contractors license board - hawaii department … · · 2017-03-21william kamai, member . guests:...

CONTRACTORS LICENSE BOARD Professional and Vocational Licensing Division

Department of Commerce and Consumer Affairs State of Hawaii

Minutes of Meeting

Date: February 17, 2017

Place: King Kalakaua Conference Room, King Kalakaua Building Department of Commerce and Consumer Affairs 335 Merchant Street, 1st Floor, Honolulu, Hawaii 96813

Present: John Polischeck, Jr., Chairperson Tyrus Kagawa, Vice Chairperson Leslie Isemoto, Member Nathan Konishi, Member Peter H. M. Lee, Member Leonard K. P. Leong, Member Danny T. Matsuoka, Member Kent Matsuzaki, Member Aldon K. Mochida, Member Candace Ito, Executive Officer Charlene L. K. Tamanaha, Executive Officer Rodney J. Tam, Deputy Attorney General Faith Nishimura, Secretary

Excused: Anacleto “Joey” Alcantara, Jr., Member William Kamai, Member

Guests: William W. Kekauoha, Jr., RME, Ace Construction LLC Syvette Kekauoha, Ace Construction LLC Rossario C. Bunao, RME, RCB Painting LLC Elmer Agustin, RME, C L K Mechanical LLC Rowena Agustin, C L K Mechanical LLC Melvyn Gear, RME, Hawaiian Solar Dog LLC Keith K. Kishi, RME, A G T LLC Ralph Cushnie, Cushnie Construction Anthony J. Cardinale, RME, Cardinale Cabinet Coatings LLC Daniel L. Snyder (Individual) Arnold Wong, Ironworkers Local Union 625 Stabilization Fund Miao Kuan Huang, RME, Speedy Construction Inc. Vincent-Paul L. Alama, RME, Alama Construction LLC Brian K. Kashima (Individual) Pamela Tumpap, Maui Chamber of Commerce Rhonda Kavanagh, Hawaiian Solar LLC Shannon Alivado, General Contractors Association (“GCA”) Ronald T. Michioka, Esquire, Contractors Recovery Fund Attorney Lance Inouye, General Contractors Association (“GCA”)

Call to Order: There being a quorum present, Chairperson Polischeck called the meeting to order at 8:31 a.m.

Contractors License Board Minutes of the February 17, 2017 Meeting

Agenda: The agenda for this meeting was filed with the Office of the Lieutenant Governor, as required by Hawaii Revised Statutes (“HRS”) section 92-7(b).

Minutes: It was moved by Mr. Isemoto, seconded by Mr. Leong, and unanimously carried

to approve the Applications Committee Meeting and Executive Session Meeting minutes of February 6, 2017, and the Board Meeting Minutes and Executive Session Meeting Minutes of January 20, 2017, as circulated.

It was moved by Mr. Leong, seconded by Mr. Konishi, and unanimously carried to add “Amendments to the Agenda” to the agenda.

Amendments to Agenda:

It was moved by Mr. Isemoto, seconded by Mr. Konishi, and unanimously carried to approve the following amendments to the agenda:

Deletion from Appearances:

i. Jeffrey A. Piper, RME (Additional classification)

Sandpiper Electric Inc. C-52 Ventilating & air conditioning

m. Glenn R.C. Abel, RME Tesla Motors Inc. “A” General Engineering

Deletion from Conditional License Report:

c. Refrigeration Systems Construction and Service

Company Inc. Theodore D. Motes, RME C-40 Refrigeration Move from Conditional License Report to Appearances:

a. Brian K. Kashima (Individual) C-27 Landscaping

Chapter 91, HRS, Adjudicatory Matters: Chairperson Polischeck called for a recess from the Board’s meeting at 8:32

a.m. to discuss and deliberate on the following adjudicatory matters pursuant to HRS chapter 91.

1. Settlement Agreements a. In the Matter of the Contractors’ License of Nathaniel C. Viernes; CLB

2016-329-L


Respondent Nathaniel C. Viernes (“Respondent”) is licensed as a C-13 Electrical contractor. Respondent’s license was issued on or about February 10, 2004; and will expire or forfeit on or about September 30, 2018.

RICO received information indicating a judgment was entered against

Respondent based on allegations Respondent failed to pay Tri-Poly Electric, LLC for trenching and backfilling for electrical conduit.

RICO obtained a copy of a judgment in Civil No. 1SC 151-2148 dated

January 20, 2016, which ordered Respondent to pay Tri-Poly Electric, LLC $4,676.10.

RICO alleges a judgment was entered against Respondent and that

Respondent failed to report the judgment to the Board within thirty days as required by Hawaii law.

If proven at an administrative hearing, the allegations would constitute

violations of the following law:

HRS section 436B-16 (licensee shall provide written notice within thirty days of any judgment).

Respondent does not admit to violating any law or rule, and agrees to the reprimand of the license by the Board. The Board noted for the record that the reference to paragraph C.8. should be deleted from paragraph C.3. After discussion, it was moved by Mr. Lee, seconded by Mr. Leong, and unanimously carried to reject the Settlement Agreement Prior to Filing of Petition for Disciplinary Action and Board’s Final Order in the above case. The Settlement Agreement was rejected because the Board has historically fined licensees for similar violations.

b. In the Matter of the Contractors’ License of Mid-South Subcontractors,

Inc.; CLB 2016-443-L

Respondent Mid-South Subcontractors, Inc. (“Respondent”) is licensed as a C-42 Roofing contractor. Respondent’s license was issued on or about December 21, 2007; and will expire or forfeit on or about September 30, 2018.

RICO received a request from the Board to investigate a field citation

issued to Respondent by the Louisiana State Licensing Board for Contractors.

RICO obtained information indicating, on or about April 30, 2015,

Respondent was issued a $500.00 field citation based on allegations Respondent bid, contracted, or performed work using a name not


registered with the Louisiana Board for Contractors. The citation was paid in full.

RICO alleges Respondent was disciplined by the State of Louisiana and

that Respondent failed to report the disciplinary action to the Hawaii Board within thirty days as required by Hawaii law.


violations of the following laws:

HRS section 436B-19(13) (disciplinary action by another state or federal agency); and

HRS section 436B-19(15) (failure to timely report disciplinary action).

Respondent does not admit to violating any law or rule, and agrees to the reprimand of the license by the Board After discussion, it was moved by Mr. Lee, seconded by Mr. Leong, and unanimously carried to reject the Settlement Agreement Prior to Filing of Petition for Disciplinary Action and Board’s Final Order in the above case. The Settlement Agreement was rejected because the Board has historically fined licensees for similar violations.

c. In the Matter of the Contractors’ Licenses of Bogart Construction, Inc. and Brad K. Bogart; CLB 2016-330-L

Respondents Bogart Construction, Inc. (“Respondent BCI”) and Brad K.

Bogart (“Respondent Bogart”) are licensed as General building contractors. Respondent’s licenses were issued on or about July 24, 2014; and will expire or forfeit on or about September 30, 2018.

RICO received a complaint alleging that in or about May of 2016,

Respondents entered into a contract for a construction project with L. Brandes to build a Victoria Secret store in the Ka Makana Alii Shopping Center in Kapolei.

RICO alleges that in entering the aforementioned contracts,

Respondents failed to have the RME in residence in the State during the time the license of the contracting entity was in effect or during the period a project was under construction.


violations of the following rule:

HAR section 16-77-71(a)(4) (RME not in residence) as to Respondent BCI.

If proven at an administrative hearing, the allegations would constitute violations of the following rules:


HAR section 16-77-71(5) (RME responsible for any violation of this chapter or chapter 444 HRS); and

HAR section 16-77-71(a)(4) (RME not in residence) as to Respondent Bogart.

Respondents do not admit to violating any law or rule, and agree to pay an administrative fine in the amount of $5,000.00. After discussion, it was moved by Mr. Isemoto, seconded by Mr. Lee, and unanimously carried to approve the Settlement Agreement Prior to Filing of Petition for Disciplinary Action and Board’s Final Order in the above case.

2. Board’s Final Orders None. Following the Board’s review, deliberation and decisions in these matters,

pursuant to HRS chapter 91, Chairperson Polischeck announced that the Board was reconvening to its open meeting at 8:34 a.m.

Executive Session: At 8:35 a.m., it was moved by Mr. Kagawa, seconded by Mr. Lee, and

unanimously carried to enter into executive session pursuant to HRS section 92-5(a)(4) to consult with Rodney J. Tam, deputy attorney general, on questions and issues pertaining to the Board’s powers, duties, privileges, immunities, and liabilities.

Mr. Matsuzaki arrived at 8:37 a.m. Mr. Mochida arrived at 8:39 a.m. At 9:39 a.m., it was moved by Mr. Isemoto, seconded by Mr. Lee, and

unanimously carried to move out of executive session and to reconvene to the Board’s regular order of business.

Committee Reports: 1. Scope of Activity Committee Nathan T. Konishi, Chairperson

Daryl Hansen (Deferred from January 20, 2017 Meeting)

Requests a determination on (1) whether a C-60 Solar power systems contractor may subcontract to a C-61 Solar energy systems contractor to install solar thermal hot water systems; (2) whether a C-60 Solar power systems contractor may subcontract a C-52 Ventilating and air conditioning contractor to install the compressor portion of the photovoltaic (“PV”)air conditioning systems; and (3) whether a C-52 Ventilating and air conditioning contractor would be required to subcontract to a C-60 Solar energy systems contractor to install the


photovoltaic portion of a PV air conditioning system. Recommendation:

1. No, because the C-60 Solar power systems contractor cannot be the prime contractor on a solar thermal hot water system project.

