of irrigation project; acreage

assessments; liens

167-20 Furnishing domestic water

167-21 Repayment of certain state advances

167-22 Irrigation system revolving fund

167-22.5 Repealed

167-23 Molokai irrigation system water users advisory

board; establishment; meetings

167-24 Repealed

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Haw. Rev. Stat. § 174-1

Section

174-1 Findings and declaration of necessity

174-2 Definitions

174-3 Manager-chief engineer

174-4 Interested members of the board or employees

174-5 Powers

174-6 Further powers

174-7 Issuance of revenue bonds

174-8 Investment of funds

174-9 Security for funds deposited by board

174-10 Eligibility of revenue bonds for investment

174-11 Rate policy; sale of excess water

174-12 Repealed

174-13 Petition of land occupiers for formation of water

project

174-14, 15 Repealed

174-16 Consideration of petitions; notice and hearing

174-17 Formation of a project on initiative of board;

notice and hearing; protests

174-18 Approval of legislature, appropriations

174-19 Administration of project; acreage assessments;

liens

174-20 Furnishing domestic water

174-21 Repayment of certain state advances

174-22 Land and water development projects; source of

funds; disposition of receipts

Note

Formerly entitled “Hawaii Water Authority”, this chapter was completely reenacted by L 1961, c 166, Â§Â§2, 3. For prior law see RLH chapter 86 and L 1957, c 22 and c 109.

L 2014, c 218, Â§8 purports to amend this chapter.

Cross References

Environmental courts, jurisdiction over proceedings arising under this chapter, see Â§604A-2.

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Haw. Rev. Stat. § 91-1

Section

91-1 Definitions

91-2 Public information

91-2.5 Fees for proposed and final rules

91-2.6 Proposed rulemaking actions and rules; posting on

the lieutenant governor’s internet website

91-3 Procedure for adoption, amendment, or repeal of

rules

91-4 Filing and taking effect of rules

91-4.1 Rulemaking actions; copies in Ramseyer format

91-4.2 Rule format; publication of index

91-4.3 Price

91-4.4 Form of publication

91-5 Publication of rules

91-6 Petition for adoption, amendment or repeal of rules

91-7 Declaratory judgment on validity of rules

91-8 Declaratory rulings by agencies

91-8.5 Mediation in contested cases

91-9 Contested cases; notice; hearing; records

91-9.5 Notification of hearing; service

91-10 Rules of evidence; official notice

91-11 Examination of evidence by agency

91-12 Decisions and orders

91-13 Consultation by officials of agency

91-13.1 Administrative review of denial or refusal to issue

license or certificate of registration

91-13.5 Maximum time period for business or

development-related permits, licenses, or

approvals; automatic approval; extensions

91-14 Judicial review of contested cases

91-15 Appeals

91-16 Severability

91-17 Federal aid

91-18 Short title

Note

Judiciary report to 2019 legislature on change in judicial proceedings made by L 2016, c 48. L 2016, c 48, Â§11.

Cross References

Small business regulatory flexibility act, see chapter 201M.

Uniform electronic legal material act, see chapter 98.

Attorney General Opinions

Because this chapter provides for a decision in a contested case to be rendered by an agency, a decision rendered by an official who is not within that agency would be the exception and not the rule. This chapter does not require a hearings officer from outside the department for administrative hearings. Att. Gen. Op. 98-6.

Law Journals and Reviews

Sandy Beach Defense Fund v. City and County of Honolulu: The Sufficiency of Legislative Hearings in an Administrative Setting. 12 UH L. Rev. 499.

The Lum Court, Land Use, and the Environment: A Survey of HawaiÂi Case Law 1983 to 1991. 14 UH L. Rev. 119.

Residential Use of HawaiÂi’s Conservation District. 14 UH L. Rev. 633.

Case Notes

Statutory authority is necessary for administrative body to reconsider prior quasi-judicial decisions on its own initiative. 54 H. 621, 513 P.2d 1001.

Under doctrine of necessity, official otherwise disqualified can act if jurisdiction is exclusive and substitution is not provided. 54 H. 621, 513 P.2d 1001.

University rules do not have force of law unless Hawaii administrative procedure act is complied with. 56 H. 680, 548 P.2d 253.

Rehearings before administrative bodies are addressed to their own discretion and only the clearest abuse of discretion could sustain an exception to rule. 60 H. 166, 590 P.2d 524.

Where health department did not have rules adopted under this chapter governing the standards of emissions of hydrogen sulfide into the air as required by Â§342B-32 (1991) at the time geothermal well developer was issued permit, department was required to refuse the issuance of the permit. 73 H. 56, 828 P.2d 801.

Department did not violate Hawaii administrative procedure act when it circulated a memorandum interpreting “sole source” provisions of Hawaii purchasing law to other state agencies. 76 H. 332, 876 P.2d 1300.

Giving precedential effect to prior commission decisions does not constitute rule-making. 81 H. 459, 918 P.2d 561.

Public utilities commission did not violate Hawaii administrative procedure act by not promulgating rules to establish when transmission lines will be placed underground. 81 H. 459, 918 P.2d 561.

Public utilities commission’s reliance on adjudication to develop underground transmission line policy not abuse of discretion where commission did not circumvent requirements of Hawaii administrative procedure act and appellants did not suffer undue hardship relying on past commission policy. 81 H. 459, 918 P.2d 561.

A water management area designation is not the product of a contested case hearing, under this chapter, from which a direct appeal to the supreme court may be brought under Â§174C-60. 83 H. 484, 927 P.2d 1367.

Where administrative rules failed to set forth the method by which department determined general assistance amounts, and the method used by department to determine amounts was adopted without compliance with this chapter, administrative rules contravened statutory mandate of Â§346-71(f) (1996) and were thus void and unenforceable. 88 H. 307, 966 P.2d 619.

