HAR Chapter 80 – Electricians and Plumbers

§16-80-1
HAWAII ADMINISTRATIVE RULES
TITLE 16
DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
CHAPTER 80
ELECTRICIANS AND PLUMBERS
Subchapter 1 General Provisions
§16-80-1 	Objective
§16-80-2 	Scope
§16-80-3 	Definitions
§16-80-4 	Licensure required
§16-80-5 	Applications and examinations required
§16-80-6 	Fees; renewals; restoration
Subchapter 2 Practice and Procedure
§16-80-9 	Repealed
§16-80-10 	Practice and procedure
Subchapter 3 Oral Testimony
§16-80-14 	Oral testimony
SUBCHAPTER 1
GENERAL PROVISIONS
§16-80-1 Objective. This chapter adopted by the board of electricians and
plumbers, hereafter referred to as "board," is intended to clarify and implement
chapter 448E, Hawaii Revised Statutes, and to insure the safety and welfare of the
general public. [Eff 5/27/73; am and ren §16-80-1, 7/30/81; am and comp 11/24/89;
comp 10/22/07] (Auth: HRS §448E-4) (Imp: HRS §448E-4)
80-1

§16-80-2
§16-80-2 Scope. (a) The provisions of this chapter shall apply to all persons
who act as an electrician or plumber and who are required by chapter 448E, HRS, to
be licensed by the board. 	Pursuant to chapter 448E, HRS, those persons who are
required to be licensed by the board are as follows:
(1) 	Journey worker electrician;
(2) 	Journey worker industrial electrician;
(3) 	Journey worker specialty electrician;
(4) 	Maintenance electrician;
(5) 	Supervising electrician;
(6) 	Supervising industrial electrician;
(7) 	Supervising specialty electrician;
(8) 	Journey worker plumber; and
(9) 	Master plumber.
(b) 	The provisions of this chapter shall not apply to persons who:
(1) 	While employed, are regulated by the public utilities commission;
(2) 	While employed, are under the control and jurisdiction of the United
States government;
(3) 	Maintain and repair electrical appliances; or
(4) 	Manufacture or sell plumbing or electrical fixtures, appliances,
equipment, or hardware. [Eff 5/27/73; am and ren §16-80-2, 7/30/81;
am and comp 11/24/89; am and comp 10/22/07] (Auth: HRS
§448E-4) (Imp: HRS §448E-4)
§16-80-3 Definitions.
"Apprentice" means a person who is registered as such in accordance with
chapter 372, HRS, and who performs electrical or plumbing work under the
supervision of a licensed journey worker or supervising level electrician, or journey
worker or master plumber, respectively.
"Electrical appliances" means any portable motor or other portable appliance
energized by means of a cord or cable having an attachment plug.
"Electrical 	equipment" 	means 	any 	wire, 	appliance, 	fixture, 	apparatus,
machinery, or material installed in, upon, or about any building or structure in the
State for making use of electrical energy for light, heat, power, or any other purpose,
except when used in central stations or substations, for the production or control of
electrical 	energy 	for 	light 	or 	power 	or 	where 	used 	exclusively 	for
80-2

§16-80-3
telephone, call bells, signal systems, or other purposes in connection with which
electromotive force does not exceed thirty volts.
"Electrical maintenance work" means the keeping in repair and operation of
any and all existing electrical installations, apparatus, and equipment, and any
extensions to these installations, apparatus, and equipment that do not 	exceed one
branch 	circuit 	capacity 	for 	each 	specific 	extension; 	provided 	that 	electrical
maintenance work shall not include new installations; new branch circuit wiring;
additions or modifications to any existing electrical installations, apparatus, and
equipment; repairs to electrical service equipment; or any other work that requires a
building or electrical permit from the counties; and provided further that any
replacements of existing electrical installations, apparatus, and equipment shall be
done with the same electrical fixtures, devices, and equipment.
"Electrical wiring" means any electrical conductor, material, device, fitting,
apparatus, appliance, fixture, or equipment, constituting a part of or connected to any
electrical installation attached or fastened to any building, structure, or premises and
which installation or portion thereof is designed, intended or used to generate,
transmit, transform, or utilize electrical energy within the scope and purpose of the
National 	Electrical 	Code, 	as 	adopted 	by 	each county.
"Electrical work" means the installation, alteration, reconstruction, or repair
of electrical wiring.
"Equivalent experience in the trade" for master plumbers as defined in
section 448E-5(6), HRS, means, but is not limited to, having been licensed as a
journey worker plumber or as a master plumber in another county, state, or country
whose requirements for licensure are substantially equivalent to those in force in this
State.
"Equivalent experience in the trade" for supervising electricians as used in
section 448E-5(3), HRS, means, but is not limited to, having been licensed as a
journey worker electrician or as a supervising electrician in another county, state, or
country whose requirements for licensure are substantially equivalent to those in
force in this State.
"Equivalent experience in the trade" for supervising specialty electricians as
defined in section 448E-5(4), HRS, means, but is not limited to, having been licensed
as a journey worker specialty electrician or as a supervising specialty electrician in
another county, state, or country whose requirements for licensure are substantially
equivalent to those in force in this State.
"Experience in the trade" for journey worker electricians as used in section
448E-5(1), HRS, means experience in the installation, alteration, and repair of
electrical equipment, wires, and apparatus.
80-3