2. No, because the C-60 Solar power systems contractor cannot be the

prime contractor on a PV air conditioning system project.

3. Yes, because although the C-52 Ventilating and air conditioning contractor may be the prime contractor on a PV air conditioning system project, the C-52 is required to subcontract the PV paneling portion to a C-60 Solar power systems or C-13 Electrical contractor. In addition, a C-13 Electrical contractor is required to perform the electrical work.

City and County of Honolulu, Department of Budget and Fiscal Services (Deferred from January 20, 2017 Meeting)

Requests a determination on whether Sculpted Shotcrete Finish work is “incidental and supplemental” to rockfall mitigation work performed by a C-68 RL Rockfall mitigation contractor.

Recommendation: This matter remains deferred until the additional information requested by the Board at its January 20, 2017 meeting is provided.

Department of Education Honokaa High and Intermediate School Building L Reroof and Regutter Project

Requests a clarification on the specialty license required to perform the work for Specification 07620 - Sheet Metal Flashing and Trim as specified.

Recommendation: The C-42 Roofing, C-44 Sheet metal, C-44a Gutters, or C-48 Structural steel contractor is required to perform the work for Specification 07620 – Sheet Metal and Trim, as specified for this metal re-roofing project. Regulated Industries Complaints Office

Requests a determination on whether contractors are required to include a contractor’s license number on clothing items.

The Board reviewed HRS section 444-9.2 and HAR section 16-77-83, pertaining to advertising. Recommendation: Contractors are not required to include a contractor’s license number on clothing items.


Better Business Bureau

Requests a determination whether Pacific Style Design LLC requires a contractor’s license to provide home design and construction management services.

Recommendation: Based on the information provided, Pacific Style Design LLC is required to have a contractor’s license pursuant to HAR section 16-77-4(c). In addition, if any of the other activities advertised on their website fall within the definition of “contractor” under HRS section 444-1, a contractor’s license is also required.

Clay Chapman Iwamura Pulice & Nervell

Requests the wording of the regulation which defines which kind of license is needed for: (1) excavating and grading of new roads; (2) chip sealing; (3) filling of potholes; and (4) digging with construction equipment of drainage areas to enable rain runoff; and (5) whether there is a State law that deals with these definitions.

Recommendation: 1. An “A” General engineering or C-17 Excavating, grading, and trenching

contractor’s license is required. 2. An “A” General engineering, C-3 Asphalt paving and surfacing, or C-3a

Asphalt concrete patching, sealing, and striping contractor’s license is required.

3. An “A” General engineering, C-3 Asphalt paving and surfacing, or C-3a Asphalt concrete patching, sealing, and striping contractor’s license is required.

4. An “A” General engineering or C-17 Excavating, grading, and trenching contractor’s license is required.

5. Yes. Please refer to Hawaii Revised Statutes sections 444-7 and 444-8;

and Hawaii Administrative Rules sections 16-77-28 and 16-77-32.

Gravitec Systems, Inc.

Requests a determination on the contractor’s classification that is required for a “fall protection design and installation company”.

Recommendation: A C-48 Structural steel contractor’s license is required to install the fall protections system on a steel structure; a “B” General building, C-31 Masonry, or C-31a Cement concrete contractor’s license is required to install the fall protections system on a concrete structure; and a “B” General building or C-6 Carpentry framing contractor’s license is required to install the


fall protections system on a wood structure. It was moved by Mr. Kagawa, seconded by Mr. Isemoto, and unanimously carried to approve the above scope recommendations.

Committee Reports: 2. Legislation Committee: Peter H.M. Lee, Chairperson

Mr. Lee presented the Legislation Committee Report. A summary was distributed to the Board for their review and comment.

Shannon Alivado, General Contractors Association was present to discuss H.B. No. 996 and S.B. No. 1102; H.B. No. 573; and S.B. No. 1068. Ms. Alivado requested that the Board oppose H.B. No. 996 and S.B. No. 1102 which proposes to require the Board to adopt rules to define “incidental and supplemental to the performance of work” to be no more than 25% of all work in any craft or trade, other than any craft or trade for which the specialty contractor is licensed, to be performed under a single contract. GCA believes that this measure is unnecessary because the Board is currently going through the rule making process to address this issue based on the Board’s Final Order Upon Remand which was upheld by the court. Ms. Alivado provided GCA’s testimony on H.B. No. 573 for the Board to review. GCA is proposing amendments to incorporate language that is similar to the Washington State code. GCA’s proposed H.D. 1 gives the general contractor bidding on projects over $1M, an unspecified amount of hours after the bid submittal to provide the names of the subcontractors for plumbing, electrical, elevator, boilermaker or asbestos related work. GCA believes that its proposed amendment will reduce delays due to bid protests and reduce the number of projects being awarded to non-low bidders. Currently, the amount of hours that a general contractor will be allowed before submitting the subcontractor list has not been determined. The Board noted that S.B. No. 1070, S.D. 1 allows the general contractor two hours after bid submittal to submit the names of the subcontractors. The Board also stated that it has concerns that H.B. No. 573 and S.B. 1070, S.D. 1 includes provisions to allow substitution of a listed subcontractor due to the inability of the listed subcontractor to perform the requirements of the proposed contract or project because it implies that a subcontractor without the appropriate license classification may bid on a construction project. This conflicts with the Board’s current law which prohibits unlicensed contracting. Ms. Alivado clarified that the two hours are to allow general contractors to check their subcontractor’s license status and while it allows the substitution of a subcontractor, the general contractor is not permitted to change the bid price. Regarding S.B. No. 1068, GCA supports this measure and the Board has submitted comments stating its concerns that it permits unlicensed individual to bid. Ms. Alivado pointed out that this amendment will only be applicable to listed subcontractors on State projects and is limited to lapse in workers


compensation and liability insurance; failure to pay renewal fees; and loss of RME due to dissociation or death. It would allow the procurement officer to consider the bid as valid as long as the subcontractor’s license is valid at the time of award. It also permits RICO to enforce the Board’s laws and rules. Because of problems with subcontractor listing, the Department of Transportation is creating its own preparation standards for procurement. Additionally, the federal government prohibits not considering an unlicensed bidder if they are licensed at the time of award. The Board is aware that the Senate Committees on Commerce, Consumer Protection and Health (“CPH”) and Government Operations (“GVO”) requested that the parties work on proposed language for S.B. No. 1068. Ms. Alivado read GCA’s proposed language to amend section 103D-302(g) as follows:

“Provided that the procurement officer shall not invalidate a bidder submitting an otherwise responsive bid under subsection (b) herein if a listed subcontractor is appropriately licensed at the time of award, provided that the subcontractor was previously licensed prior to bid opening, and has reinstated it license to a continuous current and active status prior to award from the time of bid to the time of award. This, however is not intended to preclude or curtain either enforcement of unlicensed activity or enforcement of laws and rules relating to licensed contractors.” Mr. Matsuzaki stated that a contractor must be licensed at bid opening and at time of award, and the issue of reinstating a license is only limited to workers’ compensation and liability insurance. Further, there is no time limit on the amount of time an individual could have been previously licensed. It could mean that the individual was licensed twenty years ago and would be allowed to bid. DAG Tam stated that the only situation in which a contractor’s license is retroactively restored is when there is a lapse in insurance or bond coverage, and the licensee provides proof of continuous insurance or bond coverage. For example, if a licensee fails to renew its license by the expiration date of the license and submits a restoration application within the permitted time, there will be a break in the licensee’s license from the expiration date until the license is restored. Ms. Alivado stated that GCA believes that an entity that has lost its RME may continue to operate, including bidding on projects, in accordance with the contractor’s law. Lance Inouye, representing GCA, cited section HRS section 444-21 which states that no co-partnership, joint venture, or corporation shall be deemed to have violated any provision of this chapter by acting or assuming to act as a contractor after the death or dissociation of a licensee who had the direct management of the contracting business thereof prior to final disposition by the contractors license board of an application for a license made within thirty days from the date of the death or dissociation.