Where a public hearing pertaining to the issuance of a liquor license was statutorily required under Â§Â§281-52 and 281-57, and petitioner’s legal rights, duties, and privileges were determined based on the public hearing regarding the decision to grant or deny a liquor license to petitioner, the public hearing was a “contested case” hearing governed by this chapter; thus, (1) petitioner was entitled to judicial review under Â§91-14, (2) Â§91-11 applied to proceedings on petitioner’s application for liquor license, and (3) the liquor commission did not comply with Â§91-11. 118 H. 320, 189 P.3d 432.

Planning and permitting department’s policy of refusing to publicly disclose developer’s engineering reports prior to their approval constituted a “rule”; as this policy was not “published or made available for public inspection” nor did plaintiff have actual knowledge of the policy prior to its initial request for the reports, department did not comply with this chapter and was proscribed from invoking this policy; thus, department violated this chapter by refusing to publicly disclose any unaccepted engineering reports and written comments, and all of department’s files, including developer’s file, were public records that could be examined upon request. 119 H. 90, 194 P.3d 531.

Right to appeal from administrative agency’s decision is limited by this chapter. 9 H. App. 298, 837 P.2d 311.

HRS §444-1

§444-1 Definitions. As used in this chapter:

"Board" means the contractors license board.

"Chlorofluorocarbon" or "CFC" means any member of the family of substances containing carbon, fluorine, and chlorine, including, without limitation, those compounds known as CFC-11, CFC-12, CFC-13, CFC-14, CFC-113, CFC-114, CFC-115, CFC-116, CFC-500, CFC-502, and CFC-503, and any combination or mixture containing any of these chlorofluorocarbon compounds.

"Contractor" means any person who by oneself or through others offers to undertake, or holds oneself out as being able to undertake, or does undertake to alter, add to, subtract from, improve, enhance, or beautify any realty or construct, alter, repair, add to, subtract from, improve, move, wreck, or demolish any building, highway, road, railroad, excavation, or other structure, project, development, or improvement, or do any part thereof, including the erection of scaffolding or other structures or works in connection therewith.

"Contractor", to the extent allowed under federal law includes a subcontractor, a specialty contractor, and any person, general engineering, general building, or specialty contractor who performs any of the activities listed in the previous paragraph directly or indirectly for the federal government.

"Department" means the department of commerce and consumer affairs.

"Director" means the director of commerce and consumer affairs.

"Hydrochlorofluorocarbon" or "HCFC" means any member of the family of substances containing hydrogen, carbon, fluorine, and chlorine, including, without limitation, those compounds known as HCFC-22 and HCFC-123 and any combination or mixture containing any of three hydrochlorofluorocarbon compounds.

"Investigator" means any person employed by the department of commerce and consumer affairs to investigate matters relating to any person who furnishes commodities or services for which a license is required from the department or any board or commission thereunder.

"Refrigerant recovery and recycling equipment" means a device used to recover and to purify CFCs from a device for later reuse.

"RME" means responsible managing employee.

"Sale" means any arrangement between two or more persons as a result of which there is, or is to be, a transfer of property for a consideration.

If any provision of this section, or the application thereof to any person, or circumstances, is held to be invalid, the invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable. [L 1957, c 305, §1(s 1); Supp, §166A-1; HRS §444-1; am L 1969, c 56, §1; am L 1970, c 203, §2; am L 1974, c 112, §1(2); am L 1983, c 274, §2; am L 1984, c 98, §1; gen ch 1985; am L 1989, c 77, §9; am L 1990, c 316, §7; am L 1992, c 202, §62 and c 264, §8; am L 2000, c 286, §3]

Note

Definition of "state resident" for purposes of federal construction employment preferences. L 2000, c 286, §§1, 2.

Cross References

Ozone layer protection; CFCs, see chapter 342C.

Case Notes

Honolulu ordinances setting forth requirements for issuance of electrical contractor's license are invalid under §70-105, since this chapter indicates legislative intent to be the exclusive legislation applicable to contractors. 52 H. 550, 481 P.2d 116 (1971).

HRS §444-2

§444-2 Exemptions. This chapter shall not apply to:

(1) Officers and employees of the United States, the State, or any county while in the performance of their governmental duties;

(2) Any person acting as a receiver, trustee in bankruptcy, personal representative, or any other person acting under any order or authorization of any court;

(3) A person who sells or installs any finished products, materials, or articles of merchandise that are not actually fabricated into and do not become a permanent fixed part of the structure, or to the construction, alteration, improvement, or repair of personal property;

(4) Any project or operation for which the aggregate contract price for labor and materials is not more than $1,500. This exemption shall not apply in any case where a building permit is required regardless of the aggregate contract price, nor where the undertaking is only a part of a larger or major project or operation, whether undertaken by the same or a different contractor or in which a division of the project or operation is made in contracts of amounts not more than $1,500 for the purpose of evading this chapter or otherwise;

(5) A registered architect or professional engineer acting solely in the person's professional capacity;

(6) Any person who engages in the activities regulated in this chapter as an employee with wages as the person's sole compensation;

(7) Owner-builders exempted under section 444-2.5;

(8) Any joint venture if all members thereof hold licenses issued under this chapter;

(9) Any project or operation where it is determined by the board that less than ten persons are qualified to perform the work in question and that the work does not pose a potential danger to public health, safety, and welfare; or

(10) Any public works project that requires additional qualifications beyond those established by the licensing law and which is deemed necessary and in the public interest by the contracting agency. [L 1957, c 305, §1(s 2); Supp, §166A-2; HRS §444-2; am L 1969, c 163, §1; am L 1974, c 112, §1(3); am L 1975, c 128, §1; am L 1976, c 200, pt of §1; am L 1985, c 215, §1; gen ch 1985; am L 1986, c 182, §1; am L 1989, c 142, §2; am L 1992, c 258, §1 and c 269, §2; am L 1996, c 172, §3; am L 2010, c 44, §3; am L 2019, c 283, §2]

Case Notes

Defendant's motion to dismiss denied; because it was feasible that plaintiff's actions constituted that of a "professional engineer acting solely in [its] professional capacity", it was not apparent that [this chapter] barred plaintiff from bringing lawsuit. 216 F. Supp. 2d 1133 (2001).

