Hawaii HVAC & Mechanical Licensing Law
Hawaii Code · 3 sections
The following is the full text of Hawaii’s hvac & mechanical licensing law statutes as published in the Hawaii Code. For the official version, see the Hawaii Legislature.
Haw. Rev. Stat. § 269-1
Section
269-1 Definitions
269-2 Public utilities commission; number, appointment
of commissioners, qualifications; compensation;
persons having interest in public utilities;
authority
269-3 Employment of assistants
269-4 Repealed
269-5 Annual report and register of orders
269-6 General powers and duties
269-6.5 Electronic copies of documents
269-7 Investigative powers
269-7.5 Certificates of public convenience and necessity
269-8 Public utilities to furnish information
269-8.2 Location of records
269-8.5 Annual financial reports
269-9 Report accidents
269-10 Commission may compel attendance of witnesses, etc.
269-11 Repealed
269-12 Notices
269-13 Right to be represented by counsel
269-14 Repealed
269-14.5 Appointment of receiver for public utilities
269-15 Commission may institute proceedings to enforce
chapter
269-15.5 Appeals
269-15.51 Contested cases
269-15.6 Alternative dispute resolution
269-16 Regulation of utility rates; ratemaking procedures
269-16.2 Approval of rules of a public utility
269-16.21 Repealed
269-16.22 Power purchase agreements; cost recovery for electric
utilities
269-16.3 Statewide rate increase surcharge assessment on
ratepayers in emergency situations
269-16.4 Annual fuel mix disclosure
269-16.5 Lifeline telephone rates
269-16.6 Telecommunications relay services for the deaf,
persons with hearing disabilities, and persons with
speech disabilities
269-16.7 Repealed
269-16.8 Aggregators of telephone service requirements
269-16.85 Retail intrastate services; fully competitive
269-16.9 Telecommunications providers and services
269-16.91 Universal service subsidies
269-16.92 Changes in subscriber carrier selections; prior
authorization required; penalties for unauthorized
changes
269-16.93 Release of domestic abuse victims from shared
wireless plans
269-16.95 Emergency telephone service; capital costs;
ratemaking
269-17 Issuance of securities
269-17.5 Issuance of voting stock; restrictions
269-18 Acquirement of stock of another public utility
269-19 Merger and consolidation of public utilities
269-19.5 Relations with an affiliated interest; definition;
contracts with affiliates filed and subject to
commission action
269-20 Certificates of public convenience and necessity
for water carriers
269-21, 22 Repealed
269-23 Liability of initial and delivering common carrier
for loss; limitation of liability; notice and filing
of claim
269-24 Repealed
269-25 Valuations
269-26 Investigation of water rates charged by lessee
under state leases
269-26.5 Preferential water rates for agricultural activities
269-26.6 Preferential water carrier service rates for
agricultural activities
269-27 Prevention of unreasonable water rates
269-27.1 Establishment of geothermal energy rates
269-27.2 Utilization of electricity generated from nonfossil
fuels
269-27.3 Preferential renewable energy rates; agricultural
activities
269-27.4 Community-based renewable energy tariffs
269-27.5 Construction of high-voltage electric transmission
lines; hearing
269-27.6 Construction of high-voltage electric transmission
lines; overhead or underground construction
269-28 Penalty
269-29 Perjury
269-30 Finances; public utility fee
269-31 Application of this chapter
269-32 Injury to public utility property
269-33 Public utilities commission special fund
269-34 Obligations of telecommunications carriers
269-35 Universal service
269-36 Telecommunications number portability
269-37 Compensation agreements
269-38 Regulatory flexibility for effectively competitive
services
269-39 Cross-subsidies
269-40 Access to advanced services
269-41 Universal service program; establishment; purpose;
principles
269-42 Universal service program; contributions
269-43 Carriers of last resort
269-44 Solar water heater system standards
269-45 Gas utility companies; renewable energy; reporting
requirements
Part II. Consumer Advocate
269-51 Consumer advocate; executive director of the
division of consumer advocacy
269-52 Division of consumer advocacy; personnel
269-53 Legal counsel
269-54 General powers; duties
269-55 Handling of complaints
Part III. Other Provisions
269-71 Meter tampering
Part IV. Gas Pipeline Systems–Repealed
269-81 to 84 Repealed
Part V. Renewable Portfolio Standards
269-91 Definitions
269-92 Renewable portfolio standards
269-93 Achieving portfolio standard
269-94 Waivers, extensions, and incentives
269-95 Renewable portfolio standards study
269-96 Energy-efficiency portfolio standards
Part VI. Net Energy Metering
269-101 Definitions
269-101.5 Maximum capacity of eligible customer-generator
269-102 Standard contract or tariff; rate structure
269-103 Generating capacity
269-104 Additional customer-generators
269-105 Calculation
269-106 Billing periods; twelve-month reconciliation
269-107 Net electricity consumers
269-108 Net electricity producers; excess electricity
credits and credit carry over
269-109 Net electricity consumption or production
information
269-110 Termination by eligible customer-generators
269-111 Safety and performance standards
Part VII. Public Benefits Fee
269-121 Public benefits fee authorization
269-122 Public benefits fee administrator; establishment
269-123 Requirements for the public benefits fee
administrator
269-124 Transitioning from utility demand-side management
programs to the public benefits fee
269-125 On-bill financing for energy efficiency and renewable
energy
Part VIII. Interisland Transmission System
269-131 Definitions
269-132 Certification
269-133 Transmission tariff
