contractors license boardcontractors license board minutes of the september 20, 2019 meeting page 4...

CONTRACTORS LICENSE BOARD Professional and Vocational Licensing Division

Department of Commerce and Consumer Affairs State of Hawaii

Minutes of Meeting

Date: September 20, 2019 Place: King Kalakaua Conference Room, King Kalakaua Building Department of Commerce and Consumer Affairs 335 Merchant Street, 1st Floor, Honolulu, Hawaii 96813 Present: Tyrus Kagawa, Chairperson Neal K. Arita, Member Clyde T. Hayashi, Member Eric Higashihara, Member

Leslie Isemoto, Member Nathan Konishi, Member Leonard K. P. Leong, Vice Chairperson Kent Matsuzaki, Member Joseph O’Donnell, Member Kenneth T. Shimizu, Member Nicholas W. Teves, Jr., Member Candace Ito, Executive Officer Charlene L.K. Tamanaha, Executive Officer Mika Miyasato, Executive Officer

Christopher Leong, Deputy Attorney General Faith Nishimura, Secretary

Excused: Genaro Q. Bimbo, Member Guests: Dorene Eddy, Program Specialist

Jianguo Chen Melvin G. Mings, Jr. (Individual) Jeffrey Masatsugu Jacob R. Simms, RME, RLE Inc. Eldege A. O’Connell, RME, Kipahulu Construction LLC Dwayne Arelliano, Glaziers Union DC 50 Douglas Kema, Jr., Floorlayers Union DC 50 Rex M. Tajiri, RME, Grace Pacific LLC Chris Delaunay, Pacific Resource Partnership (“PRP”) Craig K. Shikuma, 57 Engineering, Inc. Ryan Takahashi, HEMEP Graeme D. Mankelow (Individual) Lisa Morrissey Jonathan C.D. Aninag, RME, Pro Design Inc. Zale T. Okazaki, Esquire, Recovery/Education Fund Attorney Dennis L. Wheeler, Jr. Michael Diniega, RME, A’s Mechanical & Builders Inc. Yuying Yang Walden Au, PRP Patrick W.K. Low, RME, Vineyard Investment Realty LLC

Contractors License Board Minutes of the September 20, 2019 Meeting

Kelu Zhang, Engineer, Division of Consumer Advocacy (“DCA”)

Call to Order: There being a quorum present, Chairperson Kagawa called the meeting to order at 8:33 a.m.

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 September 9, 2019, and the Board Meeting and Executive Session Meeting Minutes of August 15, 2019, as circulated.

Amendments to Agenda: It was moved by Mr. Isemoto, seconded by Mr. Konishi, and unanimously carried

to approve the following amendments to the agenda:

Additions to Appearances:

c. Jonathan C.D. Aninag, RME Pro Design Inc. C-14 Sign C-44b Awnings & patio cover

d. Michael Diniega, RME

A’s Mechanical & Builders Inc. “B” General Building C-37 Plumbing C-52 Ventilating & air conditioning

e. Melvin G. Mings, Jr. (Individual)

“A” General engineering “B” General building

f. Jacob R. Simms, RME

RLE Inc. “B” General building g. Patrick W.K. Low, RME Vineyard Investment Realty LLC “B” General building

Addition to Applications Committee Report:

b. Alutiiq General Contractors LLC Henry J. Rinnert, RME “A” General engineering “B” General building

Deletion from Owner-Builder Exemption Applications:


d. Jeffrey Wise & Alex Enderle g. Hanna Wilson h. John Petty i. Phyllis M. Squire j. Tara Macgeraghty k. Douglas Woolford

Committee 1. Scope of Activity Committee Reports: Nathan T. Konishi and Leslie Isemoto, Co-Chairpersons

a. Department of Education- East Kapolei Middle School Phase 2

Requests a determination on whether a C-62 Pole and line license is required to construct, install and make electrical power connections to traffic signal lighting systems; and whether a C-13 Electrical contractor may perform the work associated with constructing and installing traffic signal lighting.