Promise by defendant to pay plaintiff for work performed and moneys expended established an employment relationship and took matter outside of chapter under paragraph (7). 58 H. 257, 567 P.2d 824 (1977).

While a member of the public who violates the owner-builder exemption under paragraph (7) (1993) by selling or leasing the subject property within one year of completion is subject to the sanctions imposed under paragraph (7), that party is not precluded from enforcing the underlying contract with an unlicensed contractor. 92 H. 117 (App.), 987 P.2d 1015 (1999).

Pursuant to paragraph (7), homeowners did not have the benefit of, and, as to homeowners, contractor was not obligated to comply with, the disclosure provisions of §444-25.5. 109 H. 96 (App.), 123 P.3d 691 (2005).

HRS §444-22

§444-22 Civil action. The failure of any person to comply with any provision of this chapter shall prevent such person from recovering for work done, or materials or supplies furnished, or both on a contract or on the basis of the reasonable value thereof, in a civil action, if such person failed to obtain a license under this chapter prior to contracting for such work. [L 1957, c 305, §1(s 21); Supp, §166A-21; HRS §444-22; am L 1969, c 56, §4]

Case Notes

Action to recover under this section not barred when circumstances take matter outside applicability of this chapter. 58 H. 257, 567 P.2d 824 (1977).

Applicable even if party has knowledge that contractor has no license. 71 H. 175, 785 P.2d 1324 (1990).

Section permits a contractor, who performs both licensed and unlicensed work, to bring an action to recover payment for the licensed portion of the work. 86 H. 137 (App.), 948 P.2d 558 (1997).

A contract with an unlicensed contractor is not void ab initio and this section does not bar a member of the public, who is a party to such contract, from bringing suit to recover breach of contract damages from an unlicensed contractor. 92 H. 117 (App.), 987 P.2d 1015 (1999).

Where genuine issues of material fact existed as to: the services plaintiff provided to defendant that would be a basis for plaintiff's quantum meruit claim; whether plaintiff was required to be licensed under chapter 444 to provide such services; and whether such services that plaintiff rendered would be barred from recovery under this section, summary judgment was not warranted as to plaintiff's claim based on quantum meruit. 126 H. 190 (App.), 268 P.3d 443 (2011).

HRS §444-24

§444-24 Injunction. The contractors license board may, in addition to any other remedies available, apply to a circuit judge for a preliminary or permanent injunction restraining any person from acting, or assuming to act, or advertising, 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 board, and upon hearing and for cause shown, the judge may grant the preliminary or permanent injunction. [L 1965, c 13, §1; Supp, §166A-23; HRS §444-24]

Rules of Court

Injunctions, see HRCP rule 65.

HRS §444-3

§444-3 Contractors license board. (a) There shall be a contractors license board of thirteen members.

(b) Of the board members:

(1) Ten shall be contractors who have been actively engaged in the contracting business for a period of not less than five years preceding the date of their appointment;

(2) Five shall be general engineering or building contractors, five shall be specialty contractors, and three shall be noncontractors. No member shall receive any compensation for the member's services, but each shall be reimbursed for necessary traveling expenses incurred in the performance of duties.

(d) No one, except the three noncontractor members, shall be eligible for appointment who does not at the time of the member's appointment hold a valid and unexpired license to operate as a contractor. [L 1957, c 305, §1(s 3); am L Sp 1959 2d, c 1, §§5, 6, 15; am L 1963, c 114, §3; am L 1965, c 279, §1; Supp, §166A-3; HRS §444-3; am L 1982, c 204, §8; am L 1983, c 124, §17 and c 275, §1; am L 1992, c 202, §63; am L 1993, c 322, §5]

HRS §444-7

§444-7 Classification. (a) For the purpose of classification, the contracting business includes any or all of the following branches:

(1) General engineering contracting;

(2) General building contracting;

(3) Specialty contracting.

(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 levelling and earth-moving projects, excavating, grading, trenching, paving and surfacing work and cement and concrete works in connection with the above mentioned fixed works.

(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.

(d) A specialty contractor is a contractor whose operations as such are the performance of construction work requiring special skill such as, but not limited to, electrical, drywall, painting and decorating, landscaping, flooring, carpet laying by any installation method, plumbing, or roofing work, and others whose principal contracting business involves the use of specialized building trades or crafts. [L 1957, c 305, §1(s 6); Supp, §166A-6; HRS §444-7; am L 1989, c 162, §1]

HRS §444-9

§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. [L 1957, c 305, §1(s 8); Supp, §166A-8; HRS §444-9]

Case Notes

Pursuant to this section, a general engineering or building contractor is prohibited from doing any work that would require it to act as a specialty contractor in an area the general contractor was not licensed to operate; where project required plumbing work classified as C-37 specialty work, general contractor, which did not hold a C-37 specialty license, could not do work in that area; court thus erred in holding that project did not require work in the C-37 classification and that general contractor did not have to engage a specialty contractor holding a C-37 specialty license. 97 H. 450, 40 P.3d 73 (2002).

HRS §464-1

§464-1 Definitions. As used in this chapter:

"Architect" 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, including aesthetic and structural design, or observation of construction, in connection with any private or public buildings, structures, or projects or the equipment or utilities thereof, or the accessories thereto, wherein the safeguarding of life, health, or property is concerned or involved, when the professional service requires the application of the art and science of construction based upon the principles of mathematics, aesthetics, and the physical sciences.