DAG Tam stated that it has been the Board’s longstanding position that contracting entities may continue to finish work that they already entered into contracts on, but may not bid on or enter into any new contracts until a new RME is appointed. HAR section 16-77-64 clarifies that a contracting entity may only continue to operate on existing projects that were contracted before the loss of the RME. Mr. Inouye stated that in the Nan Inc. bid protest, Hensel Phelps used a subcontractor that was licensed at bid, and was not the lowest bidder. Nan Inc. used a subcontractor with a forfeited license (due to insurance) at bid, and was the lowest bidder. In this bid protest case, the Hearings Officer determined that Nan Inc. was the lowest bidder because its subcontractor updated its license by providing proof of continuous insurance coverage to DCCA before the contract was awarded. Mr. Inouye also cited the bid protest case where Anslado bid when it was not licensed and its bid was not thrown out. Mr. Lee clarified that in this case, the bid specifications for this federally funded project stated that the bidder was not required to be licensed until the time of the award. While Ansaldo was not in violation of the procurement law, it was in violation of the Board’s laws and was fined by RICO. Mr. Inouye stated that GCA’s position is that a contractor must be licensed at time of award. Arnold Wong, representing the Ironworkers Local Union 625 Stabilization Fund (“Ironworkers”) was present to discuss H.B. No. 1415 and S.B. No. 1280, H.C.R. No. 29 and S.C.R. No. 6. Mr. Wong stated that the Ironworkers request the Board’s support on H.B. No. 1415 and S.B. No. 1280 S.D. 1. The impetus of this bill is that there was a project where the prime contractor and its bonding company were related entities. The Insurance Division considers this contractor as “self-insured”. When the prime contractor was relieved of its duties, the bond was also cancelled. The subcontractors that performed work did not get paid by the prime contractor. This bill will ensure that the subcontractors get paid for the work that they performed. Mr. Wong stated that the Ironworkers are working the DCCA Insurance Division and captive insurance companies on proposed language. Mr. Wong stated that the Ironworkers request the Board’s support on H.C.R. No. 29 and S.C.R. No. 6. Mr. Wong stated that some bids require a C-68 Classified specialist contractor’s license and some C-68 classifications do not have descriptions. The resolutions are asking that the Board create descriptions for all C-68 classifications.

Recess: Chairperson Polischeck called for a short recess at 10:27 a.m. The meeting was reconvened at 10:36 a.m.


Executive Session: At 10:37 a.m., it was moved by Mr. Lee, seconded by Mr. Isemoto, and

unanimously carried to enter into executive session pursuant to HRS section 92-5(a)(4) to consult with Rodney J. Tam, deputy attorney general, on questions and issues pertaining to the Board’s powers, duties, privileges, immunities, and liabilities.

At 11:38 a.m., it was moved by Mr. Lee, seconded by Mr. Isemoto, and unanimously carried to move out of executive session and to reconvene to the Board’s regular order of business. H.B. No. 204 and H.B. No. 770/ S.B. No. 685 – This bill proposes to raise the number of Board members from thirteen (13) to (15); change the qualifications of each Board member by reducing the licensee members from ten (10) to eight (8), and increasing the public members from three (3) to seven (7); imposes a five year residency requirement; restricts the specialty contractor Board members from holding a general contractor’s license; prohibits public members from being a “relative” of a contractor Board member; add language that board members shall not receive compensation; removes a board member for a violation of HRS section 444-17 (H.B. No. 204) or removed for revocation or suspension pursuant to HRS section 444-17 (H.B. No. 770/ S.B. No. 685), and defines various contractor license classifications.

On January 31, 2017, the House Committee on Consumer Protection and Commerce (“CPC”) held a hearing on H.B. No. 204 and deferred this measure.

The Board testified offering comments that in past the Board’s position has been in strong opposition to similar measures that proposed to change the composition of the Board because the current composition is balanced and has worked well for many years as industry, business and consumer interests are all represented; prohibiting specialty contractors from holding a general contractor’s license is unreasonable and unnecessary; prohibiting a relative of a contractor from serving as a public member is unwarranted in light of the conflict of interest provisions of the State’s Ethics Code; provisions regarding members not receiving compensation and definitions of contractor license classifications are addressed in HRS sections 436B-5 and HRS chapter 444. In addition, these bills propose to remove a board member for a violation of, or license revocation or suspension pursuant to HRS section 444-17. The Board believes that the proposed language should reflect that removal from the Board should only occur when a license is revoked or suspended after a hearing in accordance with HRS chapter 91 to ensure that the Board member is afforded his or her due process rights.

H.B. No. 770 has a double committee referral: House Committee on Intrastate Commerce (“IAC”) and CPC.

S.B. No. 685 has a single committee referral: CPH


Recommendation: Oppose these bill for the reasons stated above.

H.B. No. 295, H.D. 1/ S.B. No. 471 – This bill requires General building contractors that build new one- and two-family dwellings to provide buyers with written information on the benefits of a residential fire sprinkler system; requires General building contractors to provide buyers with a written cost estimate on the costs associated with installing and maintaining the sprinkler system; and establishes violations for willful violation of the law.

On February 7, 2017, the House Committee on Housing (“HSG”) held a hearing on H.B. No. 295. The Board testified offering comments that in past the Board opposed similar measures because the general contractor should not be responsible for providing a written cost estimate for the purchaser to decide whether or not they want to install a fire sprinkler system at the final pricing for construction stage.

HSG passed the bill with and effective date that is to be determined to continue discussion among the interested parties (H.B. No. 295, H.D. 1). HSG also requests that the CPC consider the DCCA’s comments that the State Fire Council develops the standard form for the buyer’s acceptance or denial since it is the agency that has the expertise in this area. The Board believes that it should not be the advocate for the benefits of installing fire sprinkler systems. Also the purchaser should be provided with this information at the architect drawing stage of the project.

H.B. No. 295 has a triple committee referral: HSG, CPC, and House Committee on Finance (“FIN”).

S.B. No. 471 has a double committee referral: CPH and Senate Committee on Ways and Means (“WAM”). Recommendation: Oppose these bill for the reasons stated above.

H.B. No. 976, H.D. 1/ S.B. No. 865 – This bill requires any person applying for a license as an electrical contractor, pole and line contractor, high voltage electrical contractor, or electronic systems contractor to possess a trade license (EJ, EJS) or an electrical engineering degree from an accredited college to qualify for a C-13 Electrical contractor’s license; and exempts employees of public utilities from meeting this new requirement for licensure.

On January 31, 2017, the House Committee on Labor & Public Employment (“LAB”) held a hearing on H.B. No. 976. The Board testified offering comments that in past the Board has opposed similar measures because the requirement is unnecessary as the current license requirement is sufficient and the exemption for public utility employees is unclear because public utilities are exempt from licensure. However, if the public utility decides to also act as a contractor, it would be required to obtain a license.


The LAB passed this bill with the deletion of the provision to exempt public utility employees and an effective date of July 1, 2050 (H.B. No. 976, H.D. 1). The Board stated that it is unclear why this bill exempts employees of community antennae companies.

H.B. No. 865 has a single committee referral: CPH. Recommendation: Oppose these bill for the reasons stated above. H.B. No. 964 – This bill mandates the Contractors License Board to require all specialty and general contractors to put up surety bonds in the minimum amount of $5,000.00; requires surety; prohibits the surety company’s leadership from having any members in common with the specialty and general contractor leadership; gives the subcontractors a right of action on the bond in their own name; and requires a contractor to pay its subcontractors within ten days after receipt of the subcontractors invoice whether or not the payment was received by the owner.

Section 2 of this bill requires the general contractor to pay its subcontractors within ten days after receipt of an invoice from the subcontractor. In 2015, the Board opposed a similar bill, H.B. No. 1232, which required a contractor to pay a subcontractor within ten days of receipt of an invoice regardless of whether payment was received from the owner; and increased the interest rate on unpaid amounts to 1.5 percent per month. The Board opposed this bill because the current language in HRS section 444-25 is in line with the regulations for payment to subcontractors on public works projects.

H.B. No. 964 has a double committee referral: IAC and CPC. The Board noted that proposed amendments in section 1of this bill addresses a procurement issue and amendments should not be made in the contractor’s law to address this procurement matter. Recommendation: Oppose these bill for the reasons stated above. S.B. No. 1144 – This bill proposes to amend the definition of RME as an individual who directs and supervises installations.

HAR section 16-77-3 states, “"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.” Additionally, subchapter 11 of HAR chapter 77, Ownership and Management of License, details the responsibilities of the RME. HAR Sections 16-77-70 and 16-77-71 address the responsibilities of a RME.

S.B. No. 1144 has a single committee referral: CPH.


The Board stated that its HAR sets forth the responsibilities of the RME. This bill narrows the current responsibilities of an RME to directing and supervising installations. Recommendation: Oppose this bill for the reasons stated above. H.B. No. 996/ S.B. No. 1102 – This bill requires the Board to adopt rules to define “incidental and supplemental to the performance of work” to be no more than 25% of all work in any craft or trade, other than any craft or trade for which the specialty contractor is licensed, to be performed under a single contract.

H.B. No. 996 has a double committee referral: IAC and CPC. S.B. No. 1102 has a single committee referral: CPH.

Recommendation: Strongly oppose this bill as the Board’s interpretation of “incidental and supplemental” work in its October 2013 Board’s Final Order (“BFO”) has been upheld by the Circuit Court and Intermediate Court of Appeals and the Board is currently in the process of amending its administrative rules to reflect the BFO’s interpretation of “incidental and supplemental”. H.B. No. 378/ S.B. No. 1130 – This bill requires an investigator to issue a citation to any person acting in the capacity of or engaging in the business of a contractor within the State without having a required license.

On February 9, 2017, the LAB held a hearing on H.B. No. 378 and decided to defer this measure.

The Board submitted testimony that it does not have an official position because the Board has not met to discuss it. RICO submitted testimony in opposition because it would limit the ability of a RICO investigator to conduct further investigation before issuing a citation, resulting in minimum $2,500.00 fines being assessed in virtually every case. In addition to limiting fine amounts, RICO believes the bill would prohibit RICO from pursuing civil actions in any case in which a RICO investigator visits a project and determines an individual to be acting in the capacity of or engaging in the business of a contractor without a license. Such a limitation would prevent RICO from pursuing important civil remedies including court-ordered injunctions and enhanced fines.