§16-80-3
"Experience in the trade" for journey worker specialty electricians as defined
in section 448E-5(2), HRS, means experience in performing electrical work related
to installing, repairing, altering, and maintaining but not the attachment of lighting
and power circuits to the following: electronic equipment, sound public address
systems, and communication systems, other than equipment and systems for a
single-family or two-family dwelling; master community radio and television
receiving antenna systems; sound recording systems, other than systems for a
single-family or two-family dwelling; burglar and fire alarm systems; low voltage
remote control, other than a control for a single-family or two-family dwelling; and
low voltage communication signal systems.
"Plumbing work" means the business, trade, or work having to do with the
installation, maintenance, extension, and alteration of all piping, fixtures, appliances,
and appurtenances in connection with any of the following: 	Sanitary drainage or
storm drainage facilities, venting systems, potable water-supply systems, and fuel
systems within or adjacent to any building, or conveyance; also the practice of and
materials used in installation, maintenance, or extension of any storm-waste,
liquid-waste, sewage, or potable water-supply systems of any premises to their
connection with any point of public disposal or other acceptable terminal. However,
this provision shall not prohibit other properly licensed contractors from performing
any exterior piping work five feet or more outside the building line without licensed
plumbers. 	The Uniform Plumbing Code (UPC) with amendments as adopted by
each county is recognized as the minimum requirement and standard of performing
plumbing work. 	[Eff 5/27/73; am and ren §16-80-3, 7/30/81; am and comp
11/24/89; am and comp 10/22/07] (Auth: HRS §448E-4) (Imp: HRS §448E-1)
§16-80-4 Licensure required.
(1) 	Any person who directs or supervises electrical work in the State is
required to have a supervising electrician's license;
(2) 	Any person who performs electrical work in the State is required to
have a journey worker electrician's license;
(3) 	Any person who performs electrical work related to installing,
repairing, altering, and maintaining but not the attachment of lighting
and power circuits to the following: 	electronic equipment, sound
public address systems, and communications systems, other than
equipment and systems for a single-family or two-family dwelling;
master 	community 	radio 	and
80-4

§16-80-4
television receiving antenna systems; sound recording systems, other
than systems for a single-family or two-family dwelling; burglar and
fire alarm systems; low voltage remote control, other than a control
for 	a 	single-family 	or 	two-family 	dwelling; 	and 	low 	voltage
communication signal systems, is required to have a journey worker
specialty electrician's license;
(4) 	Any person who directs and supervises the performance of electrical
work related to installing, repairing, altering, and maintaining but not
the attachment of lighting and power circuits to the following:
electronic 	equipment, 	sound 	public 	address 	systems, 	and
communications systems, other than equipment and systems for a
single-family or two-family dwelling; master; or community radio
and television receiving antenna system; sound recording systems
other than systems for a single-family or two-family dwelling;
burglar and fire alarm systems; low voltage remote control, other
than control for a single-family or two-family dwelling; and low
voltage 	communication 	signal 	systems, 	is 	required 	to 	have 	a
supervising specialty electrical license;
(5) 	Any person who directs and supervises the performance of plumbing
work or who performs plumbing work is required to have a journey
worker plumber's license or a master plumber's license;
(6) 	Any person who performs electrical maintenance work in the State is
required to have, at minimum, a maintenance electrician's license;
(7) 	No electrical work shall be performed in or about the buildings in the
State by any person who is not licensed in any of the journey worker
electrician or supervising electrician categories provided in chapter
448E, HRS; provided that such work may be performed by an
apprentice, electrician's helper, or other unlicensed person so long as
such work is performed under the supervision and within the scope of
a person licensed in any of the journey worker electrician or
supervising electrician categories provided in chapter 448E, HRS;
and provided further that while under supervision, the licensee:
(A) 	Oversees, reviews, and is responsible for such electrical
work; and
80-5