"Landscape architect" means a person who holds oneself out as able to perform, or who does perform, any professional services such as consultation, investigation, reconnaissance, research, design, preparation of drawings and specifications, and observation of construction where the dominant purpose of the services is:

(1) The preservation and enhancement of land uses and natural land features;

(2) The location and construction of aesthetically pleasing and functional approaches for structures, roadways, and walkways; and

(3) The design for equestrian trails, plantings, landscape irrigation, landscape lighting, and landscape grading.

This practice shall include the location, arrangement, and design of tangible objects and features as are incidental and necessary to the purposes outlined herein. Nothing herein shall preclude a duly licensed landscape architect from planning the development of land areas and elements used thereon or from performing any of the services described in this section in connection with the settings, approaches, or environment for buildings, structures, or facilities; provided that nothing in this chapter shall empower a landscape architect licensed under this chapter from practicing or offering to practice architecture or engineering in any of its various recognized branches.

"Land surveying" means any professional service or work which involves the application of specialized knowledge of the principles of mathematics, the physical and applied sciences, and the act of measuring, locating, establishing, or reestablishing lines, angles, elevations, natural and manmade features on the surface and immediate subsurface of the earth, or on the beds or surface of bodies of water, for the purpose of determining, establishing, describing, displaying, or interpreting the size, shape, topography, elevation datum planes, legal or geodetic location or relocation, or orientation of improved or unimproved real property and appurtenances thereto, including acreage. Land surveying includes but is not limited to:

(1) Evaluating and determining boundary evidence collected through field surveys, boundary studies, or other means;

(2) Using the principles of land surveying to:

(A) Determine the position for any monument or reference point which marks a property line, boundary corner, right-of-way, easement, or alignment of those lines;

(B) Set, reset, recover, or replace any such monument or reference point; or

(3) Giving an authoritative reference or interpretation as to the location of a property line, boundary, right‑of-way, easement, or any related corner position;

(4) Creating or modifying record plats for cadastral surveys including consolidation, subdivision, resubdivision, rights-of-way, easements, determination of areas, mathematical closures, and elevations of land parcels;

(5) Creating or modifying land surveying descriptions of property lines and easements, or editing their content for use in legal instruments that convey real property and property rights;

(6) Rendering a statement or certification regarding the positional accuracy of land surveying maps, record drawings, field surveys, or measured survey data;

(7) Creating or modifying the content of electronic data, computerized drawings, or any other survey map relative to the practice of land surveying; or

(8) Setting, resetting, or replacing initial survey control points, including benchmarks to provide horizontal and vertical data on or in the vicinity of a construction or engineering project to enable any components of the project to be built in compliance with plans and specifications with respect to the project location, orientation, elevation, and relationship to property lines, easements, or right-of-way boundaries.

This definition shall not apply to any person working within the scope of practice of another licensed profession; provided that the person does not purport to be a land surveyor.

"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.

"Professional surveyor", "professional land surveyor", or "land surveyor" means a person who holds oneself out as able to practice, or who does practice, land surveying in this State. [L 1933, c 134, §5; RL 1935, §7034; RL 1945, §7601; am L 1949, c 306, §1; RL 1955, §166-1; HRS §464-1; am L 1970, c 85, §2; gen ch 1985; am L 1988, c 226, §1; am L 1989, c 210, §3; am L 2012, c 79, §1]

HRS §464-11

§464-11 Contents of certificates; use of seal mandatory when. Each certificate of licensure issued hereunder shall bear the date of the original license and shall specify whether the person to whom it is issued is authorized by the board to practice professional engineering, architecture, land surveying or landscape architecture.

In the case of a certificate issued to a person authorizing the person to practice professional engineering, the certificate shall furthermore indicate the major branch or branches of engineering in which the person has especially qualified.

Every licensee may use a seal or rubber stamp of the design authorized by the board bearing the licensee's name and the words "licensed professional engineer", "licensed architect", "licensed land surveyor", or "licensed landscape architect", or otherwise as may be authorized by the board.

All plans, specifications, maps, and reports prepared by or under the supervision of a licensed engineer, architect, surveyor, or landscape architect shall be stamped with such seal or stamp when filed with public officials. It shall be unlawful for anyone to seal or stamp any document with such seal or stamp after the license has expired or has been revoked or suspended unless such license has been renewed or reissued.

No official of the State nor of any political subdivision thereof, charged with the enforcement of laws or ordinances relating to the construction or alteration of buildings or structures, shall accept or approve any plans or specifications that are not stamped with the seal of a licensed architect or with the seal of a licensed engineer who has qualified in the structural engineering branch, unless the building or structure, for which the plans or specifications are submitted is exempted from this chapter, and no map or survey shall be filed in the land court unless stamped with the seal of a licensed land surveyor. [L 1923, c 227, §6; RL 1925, §3688; am L 1931, c 165, §4; am L 1933, c 134, §2; RL 1935, §7039; RL 1945, §7611; RL 1955, §166-11; HRS §464-11; am L 1970, c 85, §§1, 6; am L 1983, c 155, §7; gen ch 1985; am L 1989, c 210, §13]

HRS §464-12

§464-12 Corporations and partnerships. A corporation or copartnership may engage in the practice of professional engineering, architecture, surveying, or landscape architecture in the State if the person or persons connected with the corporation or copartnership directly in charge of the professional work is duly licensed. [L 1923, c 227, §7; RL 1925, §3689; am L 1933, c 134, §3; RL 1935, §7040; RL 1945, §7612; RL 1955, §166-12; HRS §464-12; am L 1970, c 85, §1; am L 1983, c 155, §8; am L 1989, c 210, §14; am L 1997, c 8, §4]