S.B. No. 1130 has a single committee referral: CPH Recommendation: Oppose these bills in support of RICO’s enforcement efforts.

H.B. No. 573/ S.B. No. 1070 - This bill proposes to prohibit the prime contractor from substituting a listed subcontractor; and allows substitution of a listed subcontractor by the prime contractor for reasons which include: the inability of the listed subcontractor to perform the requirements of the proposed contract or the project; and the inability of the listed subcontractor to obtain the necessary license, bonding, insurance, or other statutory requirements to perform the work detailed in the contract.


On February 2, 2017, the LAB and House Committee on Economic Development & Business (“EDB”) held a joint hearing on H.B. No. 573. The Board provided the following comments since it has not discussed this measure: (1) Allowing the substitution of a listed subcontractor for the inability to perform

the requirements of the project implies that a subcontractor without the appropriate license classification may bid on a construction project. This is in conflict with Hawaii Revised Statutes section 444-23 which prohibits a contractor from contracting outside the appropriate scope of classification for which the contractor is licensed.

(2) Allowing the substitution of a listed subcontractor for the inability of the listed subcontractor to obtain the necessary license, bonding, insurance, or other statutory requirements to perform the work detailed in the contract indicates that this proposed amendment allows unlicensed individuals to bid on a construction project. The Board believes that this conflicts with the requirements of HRS chapter 444 and the Board's longstanding interpretation that a person must be licensed as a contractor at the time of submitting a proposal or bid on a construction project.

Both the LAB and EDB passed this measure with amendments – to incorporate comments submitted by GCA and LECET. H.B. No. 573, H.D. 1 is not yet available.

H.B. No. 573 has a triple committee referral: LAB/EDB and FIN.

On February 2, 2017, the Senate Committee on Government Operations (“GVO”) held a hearing on S.B. No. 1070 and passed this bill with the following amendments: (1) Inserting a provision allowing bidders two hours after bid closing to clarify

and correct subcontractor information; (2) Providing that bids for construction shall be opened no sooner than two

hours after bid closing; (3) Removing the burden on prime contractors and substituted contractors to

prove bid shopping or bid peddling did not occur; (4) Clarifying that a substituted contractor shall not be entitled to damage from

the government entity that issued the invitation for bids; (5) Clarifying and limiting the reasons that a substitution of a listed

subcontractor may be allowed; (6) Inserting an effective date of July 1, 2050, to encourage further discussion;

and (7) Making technical, non-substantive amendments for the purposes of clarity

and consistency.

The Board submitted the H.B. No. 573 testimony above for S.B. No. 1070.

S.B. No. 1070 has a double committee referral: GVO and Senate Committee on Judiciary and Labor (“JDL”).


Recommendation: No position on this bill and submit comments as stated above.

H.B. No. 826/ S.B. No. 1068 – This bill proposes to authorize procurement officers to consider a subcontractor’s license as valid if the subcontractor was licensed to perform the scope of work indicated at the time of the award.

On February 2, 2017, the LAB held a hearing on H.B. No. 826 and deferred this measure.

The Board submitted comments that in past the Board expressed concerns on similar measures because a contractor's license is required when a person submits a bid on a construction project to another person, entity, or government agency and the prime, general, or other specialty contractor that uses that unlicensed person's bid may also be subject to disciplinary action. The Board also requested that this bill include language that clearly indicates that the Board and the Regulated Industries Complaints Office still retain disciplinary jurisdiction over the subcontractors and general contractors involved in the bid.

On February 10, 2017, the GVO and CPH held a joint hearing on S.B. No. 1068 and deferred this measure.

The Board submitted the H.B. No. 826 testimony above for S.B. 1068.

S.B. No. 1068 had a double committee referral: GVO and CPH. In the interest of the Committee Chairpersons’ request for the parties to work on proposed language, the Board supports an amendment that is limited to license forfeiture due to loss of insurance and/or bond at the time of bid if the subcontractor restores its license in accordance with HRS chapter 444-11.1 prior to award and that the procurement officer will report any unlicensed activity to the Board. Recommendation: No position on this bill and support amended proposed language that will allow a subcontractor whose license is forfeited for failure to provide proof of continuous insurance and/or bond coverage at the time of bid to restore its license prior to the award; and require the procurement officer to report any unlicensed activity.

H.B. No. 1180 H.D. 1 – This bill proposes to amend the definition of “contractor” in HRS section 103D-104 to include subcontractors; and applies the same sanctions for contractor unethical conduct to subcontractors.

On February 2, 2017, the LAB held a hearing on H.B. No. 1180 and passed this bill with the following amendments:

(1) Changing its effective date to July 1, 2050, to facilitate further discussion; and


(2) Making technical non-substantive amendments for clarity, consistency, and style.

The Board did not submit testimony on this bill.

H.B. No. 1180, H.D. 1 has a double committee referral: LAB and CPC. Recommendation: No position on this bill.

H.B. No. 1228 - Provides a bidder of a public works construction project with two working days after the closing of bids to provide the name of each joint contractor or subcontractor and the nature and scope of the work to be performed by each. Allows the bidder to replace a subcontractor that is not in compliance with these requirements; provided that the price of the total bid remains the same.

On February 2, 2017, the LAB held a hearing on H.B. No. 1228 and decided to defer this measure.

The Board did not submit testimony on this bill. H.B. No. 1228 has a double committee referral: LAB and FIN. Recommendation: No position on this bill.

H.B. No. 1229 H.D. 1 - Requires public procurement construction bids to list subcontractors and joint contractors only for contracts with an unspecified total value; provided that bids lacking this list may be accepted if in the State's best interest.

On February 2, 2017, the LAB held a hearing on H.B. No. 1229 and passed this bill with the following amendments: (1) Leaving unspecified, the total estimated contract value amount that

would trigger the requirement to list subcontractors and joint contractors in a bid; and

(2) Changing the effective date to July 1, 2050, to encourage further discussion.


H.B. No. 1229, H.D. 1 has a double committee referral: LAB and FIN Recommendation: No position on this bill.

H.B. No. 1415, H.D. 1/ S.B. No. 1280 - Establishes additional performance bond requirements for surety companies and bond companies under the Hawaii Procurement Code.


On February 2, 2017, the LAB held a hearing on H.B. No. 1415 and passed this bill with the following amendments: (1) Deleting the requirement that all surety companies and bond companies

involved with a project be United States Treasury listed bond companies; and

(2) Changing its effective date to July 1, 2050, to facilitate further discussion.


On February 2, 2017, the GVO held a hearing on S.B. No. 1280 and passed this bill with the following amendments: (1) Removing language that inadvertently changed the purpose of performance

bonds;

(2) Clarifying that the new bond requirements apply to performance bonds and payment bonds;

(3) Inserting an effective date of July 1, 2050, to encourage further discussion; and

(4) Making technical, non-substantive amendments for the purposes of clarity and consistency.

The Board did not submit testimony on this bill. H.B. No. 1415, H.D. 1 has a double committee referral: LAB and FIN.

S.B. No. 1280, S.D. 1 has a double committee referral: GVO and CPH.

Recommendation: No position on this bill. S.B. No. 1067 - Provides a bidder of a public works construction project with two working days after the closing of bids to provide the name of each joint contractor or subcontractor and the nature and scope of the work to be performed by each joint contractor or subcontractor.

On February 2, 2017, the GVO held a hearing on S.B. No. 1067 and decided to defer this measure.


S.B. No. 1067 has a double committee referral: GOV and WAM. Recommendation: No position on this bill.

S.B. No. 1069 - Requires public procurement construction bids to list subcontractors and joint contractors only for contracts of $1,000,000.00 or


more; provided that bids lacking this list may be accepted if in the State's best interest and subcontractor and joint contractor work is 5 percent or less of the total bid amount.

On February 2, 2017, the GVO held a hearing on S.B. No. 1067 and passed this bill with the following amendments: (1) Removing the $1,000,000 contract value threshold and inserting a blank

amount for situations when public works construction bids must list joint contractors and subcontractors;

(2) Removing the five percent threshold and inserting a blank percent for situations when the total bid value that the joint contractor or subcontractor work must be less than for the bid to be acceptable without listing joint contractors and subcontractors;

(3) Inserting an effective date of July 1, 2050, to encourage further discussion; and

(4) Making technical, non-substantive amendments for the purposes of clarity and consistency.


S.B. No. 1069 has a double committee referral: GOV and WAM Recommendation: No position on this bill.

H.C.R. No. 29 - Requests the Board to review all C-68 classified specialist classification definitions per the HRS to provide the opportunity for public review and input.

H.C.R. No. 29 has a double committee referral: LAB and FIN

Recommendation: Oppose this resolution because the Board is already in the rule making process to address the concerns specified in the Resolution. S.C.R. No. 6 - Urging the Contractors License Board to Reclassify or Eliminate the Interim Specialty License.

S.C.R. No. 6 has a single committee referral: CPH

Recommendation: Oppose this resolution because the Board is already in the rule making process to address the concerns specified in the Resolution.

After discussion, it was moved by Mr. Konishi, seconded by Mr. Isemoto, and unanimously carried to approve the above legislation committee recommendations.