§16-80-4
(B) 	Is physically present and available at the project site at all
times during which the electrical work is being performed by
the 	apprentice, 	electrician's 	helper, 	or 	other 	unlicensed
person;
(8) 	No plumbing work shall be performed in or within five feet of the
buildings in the State by any person who is not licensed as a journey
worker plumber or master plumber provided that such work may be
performed by an apprentice, plumber's helper, or other unlicensed
person so long as such work is performed under the supervision and
within the scope of a person licensed as a journey worker plumber or
master plumber; and provided further that while under supervision,
the licensee:
(A) 	Oversees, reviews, and is responsible for such plumbing
work; and
(B) 	Is physically present and available at the project site at all
times during which the plumbing work is being performed by
the apprentice, plumber's helper, or other unlicensed person;
and
(9) 	For purposes of this section, "project site" means the location where
electrical or plumbing work is being performed. 	[Eff 5/27/73; am
and ren §16-80-4, 7/30/81; am and comp 11/24/89; am and comp
10/22/07] (Auth: HRS §448E-4) (Imp: HRS §448E-9)
§16-80-5 Applications and examinations required.
(1) 	No license shall be issued to any person unless such person applies
for, takes, and passes a written examination as prescribed by the
board for the license applied for;
(2) 	An application filed with the board shall be prepared in accordance
with and contain the information called for in the application form
provided by the board and any instructions which are required by the
board with respect to filing;
(3) 	The applicant shall submit documentary proof satisfactory to the
board 	that 	the 	applicant 	has 	the 	experience 	as 	required 	for
examination;
(4) 	Applications accompanied with all the required information and
documents shall be filed not less than seven days prior to the board
meeting date; and
80-6

§16-80-6
(5) 	An application shall be deemed abandoned and shall be destroyed if,
after two consecutive years, the applicant fails to provide the board
evidence of the applicant's continued efforts to complete the licensure
process, which includes but is not limited to the filing of forms or
requested documentation, passage of examinations, and payment of
fees. 	[Eff 5/27/73; am and ren §16-80-5, 7/30/81; am and comp
11/24/89; am and comp 10/22/07] (Auth: HRS §448E-4) (Imp: HRS
§§436B-9, 448E-4)
§16-80-6 	Fees; renewals; restoration. 	(a) All fees required under chapter
448E, HRS, and this chapter shall be provided in rules adopted by the director
pursuant to chapter 91, HRS.
(b) 	The triennial renewal fee and compliance resolution fund fees shall
be paid by plumbers to the board on or before July 1 of every third year effective
with the June 30, 2006 renewal.
(c) 	The triennial renewal fee and compliance resolution fund fees shall
be paid by electricians to the board on or before July 1 of every third year effective
with the July 1, 1996 renewal.
(d) 	The failure, neglect, or refusal of any licensee to pay these fees, or to
meet the continued competency requirements of section 448E-8.5, HRS, before the
renewal date shall constitute a forfeiture of the licensee's license.
(e) 	Renewal fees paid by mail shall not be considered delinquent if the
envelope is postmarked by the United States Postal Service before July 1 of the year
in which the fees are due.
(f) 	Any forfeited license may be restored by filing the form provided by
the board, along with all required documents, meeting the continued competency
requirements of section 448E-8.5, HRS, and by paying the applicable renewal and
penalty fees within one year from the date of forfeiture.
(g) 	Failure to restore a forfeited license within one year from the date of
forfeiture shall require a person to file as a new applicant. The board may waive the
requirement to retake the examination where the person failed, for good and valid
reasons, to restore a license within the one year after the date of forfeiture. Good and
valid reasons shall be determined and approved by the board.
(h) 	For purposes of this chapter, the dishonoring of any check upon first
deposit 	shall 	constitute 	a 	failure 	to 	meet 	the 	fee 	requirements. 	[Eff 	and
80-7