HRS §464-14

§464-14 Unlicensed activity; penalties. (a) Any person who practices, offers to practice, or holds oneself out as authorized and qualified to practice professional engineering, architecture, land surveying, or landscape architecture in the State, except as provided in sections 464-3 and 464-5; or who uses the title "engineer", "architect", "land surveyor" or "landscape architect", or any title, sign, card, or device to indicate that such person is practicing professional engineering, architecture, land surveying, or landscape architecture, or is a professional engineer, architect, land surveyor, or landscape architect, without having first acquired a license in accordance with this chapter and without having a valid unexpired license; or who uses or attempts to use as the person's own the seal, certificate or license of another, or who falsely impersonates any duly licensed practitioner hereunder, or who uses or attempts to use an expired, suspended, or revoked license shall be fined not more than $500 or imprisoned not more than one year, or both.

(b) Any corporation or copartnership which advertises that it furnishes architectural, engineering, land surveying, or landscape architectural services in the making of plans or specifications or in the construction of any building or other structure, without first complying with section 464-12; or any corporation or copartnership which furnishes or offers to furnish architectural, engineering, land surveying, or landscape architectural services for the construction of any building, structure, project, or utility in the State, without first complying with section 464-12, shall be fined not more than $1,000. Notwithstanding any law to the contrary, persons, corporations, or copartnerships working on structures exempted in section 464-13 shall not be affected by this subsection. [L 1923, c 227, §11; RL 1925, §3693; am L 1931, c 165, §8; am L 1933, c 134, §4; RL 1935, §7042; RL 1945, §7614; RL 1955, §166-14; HRS §464-14; am L 1970, c 85, §1; gen ch 1985; am L 1989, c 210, §15; am L 1993, c 127, §2]

Case Notes

Nonrenewal of registration held not to warrant forfeiture of contract rights in addition to penal sanctions of this section. 57 H. 124, 551 P.2d 525 (1976).

HRS §464-2

§464-2 Licensing of practicing engineers, etc. In order to safeguard life, health, and property, no person except those exempted by sections 464-3 and 464-5 shall practice professional engineering, architecture, land surveying or landscape architecture in the State unless the person is duly licensed under this chapter. [L 1923, c 227, §1; RL 1925, §3683; am L 1931, c 165, §1; RL 1935, §7030; RL 1945, §7602; RL 1955, §166-2; HRS §464-2; am L 1970, c 85, §1; gen ch 1985; am L 1989, c 210, §4]

Case Notes

Contract made by unregistered architect, although illegal, is not necessarily void. 57 H. 124, 551 P.2d 525 (1976).

HRS §464-3

§464-3 Persons exempt from licensure. Persons practicing professional engineering, architecture, land surveying, or landscape architecture solely as officers or employees of the United States shall be exempted from the provisions of this chapter. [L 1923, c 227, §8; RL 1925, §3690; am L 1931, c 165, §5; RL 1935, §7031; RL 1945, §7603; RL 1955, §166-3; am L 1961, c 142, §12(a); HRS §464-3; am L 1970, c 85, §1; am L 1983, c 155, §1; am L 1989, c 210, §5; am L 1997, c 8, §1]

HRS §464-4

§464-4 Public works. (a) Notwithstanding any other provision to the contrary, public works projects involving:

(1) Alteration or new construction shall be required to have:

(A) Plans or specifications prepared by or under the supervision of an appropriately licensed professional engineer, architect, or landscape architect. The licensed professional engineer, architect, or landscape architect, as the case may be, shall stamp the plans or specifications, and indicate that the licensee has prepared or supervised the preparation of the plans or specifications; and

(B) A licensed professional engineer, architect, or landscape architect designated by the State, county, or political subdivision that is undertaking the public works project to observe the alteration or new construction. For the observation of construction of these types of public works projects, the licensed professional engineer, architect, or landscape architect, as the case may be, shall not be required to stamp the plans or specifications.

(2) Maintenance work shall:

(A) Not be required to have plans or specifications prepared by or under the supervision of an appropriately licensed professional engineer, architect, or landscape architect; and

(B) Be required to have a licensed professional engineer, architect, or landscape architect designated by the State, county, or political subdivision that is undertaking the public works project to observe the maintenance work. For the observation of construction of this type of public works project, the licensed professional engineer, architect, or landscape architect, as the case may be, shall not be required to stamp the plans or specifications.

(b) All land surveys involving property boundaries for public purposes or plans thereof shall be made or supervised by a licensed surveyor. The licensed land surveyor shall stamp the land surveys or plans, and indicate that the licensee has prepared or supervised the preparation of the land surveys or plans.

"Maintenance" means minor repairs or replacement work which do not affect or involve the structural integrity of the public works project.

"Public works projects" means projects undertaken by the State, counties, or any political subdivisions thereof. [L 1923, c 227, §9; RL 1925, §3691; am L 1931, c 165, §6; RL 1935, §7032; RL 1945, §7604; RL 1955, §166-4; HRS §464-4; am L 1970, c 85, §1; am L 1988, c 226, §2; am L 1989, c 210, §6; am L 2002, c 53, §1]

HRS §464-5

§464-5 Limitation upon application of chapter. Nothing in this chapter shall prevent any person from engaging in engineering, architectural, or landscape architectural work and undertakings upon property owned or exclusively controlled or possessed by that person, or from hiring any person to do the work and undertakings, unless the work and undertakings involve the safety or health of the public, nor shall anything in this chapter prevent any person from engaging in land surveying upon property owned or exclusively controlled or possessed by that person or from hiring any person to do the work, unless the work involves a common boundary.