269-134 Cable surcharge
269-135 Recovery of electric utility company costs
Part IX. Electric Reliability
269-141 Definitions
269-142 Reliability standards; interconnection
requirements; adoption and development; force
and effect
269-143 Monitoring
269-144 Compliance and enforcement
269-145 Grid access; procedures for interconnection;
dispute resolution
269-145.5 Advanced grid modernization technology; principles
269-146 Hawaii electricity reliability surcharge;
authorization; cost recovery
269-147 Hawaii electricity reliability administrator;
contracting
269-148 Hawaii electricity reliability administrator;
qualifications
269-149 Funding; reporting
Part X. Green Infrastructure Bonds
269-161 Definitions
269-162 Applications to issue bonds and authorize green
infrastructure fee
269-163 Green infrastructure financing order
269-164 Green infrastructure property
269-165 Bonds financing order
269-166 Green infrastructure fee; nonbypassable
269-167 Electric utility successor requirements; default
of electric utility
269-168 Treatment of bonds, fees, and property
269-169 Green infrastructure property; non-impairment
269-170 Green infrastructure loan program order; application
269-171 Green infrastructure loan program order; issuance
269-172 Electric utilities; cost recovery; billing agent
269-173 Severability
269-174 Miscellaneous
269-175 Revenue bonds; exclusion from debt limit
269-176 Financing order; adjustments to green
infrastructure fee
Note
Broadband services; exemption from certain permitting requirements. L 2011, c 151; L 2013, c 264; L 2016, c 193, §§1, 2.
Franchises prior to 1966, see RLH 1955, volume II appendix at page 1720 and 1965 Supp at page 1039.
Greenhouse gas emissions reduction task force (report to 2010 legislature and every five years thereafter). L 2007, c 234, §§1 to 7.
Honolulu Gas Company. L 1967, c 262.
Judiciary report to 2019 legislature on change in judicial proceedings made by L 2016, c 48. L 2016, c 48, §11.
Kauai Electric Company, Limited. L 1967, c 165.
Maui Electric Company, Limited. L 1991, c 12.
Maui Electric Company, Limited (for Lanai). L 1988, c 54.
Molokai Electric Company, Limited. L 1989, c 147.
Solar water heating pay as you save program pilot project. L 2006, c 240, §13.
Cross References
Natural energy laboratory of Hawaii authority as public utility; when, see §227D-1.5.
Telecommunications and cable industry information reporting, see chapter 440J.
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HRS §444-17
§444-17 Revocation, suspension, and renewal of licenses. In addition to any other actions authorized by law, the board may revoke any license issued pursuant to this section, or suspend the right of a licensee to use a license, or refuse to renew a license for any cause authorized by law, including:
(1) Any dishonest, fraudulent, or deceitful act as a contractor that causes substantial damage to another;
(2) Engaging in any unfair or deceptive act or practice as prohibited by section 480-2;
(3) Abandonment of any construction project or operation without reasonable or legal excuse;
(4) Wilful diversion of funds or property received for prosecution or completion of a specific construction project or operation, or for a specified purpose in the prosecution or completion of any construction project or operation, and the use thereof for any other purpose;
(5) Wilful departure from, or wilful disregard of plans or specifications in any material respect without consent of the owner or the owner's duly authorized representative, that is prejudicial to a person entitled to have the construction project or operation completed in accordance with those plans and specifications;
(6) Wilful violation of any law of the State, or any county, relating to building, including any violation of any applicable rule of the department of health, or of any applicable safety or labor law;
(7) Failure to make and keep records showing all contracts, documents, records, receipts, and disbursements by a licensee of all the licensee's transactions as a contractor for a period of not less than three years after completion of any construction project or operation to which the records refer or to permit inspection of those records by the board;
(8) When the licensee being a partnership or a joint venture permits any partner, member, or employee of the partnership or joint venture who does not hold a license to have the direct management of the contracting business thereof;
(9) When the licensee being a corporation permits any officer or employee of the corporation who does not hold a license to have the direct management of the contracting business thereof;
(10) Misrepresentation of a material fact by an applicant in obtaining a license;
(11) Failure of a licensee to complete in a material respect any construction project or operation for the agreed price if the failure is without legal excuse;
(12) Wilful failure in any material respect to comply with this chapter or the rules adopted pursuant thereto;
(13) Wilful failure or refusal to prosecute a project or operation to completion with reasonable diligence;
(14) Wilful failure to pay when due a debt incurred for services or materials rendered or purchased in connection with the licensee's operations as a contractor when the licensee has the ability to pay or when the licensee has received sufficient funds therefor as payment for the particular operation for which the services or materials were rendered or purchased;
(15) The false denial of any debt due or the validity of the claim therefor with intent to secure for a licensee, the licensee's employer, or other person, any discount of the debt or with intent to hinder, delay, or defraud the person to whom the debt is due;