§16-80-6
comp 10/22/07] (Auth: HRS §448E-4) (Imp: HRS §§448E-8, 448E-8.5)
SUBCHAPTER 2
PRACTICE AND PROCEDURE
§16-80-9 Repealed. [R 11/24/89]
§16-80-10 Administrative practice and procedure. The rules of practice and
procedure for electricians and plumbers shall be as provided in chapter 16-201, the
rules of practice and procedure of the department, which are incorporated by
reference and made part of this chapter. 	[Eff and comp 11/24/89; comp 10/22/07]
(Auth: HRS §91-2) (Imp: HRS §91-2)
SUBCHAPTER 3
ORAL TESTIMONY
§16-80-14 Oral testimony. (a) The board shall accept oral testimony on any
item which is on the agenda, provided that the testimony shall be subject to the
following conditions:
(1) 	Each person seeking to present oral testimony shall notify the board
not later than forty-eight hours prior to the meeting, and at that time
shall state the item on which testimony is to be presented;
(2) 	The board may request that any person providing oral testimony
submit the remarks, or a summary of the remarks, in writing to the
board;
(3) 	The board may rearrange the items on the agenda for the purpose of
providing for the most efficient and convenient presentation of oral
testimony;
(4) 	Persons presenting oral testimony at the beginning of the testimony
shall identify themselves and the organization, if any, that they
represent;
(5) 	The board may limit oral testimony to a specified time period but in
no case shall the period be less than five minutes, and the person
80-8

§16-80-14
testifying shall be informed prior to the commencement of the
testimony of the time constraints to be imposed; and
(6) 	The board may refuse to hear any testimony which is irrelevant, or
immaterial, or unduly repetitious to the agenda item on which it is
presented.
(b) 	Nothing in this section shall require the board to hear or receive any
oral or documentary evidence from a person on any matter which is the subject of
another pending proceeding subject to the hearings relief, declaratory relief, or rule
relief provisions of chapter 16-201.
(c) 	Nothing in this section shall prevent the board from soliciting oral
remarks from persons present at the meeting or from inviting persons to make
presentations to the board on any particular matter on the board's agenda. [Eff and
comp 11/24/89; am and comp 10/22/07] (Auth: HRS §448E-4(2) (Imp: HRS §92-3)
80-9

Amendments to and compilation of chapter 16-80, Hawaii Administrative
Rules, on the Summary page dated September 11, 2007, were adopted on September
11, 2007, following a public hearing held on September 11, 2007, after public notices
were given in the Honolulu Star-Bulletin, The Garden Island, Hawaii Tribune-
Herald, West Hawaii Today, and The Maui News on August 5, 2007.
They shall take effect ten days after filing with the Office of the Lieutenant
Governor.
/s/ Norman N. Ahu
NORMAN AHU, Chairman
Board of Electricians and Plumbers
APPROVED AS TO FORM: 	Date: 	10/2/07
/s/ Rodney J. Tam
Deputy Attorney General
APPROVED: 	Date: 	10/3/07
/s/ Lawrence M. Reifurth
LAWRENCE M. REIFURTH, Director
Commerce and Consumer Affairs
APPROVED: 	Date: 	10/11/07
/s/ Linda Lingle
LINDA LINGLE
Governor
State of Hawaii
10/11/07
Filed
80-11

DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
Amendment and Compilation of Chapter 16-80
Hawaii Administrative Rules
September 11, 2007
SUMMARY
1. 	§16-80-2 is amended.
2. 	§16-80-3 is amended.
3. 	§16-80-4 is amended.
4. 	§16-80-5 is amended.
5. 	A new §16-80-6 is added.
6. 	§16-80-14 is amended.
7. 	Chapter 80 is compiled.
This material can be made available for individuals with special needs. Please call the Program
Specialist, Professional and Vocational Licensing Division, DCCA, at 586-2692, to submit your
request.
Effective 10/22/07