Nothing in this chapter shall be construed as applying to the business conducted in this State by any agriculturist, horticulturist, tree expert, arborist, forester, gardenshop operator, nursery operator or landscape nursery operator, gardener, landscape gardener, landscape contractor, landscape designer, landscape consultant, garden or lawn caretaker, or cultivator of land, as these terms are generally used, except that no person shall use the designation "landscape architect", "landscape architectural", or "landscape architecture" unless licensed under the provisions of this chapter.

All engineering work, architectural work, and landscape architectural work in which the public safety or health is involved shall be designed by and the construction observed by a duly licensed professional engineer, architect, or landscape architect, respectively. [L 1923, c 227, §10; RL 1925, §3692; am L 1931, c 165, §7; RL 1935, §7033; RL 1945, §7605; RL 1955, §166-5; HRS §464-5; am L 1970, c 85, §§1, 3; am L 1988, c 226, §3; am L 1989, c 210, §7; gen ch 1993]

HRS §464-6

§464-6 Board of professional engineers, etc., members; appointment; tenure; qualifications. There shall be a state board of professional engineers, architects, surveyors, and landscape architects hereinafter called "the board". The board shall consist of fourteen members, including at least four professional engineers, three professional architects, two professional surveyors, two professional landscape architects, and three public members. Each county shall be represented by at least one member who is a resident of the county. Each member shall hold over after the expiration of the member's term until the member's successor is duly appointed and qualified.

Each member shall have been a resident of the State for at least three years. A member representing the profession shall have been engaged in the practice of the member's profession for at least five years immediately preceding the date of the member's appointment. Any member of the board who incurs expenses in connection with the preparation and grading of examination papers shall be reimbursed for those expenses with the approval of the department. [L 1923, c 227, §2; RL 1925, §3684; am L 1933, c 134, §§1, 6; RL 1935, §7035; RL 1945, §7607; am L 1949, c 306, §2; RL 1955, §166-6; am L Sp 1959 2d, c 1, §5; am L 1967, c 85, §2; HRS §464-6; am L 1970, c 85, §4; am L 1978, c 208, §12; am L 1982, c 204, §8; am L 1983, c 155, §2; gen ch 1985; am L 1989, c 210, §8; am L 1992, c 202, §153; ree L 1993, c 322, §14]

Cross References

Design claim conciliation panel, see chapter 672B.

Attorney General Opinions

This statute is constitutional, with regard to the use of the phrase "appointed and qualified" to describe when a successor's appointment terminates a holdover member's position. Att. Gen. Op. 16-3.

HRS §464-7

§464-7 Powers and duties of board; secretary; records. In addition to any other powers and duties authorized by law, the board may compel the attendance of witnesses upon subpoena, administer oaths, take testimony, and do all other things necessary and proper to carry out this chapter in all matters within its jurisdiction. It shall adopt and have an official seal and adopt, subject to chapter 91 and with the approval of the governor and the director of commerce and consumer affairs, rules for the performance of its duties and the carrying on of its business and the enforcement of this chapter, including, but not limited to, rules which define the branches of engineering in which licensure shall be offered, clarify the qualifications needed for licensure, and set forth practice requirements. It shall have a chairperson, a vice-chairperson, and a secretary, and a quorum shall consist of not less than six members.

The board shall keep a record of its proceedings and all applicants for licensure as engineers, architects, surveyors, or landscape architects, the date of application, name, educational and other qualifications, address, whether or not an examination was required, and whether or not the applicant was licensed and a certificate issued to the applicant and the date of the action. The records shall be prima facie evidence of all matters therein contained. [L 1923, c 227, §3; RL 1925, §3685; am L 1933, c 40, §1; RL 1935, §7036; RL 1945, §7608; am L 1949, c 306, §3; RL 1955, §166-7; am L Sp 1959 2d, c 1, §§14, 15; am L 1961, c 184, §24; am L 1963, c 114, §§1, 3; am L 1965, c 96, §106; am L 1967, c 9, §1; HRS §464-7; am L 1970, c 85, §1; am L 1982, c 204, §8; am L 1983, c 124, §17 and c 155, §3; gen ch 1985; am L 1988, c 226, §4; am L 1989, c 210, §9; am L 1992, c 11, §1 and c 202, §154; am L 1997, c 8, §2]

HRS §464-8

§464-8 Qualifications for licensure. (a) No person shall be eligible for licensure as a professional engineer unless:

(1) The person is the holder of an unexpired license issued to the person by any jurisdiction, domestic or foreign, in which the requirements for licensure at the time the person was first licensed are of a standard satisfactory to the board; provided that if the board is in doubt as to whether the standards are satisfactory, or as to whether the holder was required to fully comply with them, it shall require that the holder successfully pass a written examination, prescribed by the board and designed to test the holder's knowledge, skill, and competency in the profession of engineering;

(2) The person is the holder of a master's degree in engineering from an institution of higher education approved by the board; is a graduate of a school or college approved by the board as of satisfactory standing and has completed an engineering curriculum of four years or more; has had three years of full-time lawful experience in engineering work of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed a written examination, prescribed by the board and designed to test the person's knowledge, skill, and competency in the profession of engineering;

(3) The person is the holder of a master's degree in engineering from an institution of higher education approved by the board; has had four years of full-time lawful experience in engineering work of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed a written examination, prescribed by the board and designed to test the person's knowledge, skill, and competency in the profession of engineering;

(4) The person is a graduate of a school or college approved by the board as of satisfactory standing, and has completed an engineering curriculum of four years or more; has had four years of full-time lawful experience in engineering work of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed a written examination, prescribed by the board and designed to test the person's knowledge, skill, and competency in the profession of engineering;

(5) The person is a graduate of a school or college approved by the board as of satisfactory standing, and has completed an engineering technology or arts and science curriculum of four years or more; has had eight years of full-time lawful experience in engineering work of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed a written examination, prescribed by the board and designed to test the person's knowledge, skill, and competency in the profession of engineering; or

(6) The person has had twelve years of full-time lawful experience in engineering work of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed a written examination, prescribed by the board and designed to test the person's knowledge, skill, and competency in the profession of engineering.