(16) Failure to secure or maintain workers' compensation insurance, unless the licensee is authorized to act as a self-insurer under chapter 386 or is excluded from the requirements of chapter 386;
(17) Entering into a contract with an unlicensed contractor involving work or activity for the performance of which licensing is required under this chapter;
(18) Performing service on a residential or commercial air conditioner using CFCs without using refrigerant recovery and recycling equipment;
(19) Performing service on any air conditioner after January 1, 1994, without successful completion of an appropriate training course in the recovery and recycling of CFC and HCFC refrigerants, which included instruction in the proper use of refrigerant recovery and recycling equipment that is certified by Underwriters Laboratories, Incorporated;
(20) Violating chapter 342C;
(21) Failure to pay delinquent taxes, interest, and penalties assessed under chapter 237 that relate to the business of contracting, or to comply with the terms of a conditional payment plan with the department of taxation for the payment of such delinquent taxes, interest, and penalties; and
(22) Knowingly or intentionally employing a person to perform work under a contract subject to chapter 104 who is not eligible to work in the United States under federal law. [L 1957, c 305, §1(s 16); am L Sp 1959 2d, c 1, §19; am L 1965, c 36, §1; Supp, §166A-16; HRS §444-17; am L 1969, c 64, §1 and c 163, §3; am L 1974, c 205, §2(12); am L 1975, c 41, §1; gen ch 1985; am L 1989, c 77, §11; am L 1990, c 316, §9; am L 1992, c 202, §69, c 264, §9, and c 269, §4; am L 1995, c 20, §6; am L 1996, c 43, §1; am L 2009, c 145, §1; am L 2010, c 185, §§1, 3]
Attorney General Opinions
Par. (15): Liability to pay moneys into employees' trust funds is within coverage of this paragraph. Att. Gen. Op. 68-7.
Case Notes
A material misrepresentation in violation of paragraph (10) need not be either fraudulent or intentional. 88 H. 264, 965 P.2d 806 (1998).
Misrepresentation was "material" for purposes of license suspension under paragraph (10) where contractor's answers on license application regarding past debts and bankruptcy were false, and which, if correctly answered, may have caused contractors license board to request applicant to appear before board, provide additional information, and issue only a conditional license or deny the issuance of a license. 88 H. 264, 965 P.2d 806 (1998).
HRS §444-4
§444-4 Powers and duties of board. In addition to any other powers and duties authorized by law, the board shall:
(1) Grant licenses, including conditional licenses, to contractors pursuant to this chapter and rules;
(2) Adopt, amend, or repeal such rules as the board may deem proper fully to effectuate this chapter and carry out the purpose thereof, which is the protection of the general public. All rules shall be approved by the governor and the director, and when adopted pursuant to chapter 91, shall have the force and effect of law. The rules may forbid acts or practices deemed by the board to be detrimental to the accomplishment of the purpose of this chapter. The rules may require contractors to make reports to the board containing any items of information as will better enable the board to enforce this chapter and rules, or as will better enable the board from time to time to amend the rules more fully to effectuate the purposes of this chapter. The rules may require contractors to furnish reports to owners containing any matters of information as the board deems necessary to promote the purpose of this chapter. The enumeration of specific matters which may properly be made the subject of rules shall not be construed to limit the board's general power to make all rules necessary fully to effectuate the purpose of this chapter;
(3) Adopt rules pursuant to chapter 91 necessary to implement the provisions of this chapter relating to CFCs, including, but not limited to, procedures for the disposal of air conditioning units utilizing CFCs that include mandatory recovery and recycling of CFCs;
(4) Enforce this chapter and rules adopted pursuant thereto;
(5) Suspend or revoke any license for any cause prescribed by this chapter, or for any violation of the rules, and refuse to grant, renew, restore, or reinstate any license for any cause which would be grounds for revocation or suspension of a license;
(6) Publish and distribute pamphlets and circulars containing any information as the board deems proper to further the accomplishment of the purpose of this chapter;
(7) Contract for professional testing services to prepare, administer, and grade the examinations for applicants as may be required for the purposes of this chapter. The board shall determine the scope and length of the examinations, whether the examinations shall be oral, written, or both, and the score that shall be deemed a passing score;
(8) Order summary suspension of a license; provided that summary suspensions may be delegated in accordance with section 436B-23;
(9) Issue informal nonbinding interpretations or declaratory rulings, and conduct contested case proceedings pursuant to chapter 91; and
(10) Subpoena witnesses and documents, administer oaths, receive affidavits and oral testimony, including telephonic communications. [L 1957, c 305, §1 (pt of §4); am L 1965, c 96, §107; Supp, pt of §166A-4; HRS §444-4; am L 1973, c 117, §1; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 1985, c 160, §1; am L 1989, c 77, §10 and c 268, §1; am L 1990, c 316, §8; am L 1992, c 202, §64; am L 1995, c 20, §1]
Case Notes
Rulemaking authority of the board. 51 H. 673, 466 P.2d 1009 (1970).
The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)