Haw. Code R. § 16-77-3

Current through April, 2024
Section 16-77-3 - Definitions

As used in this chapter or in chapter 444, HRS:

"Board" means the contractors license board.

"Building permit" means and includes any type of permit issued or required by the county or other local subdivision of the State as a condition precedent to the construction, alteration, improvement, demolition, or repair of any building or structure.

"Contracting entity" means any individual who has met the experience and financial integrity requirements for a license to engage in the contracting business or a corporation, partnership, joint venture, limited liability company, or other entity who has met the financial integrity requirements to engage in the contracting business and who has in its employ, a responsible managing employee.

"Current credit report" means a credit report covering at least the previous five years and issued within six months of the application date.

"Current financial statement" means a financial statement prepared within twelve months of the application date.

"Current proof of payment arrangement" means a payment arrangement issued by the department of taxation within six months of the application date, or September 30 of the even-numbered year if renewing a license.

"Current state tax clearance" means a tax clearance issued within six months of the application date, or September 30 of the even-numbered year if renewing a license.

"Employee" as used in section 444-2(6), HRS, means an individual who receives wages as sole compensation from, and works under the supervision of, an employer who is a contracting entity and who is liable for paying the social security and unemployment taxes on the individual and provides workers' compensation coverage for the individual.

"Fabrication" as used in defining the scope of work in various specialty classifications means field fabrication as opposed to shop fabrication which does not require a contractor's license.

"Financial integrity" means financial responsibility, financial capacity, and history of personal integrity to operate as a contractor and to engage in the contracting business.

"Home improvement contracting" means undertaking or holding oneself out as being able to undertake directly or indirectly renovation, remodeling, repairing, or otherwise improving a residential property for compensation.

"Owner builder exemption" means an owner or lessee of property is exempt from the contractors license law if the structure to be built or improved is for the owner's or lessee's own personal use and not for use or occupancy by the general public; provided that the structure so built or improved is not offered for sale or lease in its entirety or in part within one year after its completion; and, provided further that the owner or lessee registered for the exemption as provided in section 444-9.1, HRS.

"Partnership" includes, without limitation, general partnerships, limited partnerships, and limited liability partnerships.

"Responsible managing employee" or "RME" means the individual who is a bona fide employee of the contracting entity that maintains a current contractor's license, and who qualifies the contracting entity for a contractor's license in the licensed classifications held by the individual.

"SEC" means the Securities and Exchange Commission.

Haw. Code R. § 16-77-3

[Eff and comp 4/14/88; am and comp 12/9/02; comp 4/15/04] (Auth: HRS § 444-4) (Imp: HRS §§ 444-2, 444-4, 444-9.1, 444-11)