(b) No person shall be eligible for licensure as a professional architect unless:

(1) The person is the holder of an unexpired license in architecture issued to the person by any jurisdiction, domestic or foreign, and the person meets the requirements of this chapter and the rules of the board;

(2) The person is the holder of a bachelor's, master's, or higher degree in architecture from a school or college approved by the board as of satisfactory standing; has had three years of full-time lawful experience in architecture work of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed a professional written examination, prescribed by the board and designed to test the person's knowledge, skill, and competency in the profession of architecture;

(3) The person is a graduate of a school or college approved by the board as of satisfactory standing and has completed an architectural curriculum of four years or a pre-architecture or arts and science curriculum of four years or more; has had five years of full-time lawful experience in architecture work of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed a professional written examination, prescribed by the board and designed to test the person's knowledge, skill, and competency in the profession of architecture;

(4) The person is a graduate of a community college or other technical training school approved by the board as of satisfactory standing, and has completed an architectural technology curriculum of two years or more; has had eight years of full-time lawful experience in architecture work of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed a professional written examination, prescribed by the board and designed to test the person's knowledge, skill, and competency in the profession of architecture; or

(5) The person has had eleven years of full-time lawful experience in architecture work of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed a professional written examination, prescribed by the board and designed to test the person's knowledge, skill, and competency in the profession of architecture;

provided that those persons who qualify under paragraphs (2) through (5), as of June 30, 2000, shall be required to fulfill the requirements of the intern development program of the National Council of Architectural Registration Boards or of any similar program satisfactory to the board, and approved by the board. For paragraph (2), the intern development program shall fulfill the experience requirement. For paragraphs (3), (4), and (5), time participating in the intern development program shall be credited toward the experience requirement.

(1) (A) The person is the holder of an unexpired license issued to the person by any jurisdiction, domestic or foreign, in which the requirements for licensure at the time the person was first licensed are of a standard satisfactory to the board; provided that if the board is in doubt as to whether the standards are satisfactory, or as to whether the holder was required to fully comply with them, it shall require that the holder successfully pass the national land surveyor licensing examinations and a written, multiple-choice examination on the subject of Hawaii land matters and Hawaii land description;

(B) The person is a graduate of a school or college approved by the board as of satisfactory standing, and has completed a geoscience, civil engineering, or general engineering curriculum of four years or more; has had three years of full-time lawful experience in land surveying of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed the national land surveyor licensing examinations and a written, multiple-choice examination on the subject of Hawaii land matters and Hawaii land description;

(C) The person is a graduate of a school or college approved by the board as of satisfactory standing, and has completed a civil engineering technology (survey option) curriculum of two years or more or arts and sciences curriculum of four years or more; has had seven years of full-time lawful experience in land surveying of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed the national land surveyor licensing examinations and a written, multiple-choice examination on the subject of Hawaii land matters and Hawaii land description; or

(D) The person has had eleven years of full-time lawful experience in land surveying of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed the national land surveyor licensing examinations and a written, multiple-choice examination on the subject of Hawaii land matters and Hawaii land description; and

(2) Any applicant shall certify on the application that the applicant has read, understood, and agrees to comply with the laws and rules that the board determines are required for licensure.

(d) No person shall be eligible for licensure as a professional landscape architect unless:

(1) The person is the holder of an unexpired license issued to the person by any jurisdiction, domestic or foreign, in which the requirements for licensure at the time the person was first licensed are of a standard satisfactory to the board; provided that if the board is in doubt as to whether the standards are satisfactory, or as to whether the holder was required to fully comply with them, it shall require that the holder successfully pass the national landscape architect licensing examination and a written examination, prescribed by the board designed to test the holder's knowledge of the State's climatic conditions, native plants and native ecosystems, land use ordinance and special management area requirements, and cultural and historical conditions affecting landscape architecture;

(2) The person is the holder of a master's degree in landscape architecture from an institution of higher education approved by the board; is a graduate of a school or college approved by the board as of satisfactory standing and has completed a landscape architectural curriculum of four years or more; has had two years of full-time lawful experience in landscape architecture work of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed the national landscape architect licensing examination and a written examination, prescribed by the board designed to test the person's knowledge of the State's climatic conditions, native plants and native ecosystems, land use ordinance and special management area requirements, and cultural and historical conditions affecting landscape architecture;

(3) The person is a graduate of a school or college approved by the board as of satisfactory standing, and has completed a landscape architectural curriculum of four years or more; has had three years of full-time lawful experience in landscape architecture work of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed the national landscape architect licensing examination and a written examination, prescribed by the board designed to test the person's knowledge of the State's climatic conditions, native plants and native ecosystems, land use ordinance and special management area requirements, and cultural and historical conditions affecting landscape architecture;

(4) The person is a graduate of a school or college approved by the board as of satisfactory standing, and has completed a pre-landscape architecture or arts and science curriculum of four years or more; has had five years of full-time lawful experience in landscape architecture work of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed the national landscape architect licensing examination and a written examination, prescribed by the board designed to test the person's knowledge of the State's climatic conditions, native plants and native ecosystems, land use ordinance and special management area requirements, and cultural and historical conditions affecting landscape architecture; or

(5) The person has had twelve years of full-time lawful experience in landscape architecture work of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed the national landscape architect licensing examination and a written examination, prescribed by the board designed to test the person's knowledge of the State's climatic conditions, native plants and native ecosystems, land use ordinance and special management area requirements, and cultural and historical conditions affecting landscape architecture.