Appearances Before the Board: a. Elmer Augustin, RME C L K Mechanical LLC

C-52 Ventilating and air conditioning

Executive Session: At 11:48 a.m., it was moved by Mr. Konishi, seconded by Mr. Lee, and

unanimously carried to enter into executive session pursuant to HRS section 92-5(a)(1) to consider and evaluate personal information relating to individuals applying for professional or vocational licenses cited in HRS section 26-9, and to consult with Rodney J. Tam, deputy attorney general, on questions and issues pertaining to the Board’s powers, duties, privileges, immunities, and liabilities pursuant to HRS section 92-5(a)(4).

At 11:54 a.m., it was moved by Mr. Konishi, seconded by Mr. Lee, and unanimously carried to move out of executive session and to reconvene to the Board’s regular order of business.

It was moved by Mr. Lee, seconded by Mr. Leong, and unanimously carried to approve Mr. Agustin’s application for licensure in the C-52 Ventilating and air conditioning classification. b. Vincent-Paul L. Alama, RME Alama Construction LLC “B” General Building C-12 Drywall

Executive Session: At 11:55 a.m., it was moved by Mr. Konishi, seconded by Mr. Lee, and


At 12:02 p.m., it was moved by Mr. Matsuzaki, seconded by Mr. Isemoto, and unanimously carried to move out of executive session and to reconvene to the Board’s regular order of business.

It was moved by Mr. Matsuzaki, seconded by Mr. Isemoto, and unanimously

carried to approve Mr. Alama’s application for licensure in the “B” General building and C-12 Drywall classifications.

c. Mark A. Acidera, RME Marx Insulation Inc.

C-2 Mechanical insulation Mr. Acidera was not present.


d. Keith K. Kishi, RME A G T LLC C-22a Glass tinting

Executive Session: At 12:03 p.m., it was moved by Mr. Lee, seconded by Mr. Kagawa, and


At 12:22 p.m., it was moved by Mr. Konishi, seconded by Mr. Matsuzaki, and unanimously carried to move out of executive session and to reconvene to the Board’s regular order of business.

It was moved by Mr. Konishi, seconded by Mr. Lee, and unanimously carried to

defer Mr. Kishi’s application for licensure in the C-22a Glass tinting classification pending the submittal of verification of the status of his financial matters.

e. Miao Kuan Huang, RME Speedy Construction Inc. “B” General Building Executive Session: At 12:24 p.m., it was moved by Mr. Konishi, seconded by Mr. Kagawa, and


At 12:30 p.m., it was moved by Mr. Lee, seconded by Mr. Matsuzaki, and unanimously carried to move out of executive session and to reconvene to the Board’s regular order of business.

It was moved by Mr. Lee, seconded by Mr. Isemoto, and unanimously carried to

defer Mr. Huang’s application for licensure in the “B” General building classification pending the submittal of a revised project list verifying four years of “ground-up” supervisory work experience performed by his own crews versus those subbed to other licensed contractors; and to state the actual amount of time he spent on-site supervising.

f. Ace Construction LLC William W. Kekauoha, Jr., RME “A” General Engineering C-31a Cement concrete (withdraw) C-37a Sewer and drain (withdraw)


Executive Session: At 12:31 p.m., it was moved by Mr. Lee, seconded by Mr. Isemoto, and


At 12:38 p.m., it was moved by Mr. Lee, seconded by Mr. Mochida, and unanimously carried to move out of executive session and to reconvene to the Board’s regular order of business.

It was moved by Mr. Isemoto, seconded by Mr. Konishi, and unanimously

carried to defer Mr. Kekauoha’s application for licensure in the “B” General building classification pending the submittal of a revised project list verifying four years of the broad “A” scope of supervisory experience.

g. Melvyn Gear, RME Hawaiian Solar Dog LLC

C-60 Solar power systems C-61 Solar energy systems

Executive Session: At 12:42 p.m., it was moved by Mr. Lee, seconded by Mr. Konishi, and



It was moved by Mr. Kagawa, seconded by Mr. Matsuzaki, and unanimously

carried to defer Mr. Gear’s application for licensure in the C-60 Solar power systems and C-61 Solar energy systems classifications pending the submittal of a copy of his VISA, revised project list for the C-60 verifying four years of supervisory experience performed in-house, with his own crew, directing the means and methods, indicate the work or trades that were subcontracted to other contractors; and an experience certificate from a licensed contractor.

h. Anthony J. Cardinale, RME Cardinale Cabinet Coatings LLC C-33 Painting and decorating Executive Session: At 1:29 p.m., it was moved by Mr. Lee, seconded by Mr. Kagawa, and

unanimously carried to enter into executive session pursuant to HRS section 92-5(a)(1) to consider and evaluate personal information relating to individuals


applying for professional or vocational licenses cited in HRS section 26-9, and to consult with Rodney J. Tam, deputy attorney general, on questions and issues pertaining to the Board’s powers, duties, privileges, immunities, and liabilities pursuant to HRS section 92-5(a)(4).

At 1:59 p.m., it was moved by Mr. Lee, seconded by Mr. Kagawa, and unanimously carried to move out of executive session and to reconvene to the Board’s regular order of business.

After discussion, the Board determined that the cabinet refinishing work

described by Mr. Cardinale would require a C-33c Surface treatment contractor’s license. Mr. Cardinale requested to withdraw his application for the C-33 Painting and decorating classification, and wanted to instead apply for the C-33c Surface treatment classification.

It was moved by Mr. Kagawa, seconded by Mr. Matsuoka, and unanimously carried to accept Mr. Cardinale’s withdrawal of the C-33 Painting and decorating classification and request to apply for the C-33c Surface treatment classification; and to defer Mr. Cardinale’s application for licensure in the C-33c Surface treatment classification pending the submittal of a revised project list in the Board’s format verifying four years of experience supervising the means and methods.

j. John Kim (Individual) “B” General Building Executive Session: At 2:01 p.m., it was moved by Mr. Kagawa, seconded by Mr. Matsuoka, and


At 2:10 p.m., it was moved by Mr. Mochida, seconded by Mr. Kagawa, and unanimously carried to move out of executive session and to reconvene to the Board’s regular order of business.

It was moved by Mr. Mochida, seconded by Mr. Kagawa, and unanimously

carried to defer Mr. Kim’s application for licensure in the “B” General building classification pending the submittal of a revised project list indicating the trades that were performed in-house with his own crews and the trades that were subbed to other licensed contractors.

k. Rossario C. Bunao, RME RCB Painting LLC C-33 Painting and decorating


Executive Session: At 2:15 p.m., it was moved by Mr. Lee, seconded by Mr. Kagawa, and



It was moved by Mr. Kagawa, seconded by Mr. Lee, and unanimously carried to

approve Mr. Bunao’s application for licensure in the C-33 Painting and decorating classification.

l. Daniel L. Snyder (Individual) “B” General Building Executive Session: At 2:18 p.m., it was moved by Mr. Konishi, seconded by Mr. Lee, and



It was moved by Mr. Leong, seconded by Mr. Mochida, and unanimously

carried to approve Mr. Snyder’s application for licensure in the “B” General building classification pending the submittal of a copy of his business degree.

The agenda was taken out of order and continued with “Committee Reports,

Examination Committee”. Committee Reports: 7. Conditional License Report: Charlene L.K. Tamanaha, Executive Officer

a. Brian K. Kashima (Individual) C-27 Landscaping Executive Session: At 2:30 p.m., it was moved by Mr. Kagawa, seconded by Mr. Lee, and

unanimously carried to enter into executive session pursuant to HRS section 92-5(a)(1) to consider and evaluate personal information relating to individuals


applying for professional or vocational licenses cited in HRS section 26-9, and to consult with Rodney J. Tam, deputy attorney general, on questions and issues pertaining to the Board’s powers, duties, privileges, immunities, and liabilities pursuant to HRS section 92-5(a)(4).


It was moved by Mr. Lee, seconded by Mr. Leong, and unanimously carried to

approve Mr. Kashima for a conditional license, subject to the verification of a financial matter and semi-annual updates on the status of his financial matters.

Executive Session: At 2:46 p.m., it was moved by Mr. Kagawa, seconded by Mr. Lee, and



b. JGA Builders LLC Angelito P. Agsalud, RME “B” General Building

After discussion, it was moved by Mr. Lee, seconded by Mr. Leong, and unanimously carried to approve Mr. Agsalud for a conditional license, subject to the submittal of verification of a financial matter and semi-annual updates on the status of his financial matters.

d. Cenon R. Polintan (Individual) “B” General Building

After discussion, it was moved by Mr. Lee, seconded by Mr. Leong, and unanimously carried to defer Mr. Polintan’s application for licensure in the “B” General building classification to request his appearance to discuss the terms of his conditional license agreement. 3. Examination Committee:

Aldon Mochida, Chairperson The Contractors Examination Summaries for January 2017 was distributed to the Board for their information.


4. Recovery/Education Fund Committee:

The Recovery Fund Litigation Report for January 20, 2017 to February 17, 2017 prepared by Ronald Michioka, Esq., the Board’s Recovery Fund attorney, was distributed to the Board for their information.