(6) The applicant shall also certify on the application that the applicant has read, understood, and agrees to comply with the laws and rules that the board determines are required for licensure.

In addition to the foregoing requirements, the board, in its discretion, may also require additional proof that the applicant is competent to practice professionally, and whenever the board is not fully satisfied from the results of an examination that any applicant is competent to practice professionally, it may give the applicant a further examination or examinations.

No person shall be eligible for licensure as a professional engineer, architect, land surveyor, or landscape architect if the person does not possess a history of honesty, truthfulness, financial integrity, and fair dealing. [L 1923, c 227, pt of §4; RL 1925, pt of §3686; am L 1931, c 165, pt of §2; RL 1935, pt of §7037; RL 1945, pt of §7609; am L 1949, c 306, pt of §4; RL 1955, §166-8; HRS §464-8; am L 1970, c 85, §1; am L 1972, c 56, §1; am L 1974, c 160, §1; am L 1983, c 155, §4; am L 1985, c 10, §1; am L 1986, c 164, §1; am L 1988, c 226, §5; am L 1989, c 210, §10; am L 1992, c 11, §2; am L 1997, c 263, §2; am L 1998, c 185, §1 and c 186, §1; am L 2001, c 135, §1]

HRS §464-9

§464-9 Applications for and certificates of licensure; renewal; fees; continuing education. (a) Application for licensure shall be made upon a form prescribed by the board and shall be signed by the applicant. With each application there shall be paid to the board a nonrefundable application fee.

For each examination, or repetition thereof in whole or in part as shall be limited or permitted by the rules of the board, the candidate shall pay to the board an examination fee; provided where the candidate is eligible to take only that part of the examination pertaining to engineering fundamentals the candidate shall pay the appropriate fee. The fee paid shall not be refundable; provided if a candidate after having paid the fee is unable for any reason beyond the candidate's control to participate in the examination, the board may extend the time of the candidate's participation to the next regular examination date and credit the candidate the amount of the fee paid.

(b) Upon qualifying for licensure, the applicant shall pay a license fee, and upon receipt thereof by the board shall thereupon be licensed as a professional engineer, architect, land surveyor or landscape architect, and shall receive a certificate thereof from the board signed by the chairperson. Every person licensed who, as an individual or as a member of a firm or corporation, conducts an office or other place of business for the practice of the profession shall display the original certificate in a conspicuous manner, in the principal office or place of business.

(c) Every license expires on April 30 of each even-numbered year following its issuance and becomes invalid after that date unless renewed. At least one month in advance of the date of expiration of the license, a notice shall be mailed to every person licensed under this section informing them of the date of expiration and the amount required for the renewal. Licenses that have expired for failure to pay renewal fees on or before the date required in this subsection may be restored within two years of the expiration date upon payment of a fee for each renewal. Any person who fails to restore the person's license within two years of the date of its expiration shall reapply for licensure as a new applicant and meet the requirements in effect at that time.

(d) The board shall require continuing education to renew a license for architects effective as of the renewal date for a license expiring on April 30, 2008, and for every biennial renewal period thereafter. All continuing education courses shall be relevant to public protection subjects and shall be approved by the board as provided in the board's rules; provided that:

(1) Architects initially licensed in the first year of the biennium shall have completed eight continuing education credit hours;

(2) Architects initially licensed in the second year of the biennium shall not be required to complete any continuing education credit hours;

(3) All other architects shall have completed sixteen continuing education credit hours;

(4) The board shall randomly audit an architect's continuing education courses, and shall establish guidelines for random audits in rules adopted in accordance with chapter 91;

(5) An architect whose license is not renewed because of failure to comply with the continuing education requirement shall have two years from the expiration date of the license to restore the license by complying with all applicable continuing professional education requirements and paying the appropriate renewal and penalty fees. After the two-year restoration period, the licensee shall be required to apply as a new applicant, and meet the requirements in effect at that time; and

(6) An architect licensee shall not be subject to the continuing education requirement if the architect otherwise meets all other renewal requirements and:

(A) Is a member of the armed forces, National Guard, or a reserve component on active duty and deployed during a state or national crisis as "state or national crisis" is defined in chapter 436B;

(B) Is ill or disabled for a significant period of time as documented by a licensed physician, and is unable to meet the continuing education requirements of this subsection;

(C) Can demonstrate undue hardship that prevented the licensee from meeting the continuing education requirements of this subsection; or

(D) Is retired from the practice of architecture and is no longer performing or providing architectural services;

provided that any exemption from the continuing education requirements shall be subject to the board's approval. [L 1923, c 227, pt of §4; RL 1925, pt of §3686; am L 1927, c 225, §1; am L 1931, c 165, pt of §2; RL 1935, pt of §7037; RL 1945, pt of §7609; am L 1949, c 306, pt of §4; RL 1955, §166-9; am L 1961, c 142, §12(b), (c); am L 1965, c 243, §1; HRS §464-9; am L 1970, c 85, §1; am L 1974, c 28, §1; am L 1975, c 118, §28; am L 1983, c 155, §5; am L 1984, c 7, §71; am L 1988, c 226, §6; am L 1989, c 210, §11; am L 1992, c 202, §§155, 156; gen ch 1992; am L 1993, c 127, §1; am L 1997, c 8, §3 and c 40, §18; am L 2005, c 2, §2]

Cross References

Disposal of examination papers, see §94-5.

Professional testing services, see §26-9.

Case Notes

Failure of architect to renew registration does not warrant forfeiture of the benefits of the architect's contracts if forfeiture would be wholly out of proportion to requirements of public policy or appropriate punishment. 57 H. 124, 551 P.2d 525 (1976).

Provision for renewal not for public protection but for revenue. 57 H. 124, 551 P.2d 525 (1976).

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)