5. Rules Committee: Tyrus Kagawa, Chairperson None. 6. Investigation Committee: Kent Matsuzaki, Chairperson None.

8. Applications Committee: Tyrus Kagawa, Chairperson

It was moved by Mr. Lee, seconded by Mr. Kagawa, and unanimously carried to approve the license applications in the following categories as attached to the meeting minutes.

a. Request for Change in Business Status b. Request for Waiver of Bond Requirement c. Applications for Licensure

Applications Committee Report:

Charlene L.K. Tamanaha, Executive Officer d. Evangelos G. Skoubis (Individual) C-52 Ventilating & air conditioning

After discussion, it was moved by Mr. Lee, seconded by Mr. Kagawa, and unanimously carried to reaffirm the approval of Mr. Skoubis’ application for licensure in the C-52 Ventilating & air conditioning classification.

e. Kenneth Hatfield, RME

Wholesale Commercial Interiors, Inc. “B” General Building

After discussion, it was moved by Mr. Lee, seconded by Mr. Kagawa, and unanimously carried to affirm its August 18, 2016 decision to approve Mr. Hatfield and Wholesale Commercial Interiors, Inc’s (“applicant’s”) application for licensure in the C-5 Cabinet, millwork, and carpentry remodeling


and repairs classification, and deny the applicants for the “B” General building classification for lack of experience.

f. Kyle E. Dong, RMEMitsubishi Electric Inc.C-16 Elevator

After discussion, it was moved by Mr. Lee, seconded by Mr. Kagawa, and unanimously carried to approve Mr. Dong’s application for licensure in the C-16 Elevator classification.

Owner-Builder Exemption Applications

a. Kurt Richard Backusb. Micheleangela Florentina Brilliance Trustc. Jean M. Fernandezd. Phillip & Jennifer Meyere. Ors Penzes & Ildiko Szelyesf. Douglas & Rosa Adriance

After discussion, it was moved by Mr. Lee, seconded by Mr. Kagawa, and unanimously carried and to approve the owner-builder exemption applications for a., b., and d. above; and to defer the owner-builder exemption applications for c., e., and f. above pending the submittal of documentation to support their unforeseen hardship request.

Public Comment: None.

Next Meeting: Friday, March 17, 2017

Adjournment: There being no further business to discuss, the meeting was adjourned at 3:05 p.m.

Reviewed and approved by: Taken and recorded by:

/s/ Candace Ito /s/ Faith Nishimura Candace Ito Faith Nishimura Executive Officer Secretary

3/16/17

[X] Minutes approved as is.[ ] Minutes approved with changes. See minutes of .

CONTRACTORS LICENSE BOARD Professional & Vocational Licensing Division

Department of Commerce & Consumer Affairs State of Hawaii

February 17, 2017

APPLICATIONS COMMITTEE ATTACHMENT

New 1. Request for Change in Business Status:Business:

SC-1 Jody C. Boeringa, RME Fuller Glass Company Inc. Licensed: C-22 Glazing & tintingRequest: Dual status (Kula Glass Company Inc.) Recommend: Approval

SC-2 Bulusan Construction & Excavation LLC Marvin F. Bulusan, RME Licensed: “B” General Building

C-17 Excavating, grading, & trenchingRequest: Reactivate Recommend: Deferral

SC-3 Enterprise Roofing LLC Oliver R. Aglugub, RME Licensed: “B” General Building

C-42 RoofingC-55 Waterproofing

Request: Dual status (Green Pacific Construction HI LLC) Recommend: Deferral

SC-4 John Allen Hines (Individual) Licensed: “B” General Building

C-33 Painting & decoratingRequest: Reactivate Recommend: Approval

SC-5 Jennifer L. Ignacio, RME Trane U S Inc. Licensed: “A” General Engineering Request: Reactivate Recommend: Approval

SC-6 Wai Kai Residential Construction LLC Adam F. Sutton, RME Licensed: “B” General Building Request: Dual status (Haseko

Construction Lei Pauku LLC) Recommend: Approval

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SC-7 Daniel W. Walker (Individual) Licensed: “B” General Building Request: Reactivate Recommend: Approval SC-8 Ronald K.B. Yee, RME Wasa Electrical Services Inc. Licensed: C-13 Electrical C-62 Pole & line Request: Dual status (Noresco-Wasa LP) Recommend: Deferral SC-9 Earle Y.C. Young (Individual) Licensed: C-5 Cabinet, millwork, & carpentry remodeling & repairs Request: Reactivate Recommend: Deferral 2. Request for Waiver of Bond Requirement WB-1 Brian M. Wade (Individual) Licensed: C-42 Roofing Request: Waiver of $45,000 bond Recommend: Approval WB-2 World Wide Technology Inc. William M. Gibson III, RME Licensed: C-15 Electronic systems Request: Waiver of $10,000 bond Recommend: Deferral Applications Approve applications, subject to all requirements except examinations. A: 1. Patricio P. Aguda (Individual) “B” General Building C-1 Acoustical & insulation C-36 Plastering Bond: $19,000 2. Don W. Armstrong, RME Onepath Systems LLC C-15 Electronic systems 3. BEK, Inc. (Additional classification) Frederick Gregorio, RME C-33 Painting & decorating 4. Climate Pros Inc. Todd W. Ernest, RME C-40 Refrigeration C-52 Ventilating & air conditioning

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5. D A Builders Inc. David A. Alcos, III, RME C-1 Acoustical & insulation C-12 Drywall C-36 Plastering Bond: $1,400,000 6. Dependable Roofing Inc. Lance T. McCracken, RME C-42 Roofing 7. Gus’ Plumbing LLC James A. Huck, RME C-37 Plumbing 8. Hawai’i Insulation Specialists LLC Andrew E. Powell, RME C-2 Mechanical insulation C-10 Scaffolding C-19 Asbestos 9. Howard’s Wiring Service Inc. Howard M. Matushima, RME C-13 Electrical Bond: $18,000 10. Island Tile & Stone LLC John B. Rawson, RME C-21 Flooring C-51 Tile 11. JGA Builders LLC Conditional Angelito P. Agsalud, RME “B” General Building 12. JMC General Contracting LLC Jesse M. Callender, RME “B” General Building 13. Brian Kashima (Individual) Conditional C-27 Landscaping 14. Kuleana Roofing Inc. Craig T. Hoshide, RME C-42 Roofing

15. Chris Lallo Construction LLC Christopher L. Lallo, RME “B” General Building Bond: $15,000

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16. Max A.U. Manupule (Individual) “B” General Building 17. Chad P. McCowan (Individual) C-7 Carpet laying 18. Oahu Electrical Services LLC Richard A. Lowther, RME C-13 Electrical 19. Our Star Jac Inc. Chris A. Silva, RME C-5a Garage door & window shutters C-48a Steel door (withdraw) 20. Chul H. Park (Individual) C-33 Painting & decorating 21. Pohaku Nui Masonry Inc. Trenten R. Arnow, RME C-31b Stone masonry Bond: $43,000 22. Neal M. Tamashiro (Individual) C-13 Electrical 23. Wai Kai Residential Construction LLC Adam F. Sutton, RME (Dual status – Haseko “B” General Building Construction Lei Pauku LLC) Applications Approve applications; subject to all requirements including examinations in B: Parts I and II, except as otherwise noted. 1. Aikane Nursery & Landscaping LLC Brandon A. Belmarez, RME C-27 Landscaping 2. Aina Excavation & Grading Inc. (Additional classification) Joseph B. Santos, RME C-15b Telecommunications 3. Alama Construction LLC Vincent-Paul L. Alama, RME “B” General Building C-12 Drywall Bond: $23,000 4. Fletcher H. Boll (Individual) C-31 Masonry

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5. Lee Breeding, Jr. (Individual) C-5 Cabinet, millwork, & carpentry remodeling & repairs 6. Justin A.K. Cabansag, RME Ekahi Fire Protection LLC C-20 Fire protection

7. Ian Jay Caliedo, RME C & S Services Inc. C-56 Welding

C-4 Boiler, hot-water heating, hot water supply, & steam fitting (defer) C-25 Institutional & commercial equipment (defer) 8. Blaine S. Chumley (Individual) “B” General Building 9. Joshua D. Cramer (Individual) “B” General Building 10. Curb Appeal Hawaii LLC Ajit P. Anderson, RME C-42 Roofing 11. Kyle E. Dong, RME

Mitsubishi Electric US Inc. C-16 Elevator

12. Jonathan C. Fullmer (Individual) C-51 Tile 13. Ronnie V. Gamiao (Individual) C-13 Electrical 14. Dusky J. Glidewell (Individual) C-37 Plumbing 15. Goldbrecht Inc. Andreas Wille, RME C-22 Glazing & tinting 16. Ilya Golubitskiy (Individual) C-15 Electronic systems 17. Grandy Marble & Tile Inc. Richard J. Grandy, RME C-51 Tile 18. Russell W. Grant, Jr. (Individual) “B” General Building Bond: $5,000

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19. Hawaii On The Beach Inc. Jacob D. Johnson, RME “B” General Building Bond: $25,000 20. Helix Electric Inc. (Additional classification) Scott A. Massner, RME C-13 Electrical C-63 High voltage electrical 21. Hiroshi Denki AC LLC Eric J. Gallegos, RME “B” General Building Bond: $15,000 C-52 Ventilating & air conditioning (defer) 22. Gregory J. Hrncirik, RME Basland Inc. C-1 Acoustical & insulation C-12 Drywall C-36 Plastering 23. ISI Detention Contracting Group Inc. Patrick S. McCracken, RME C-25 Institutional & commercial equipment 24. JM Finish Carpentry LLC (Additional classification) James M. Murray, RME

C-42 Roofing C-19 Asbestos (approve 11/16) C-33 Painting & decorating (defer) 25. Yan Sheng Jian (Individual) “B” General Building 26. Robert B. Johnson, Jr., RME Pacific Industrial Coatings LLC C-42e Urethane foam C-55 Waterproofing C-1 Acoustical & insulation (defer) 27. Kauai Habitat for Humanity Inc. Richard D. Aitkenhead, RME “B” General Buidling

28. Stephen T. Leis, RME Dorvin D. Leis Co., Inc. C-4 Boiler, hot-water heating, hot water

supply, & steam fitting

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29. Level One Remodel LLC Cary W. Branch, RME “B” General Building Bond: $80,000 30. Ping Lin (Individual) “B” General Building 31. Tommy R. Medrano (Individual) C-12 Drywall 32. Nooter Construction Company Robert M. Grundmann, RME C-56 Welding 33. Ohana Solar LLC Colin K. Miller, RME C-61a Solar hot water systems 34. Keith M. Oshiro, RME Modern Electric, Inc. C-13 Electrical

35. Our Star Jac Inc. (Additional classification) Chris A. Silva, RME

C-5a Garage door & window shutters C-48a Steel door (withdraw)

36. Thomas C. Perez (Individual) C-14 Sign Bond: $9,000 37. Pond Constructors Inc. Timothy J. Crosby, RME “B” General Building

38. RCB Painting LLC

Rossario C. Bunao, RME C-33 Painting & decorating

39. RMC Construction & Roofing Inc. Robert Garcia, RME C-42 Roofing 40. Jade C. Rasmussen, RME Island Asphalt Maintenance Inc. C-3a Asphalt concrete patching, sealing & striping 41. Robert C. Rasmussen, RME Bellingham Marine Industries Inc. “A” General Engineering

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42. Raefer B. Reardon (Individual) “B” General Building Bond: $5,000 43. SMP Construction & Maintenance Inc. Mathew Phelps, RME C-35 Pile driving & foundation

C-31a Cement concrete (defer) C-34 Soil stabilization (defer) C-55 Waterproofing (defer) 44. Daniel L. Snyder (Individual) “B” General Building Bond: $8,000 45. Sonny’s Wall Services LLC Allen D. Takahashi, RME C-12 Drywall 46. Superior Painting LLC Noah J. Foote, RME C-33 Painting & decorating 47. Daryl K. Takamiya, RME Castle & Cooke Homes Hawaii Inc. “B” General Building 48. Haani T. Tulimaiau (Individual) C-31 Masonry 49. Malcolm Vincents Painting LLC Malcolm Vincent, RME C-33 Painting & decorating

50. Zaino Tennis Courts Inc. Richard J. Zaino, RME C-3b Play court surfacing Applications Withdraw applications; previously deferred. C:

1. Ace Construction LLC William W. Kekauoha, Jr., RME C-31a Cement concrete C-37a Sewer & drain line

“A” General Engineering (defer) C-17 Excavating, grading, & trenching (approve 1/17) C-43 Sewer, sewage disposal, drain, &

pipe laying (approve 1/17)

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2. Akua Air Conditioning LLC Calbert H. Baitlon, RME C-52 Ventilating & air conditioning Bond waiver of $24,000 bond

3. Kapili Construction LLC (Additional classification)

Michael J.U. Leong, RME C-5 Cabinet, millwork, & carpentry remodeling & repairs

4. MCO & Associates LLC Marvin C. Overson, RME “B” General Building Bond waiver of $125,000 bond

5. Our Star Jac Inc. (Additional classification) Chris A. Silva, RME C-48a Steel door

C-5a Garage door & window shutters (approve)

6. Process Cooling International Inc. Robert W. Willingham, RME C-40 Refrigeration

7. Christopher Siart, RME The Dennis Group Inc. “B” General Building Applications Deny applications; failure to show requisite experience and/or failure to D: show good reputation for honesty, truthfulness, financial integrity, and fair

dealing. 1. Above All Services LLC Henry Medeiros, RME C-33 Painting & decorating 2. Affordable Locksmith & Son LLC

Richard A. Berrios, RME C-68 Classified specialist

C-5 Cabinet, millwork, & carpentry remodeling & repairs (defer) C-15a Fire & burglar alarm (defer) C-22 Glazing (defer) C-48a Steel door (defer)

3. Ryder P. Austin-Swatek, RME (Additional classification) H Nu Solar, LLC C-13 Electrical

4. Back Country Inc. Joshua J. Henry, RME “B” General Building

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5. Great Construction LLC Wen Xu Guo, RME “B” General Building 6. Kiewit Infrastructure West Co. (Additional classification) Tristan D. Gonzales, RME C-37e Treatment & pumping facilities 7. Marx Insulation Inc. Mark A. Acidera, RME C-2 Mechanical insulation

8. Tesla Motors Inc. James J. Maggard, RME “A” General Engineering 9. Valley Isle Enterprises Ltd. Michael D. Salisbury, RME C-31 Masonry “A” General Engineering (withdraw 1/17) “B” General Building (approve subject to $59,000 bond 1/17)

Applications Defer applications; for further investigation or request for additional E: documentation.

1. A One Electric LLC Edwin Z.J. Lin, RME C-13 Electrical 2. A G T LLC Keith K. Kishi, RME C-22a Glass tinting 3. APC Kona Inc. David L. Potter, RME “B” General Building 4. Ace Construction LLC William W. Kekauoha, Jr., RME “A” General Engineering C-31a Cement concrete (withdraw) C-37a Sewer & drain line (withdraw)

C-17 Excavating, grading, & trenching (approve 1/17) C-43 Sewer, sewage disposal, drain, &

pipe laying (approve 1/17) 5. Aesthetic Stone Designs Inc. Ryan J. Wheelcok, RME C-21 Flooring C-51 Tile

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6. Affordable Locksmith & Son LLC Richard A. Berrios, RME C-5 Cabinet, millwork, & carpentry remodeling & repairs C-15a Fire & burglar alarm C-22 Glazing C-48a Steel door C-68 Classified specialist (deny)

7. Agustin Builders LLC Robert R. Agustin, RME C-31 Masonry C-36 Plastering

“B” General Building (approve 9/16) C-5 Cabinet, millwork, & carpentry

remodeling & repairs (withdraw 9/16) C-6 Carpentry framing (withdraw 9/16) C-12 Drywall (withdraw 9/16)

C-32 Ornamental guardrail & fencing (withdraw 9/16)

8. Alexander Pacific Inc. Ryan A. Ward, RME “B” General Building “A” General Engineering (approve 10/16) C-31 Masonry (approve 10/16) C-37e Treatment & pumping facilities (approve 10/16) C-41 Reinforcing steel (approve 10/16) C-48 Structural steel (approve 10/16) Bond: $25,000

9. All Island Roofing LLC Louis Ruisi, RME C-42 Roofing

10. Alstom Power Inc. (Additional classification) Roy G. Andrade, Jr., RME C-4 Boiler, hot-water heating, hot water supply, & steam fitting 11. Alstom Power Inc. (Additional classification) Michael B. Rossio, RME C-4 Boiler, hot-water heating, hot water supply, & steam fitting 12. American Civil Constructors West Coast LLC Jeffrey C. Foerste, RME “A” General Engineering 13 Ameritech Slope Constructors Inc. (Additional classification) Roger D. Moore, RME “A” General Engineering

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14. Eric F. Anderson Inc. Aaron N. Aldrich, RME “B” General Building

15. Eric F. Anderson Inc. Kristin E. Anderson, RME “B” General Building 16. Brian M. Armstrong, RME Western Industrial Contractors Inc. “A” General Engineering C-16a Conveyor systems C-25 Institutional & commercial equipment 17. Barnett Construction Inc. (Additional classification)

Michael J. Barnett, RME C-12 Drywall C-33 Painting & decorating 18. Eric J. Basalyga (Individual) (Additional classification) “B” General Building 19. Randall R. Belmonte, RME Pacific Industrial Coatings LLC “B” General Building C-42 Roofing 20. Mark A. Bender (Individual) “B” General Building 21. Birdair Inc. Michael S. Sparks, RME C-38 Post tensioning 22. Blackwood Construction Inc. Brett Spadi, RME “B” General Building 23. Blue Ribbon Builders Inc. (Additional classification)

Carl A. Roesner, RME C-36 Plastering

“B” General Building (approve 11/16) 24. Blue Water Glass Inc. dba BWG Glass Inc. Paul F. Daniels, RME C-22 Glazing & tinting

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25. CJM Electric LLC Chadwick J.A. Mano’i, RME “A” General Engineering “B” General Building

C-13 Electrical C-62 Pole & line C-63 High voltage electrical

26. C L K Mechanical LLC Elmer Agustin, RME C-52 Ventilating & air conditioning 27. Ian Jay Caliedo, RME C & S Services Inc. C-4 Boiler, hot-water heating, hot water supply, & steam fitting C-25 Institutional & commercial equipment C-56 Welding (approve) 28. Cardinale Cabinet Coatings LLC Anthony J. Cardinale, RME C-33c Surface treatment 29. Francesca Carey (Individual) “B” General Building

30. William A. Cedillos (Individual) C-31b Stone masonry C-51 Tile 31. Clean Energy Fuels Corp. Shane T. Rees, RME “A” General Engineering 32. Clem’s Plumbing Inc. (Additional classification) Clement Y.K. Ching III, RME C-4 Boiler, hot-water heating, hot water supply & steam fitting

33. Cooling Hawaii Inc. Todd W. Ernest, RME C-40 Refrigeration C-52 Ventilating & air conditioning 34. D A E Construction Inc. Dale A. Evanger, RME “B” General Building

35. Delta Railroad Construction Inc. Linda M. Laurelo-Bambarger, RME “A” General Engineering

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36. Keaholani E.J. DeMello, RME Emerald Isle Pipe Supply Inc. C-37 Plumbing 37. Diebold Nixdorf Incorporated Rodney S. Dicion, RME C-15 Electronic systems 38. Diede Construction Inc. (Additional classification) Steven L. Diede, RME C-42 Roofing C-42 Roofing 39. Enterprise Roofing LLC Oliver R. Aglugub, RME Dual status (Green Pacific “B” General Building Construction HI LLC) C-42 Roofing C-55 Waterproofing 40. Ewa Electric LLC Aurrie K. Canianes, RME C-13 Electrical

41. Paul Ferreira (Individual) C-5 Cabinet, millwork, & carpentry remodeling & repairs

C-13 Electrical C-37 Plumbing “B” General Building (withdraw 5/16)

42. Wayne R. Fields, RME RCC Associates Inc. “B” General Building 43. Foth Productions Solutions LLC Timothy P. Healey, RME “A” General Engineering 44. Jonathan J. Fox, RME James Hunt Construction Co., Inc. “B” General Building 45. GBI Special Projects LLC Charlotte K. Graham, RME “B” General Building

46. GITC Inc. Jim D. Campbell, RME C-27b Tree trimming & removal 47. GP Roadway Solutions Inc. (Additional classification) David M. Takiguchi, RME

C-48 Structural steel

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48. Eric C. Gilchrist (Individual) C-7 Carpet laying C-21 Flooring 49. David Craig Gramlich (Individual) C-33 Painting & decorating 50. Travis S. Hall (Individual) “A” General Engineering 51. Hawaiian Solar Dog LLC Melvyn Gear, RME C-60 Solar power systems C-61 Solar energy systems

52. Hiroshi Denki AC LLC Eric J. Gallegos, RME C-52 Ventilating & air conditioning “B” General Building (approve)

53. ISI Detention Contracting Group Inc. Michael A. Moran, RME (Additional classification) C-25 Institutional & commercial (Dual status – ISI Controls Ltd)

equipment 54. JHL Integrations Inc. Herbert S. Lato, RME C-15 Electronic systems C-68TN Communication tower 55. JM Finish Carpentry LLC (Additional classification) James M. Murray, RME C-33 Painting & decorating C-19 Asbestos (approve 11/16) C-42 Roofing (approve) 56. Dennis D. Jean, RME Architectural Glass & Aluminum Co., Inc. C-22 Glazing & tinting 57. Neil Johnson, RME Johnston Construction Inc. “B” General Building 58. Taj Martin Johnson (Individual) C-27b Tree trimming & removal 59. Robert B. Johnson, Jr., RME Pacific Industrial Coatings LLC C-1 Acoustical & insulation

C-42e Urethane foam (approve) C-55 Waterproofing (approve)

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60. Robin Kameda, RME Custom Contractors Inc. C-22 Glazing & tinting 61. John Kim (Individual) “B” General Building 62. Edwin B. Kipu (Individual) C-22 Glazing & tinting 63. Ronald D. Lee, RME Integrated Security Technologies Inc. C-13 Electrical 64. Nathan P. Leiser, RME Petrochem Insulation Inc. C-2 Mechanical Insulation C-10 Scaffolding 65. Level-It Installations Ltd. Jade Dawson, RME C-22 Glazing & tinting 66. Mark A. Linden (Individual) “B” General Building 67. Gleansner E. Luther (Individual) C-31a Cement concrete 68. Troy M. Lynch (Individual) C-5 Cabinet, millwork, & carpentry remodeling & repairs “A” General Engineer (withdraw 1/17) 69. Luisito S. Mamaud, RME Johnson Controls Inc. C-13 Electrical 70. Alvin A. Matsumoto, RME M Construction and Design Inc. “B” General Building 71. Maui Custom Tile Works LLC Brandon S. Broadstone, RME C-51 Tile

72. McKeon Door of Nevada Inc. Kevin R. Sweeney, RME C-5a Garage door & window shutters

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73. Danny E. McSpadden, RME Hardesty & Associates Inc. “B” General Building 74. Nick L. Mitchell, RME Hilo Air A/C Refrigeration LLC C-40 Refrigeration C-52 Ventilating & air conditioning 75. Kevin T. Morales (Individual) C-5 Cabinet, millwork, & carpentry remodeling & repairs 76. James A.K.K. Myers (Individual) “B” General Building C-5 Cabinet, millwork, & carpentry remodeling & repairs 77. Kenneth Y. Nakata (Individual) “B” General Building 78. The Nakoa Companies Inc. (Additional classification) Gary M. Lee, RME C-13 Electrical 79. Brent H. Nishikawa, RME Marcus Construction Services LLC “B” General Building 80. Scott Oostuizen, RME

AVDB Group LC C-68AL Audiovisual wiring 81. PC Construction LLC Collin R. Saxby, RME “B” General Building

82. Pacific Island Landscape LLC

Sandra Tassan Toffola, RME C-27 Landscaping

83. Pacific Perma-Treat & Flooring LLC Jack T. Shizuru, Jr., RME C-5 Cabinet, millwork & carpentry remodeling & repairs C-7 Carpet laying C-21 Flooring C-51 Tile 84. Pangilinan Electrical LLC Clarence M. Pangilinan, RME C-13 Electrical

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85. Melvin L. Pomroy (Individual) “B” General Building 86. Pure Life Palm Trimmers LLC Daniel R. Kolp, RME C-27b Tree trimming & removal

87. Refrigeration Systems Construction and Service Company Inc. Theodore D. Motes, RME C-40 Refrigeration

88. Residential Maintenance Services LLC John W. McRoberts, RME C-5 Cabinet, millwork, & carpentry remodeling & repairs 89. Jeffrey A. Reynolds (Individual) C-51 Tile 90. William N. Rodman (Individual) “B” General Building 91. SMP Construction & Maintenance Inc. Mathew Phelps, RME C-31a Cement concrete C-34 Soil stabilization

C-55 Waterproofing C-35 Pile driving & foundation (approve) 92. Ivan Y. Sakamoto, RME (Additional classification) We Painting Inc. C-33 Painting & decorating C-36 Plastering C-55 Waterproofing 93. Sandpiper Electric Inc. (Additional classification) Jeffrey A. Piper, RME C-52 Ventilating & air conditioning

94. Kimberly Scott Refinishing and Designed LLC Kimberly V. Edwards Scott, RME C-5 Cabinet, millwork, & carpentry remodeling, & repairs

95. Richard E. Smith, RME Petrochem Insulation Inc. C-19 Asbestos

96. So Cal Retail Services Inc. Jeffery A. Coss, RME “B” General Building

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97. Solid Built Construction Inc. Alexander O. Allen, RME “B” General Building 98. Michael W. Stout, RME Environmental Chemical Corporation “B” General Building 99. Speedy Construction Inc.

Miao Kuan Huang, RME “B” General Building

100. Robert C. Stough (Individual) “B” General Building

101. T & S Landscaping LLC

Samuela B. Tatofi, RME C-27 Landscaping

102. Tesla Motors Inc. Glenn R.C. Abel, RME “A” General Engineering

103. Tesla Motors Inc. Eric S. Sih, RME “B” General Building 104. Tiki Topsoil Legendary Aina LLC Dwight Matsuyama, RME “B” General Building C-17 Excavating, grading, & trenching C-43 Sewer, sewage disposal, drain, & pipe laying 105. Philippe F. Tremblay (Individual) “B” General Building

106. Unlimited Builders LLC Brett E. Schmauch, RME “A” General Engineering “B” General Building 107. Lee M. Williams (Individual) C-21 Flooring C-51 Tile 108. William L. Wilton (Individual) “A” General Engineering

CONTRACTORS LICENSE BOARD Professional & Vocational Licensing Division

Department of Commerce & Consumer Affairs State of Hawaii

February 17, 2017

APPLICATIONS COMMITTEE ATTACHMENT

New 1. Request for Change in Business Status: Business: SC-1 Jody C. Boeringa, RME

Fuller Glass Company Inc. Licensed: C-22 Glazing & tinting Request: Dual status (Kula Glass Company Inc.)

Recommend: Approval SC-2 Bulusan Construction & Excavation LLC Marvin F. Bulusan, RME Licensed: “B” General Building C-17 Excavating, grading, & trenching Request: Reactivate Recommend: Deferral

SC-3 Enterprise Roofing LLC Oliver R. Aglugub, RME Licensed: “B” General Building

C-42 Roofing C-55 Waterproofing Request: Dual status (Green Pacific Construction HI LLC) Recommend: Deferral SC-4 John Allen Hines (Individual) Licensed: “B” General Building C-33 Painting & decorating Request: Reactivate Recommend: Approval SC-5 Jennifer L. Ignacio, RME Trane U S Inc. Licensed: “A” General Engineering Request: Reactivate Recommend: Approval SC-6 Wai Kai Residential Construction LLC

Adam F. Sutton, RME Licensed: “B” General Building Request: Dual status (Haseko

Construction Lei Pauku LLC) Recommend: Approval