Craig K. Shikuma, counsel for 57 Engineering, Inc. stated that he submitted written testimony to the Board dated September 18, 2019. He stated that the documents pertaining to the contractor rule amendments point out that in 2002 the Contractors License Board sought out to amend the specialty classification, including the C-13 Electrical classification. In the DCCA Director’s memo to the Governor recommending the amendment, the Director specifically pointed out that the amendments to the C-13 classification were to include other certain specialty classifications; but she specifically stated the amendments to the C-13 classification shall not include the work of the C-62 pole and line or the C-63 High voltage electrical classification. Mr. Shikuma stated that it is absolutely clear in the history of the amendments to the C-13, C-62 and C-63 classifications that the C-13 shall not include C-62 pole and line specialty work. He added that the C-62 is the only classification that includes traffic signal work. He believes that the C-13 cannot do traffic signal work; and if this Board believes that the C-13 should be allowed to do this work, it must be passed through an amendment to the C-13 classification. Ryan Takahashi, HEMEP, stated that he testified last month and they stand by the logic that just because a specific scope of electrical work is not listed in the C-13 Electrical classification is not a reason to exclude it. HEMEP appreciates the time to research what’s actually happening in the industry. They found that in practice, it is rare for a C-13 to actually perform the traffic signal work. In recent bid contracts for traffic signal work that HEMEP looked at, all bidding contractors had a C-62 contractors license except for this DOE project. In discussing and surveying with all of their contractors, they felt that it was agreeable to let the C-62 contractor perform the traffic signal work. Especially a lot of

times the C-13 contractor does not have the experience in traffic signal work.

The Board also received letters from Ronald K.B. Yee, Principal, Wasa Electrical


Services, Inc. and Paul M. Adachi, Manager, Paul’s Electrical Contracting LLC, both dated September 4, 2019. Mr. Yee and Mr. Adachi’s position is that a C-13 Electrical contractor may perform the work associated with constructing and installing traffic signal lighting on the East Kapolei Middle School Phase 2 project as it involves electrical energy that is less than 600 volts phase to phase and that a C-62 Pole and line license is not required, but may work, on this project.

Mr. Matsuzaki arrived at 8:39 a.m.

Executive Session: At 8:40 a.m., it was moved by Mr. Teves, seconded by Mr. Isemoto, and

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

At 9:52 a.m., it was moved by Mr. Arita, seconded by Mr. Isemoto, and unanimously carried to move out of executive session and to reconvene to the Board’s regular order of business.

a. Department of Education- East Kapolei Middle School Phase 2

Requests a determination on whether a C-62 Pole and line license is required to construct, install and make electrical power connections to traffic signal lighting systems; and whether a C-13 Electrical contractor may perform the work associated with constructing and installing traffic signal lighting.

Mr. Higashihara stated that after carefully reviewing the documents and listening to the testimony, it appears that the rules that were effectuated in 1988 specified less than 600 volts phase to phase in the C-13 Electrical classification and 600 volts phase to phase or more in the C-62 Pole and line classification. It also appears that at that time the Board knew that it was common practice that the C-62 did most or all of the highway lighting and traffic signal systems. Because the addition of the “600 volts phase to phase or more” language would prohibit the C-62 contractor from performing highway lighting and traffic signal systems under 600 volts phase to phase, “Work shall include street and highway lighting and traffic signal systems” was also added to allow the C-62 contractor to continue performing this work. After the 1988 rule amendment went into effect, there were two Board determinations, in 1989 and 2011, that stated the C-13 could do traffic signal work that is less than 600 volts phase to phase. He went on to say that the Board recognizes Director Matayoshi’s January 24, 2002 memo to the Governor indicating that the amendments to the C-13 classification shall not include the work of the C-62 contractor; however, when the rule became effective, that specific language was absent. Mr. Konishi added that the C-13 Electrical classification does not specifically exclude traffic signal work. Mr. Isemoto stated that it appears that the specific inclusion of traffic signal work to the C-62 classification was necessary to allow the C-62 contractor to continue to perform this work when the “600 volts phase to phase or more” was added to the C-62 classification. Based upon the description of the C-13 classification and the past determinations by the Board, it appears


that the C-13 is allowed to perform traffic signal systems work. DAG Leong stated that the Board’s discussion and interpretation of the rules comports with his reading of the rules. He addressed the concern that a determination that the C-13 can perform traffic signal systems work may appear to engage in rulemaking that does not comport to the HRS Chapter 91 process. DAG Leong stated that this is not the case as the Board is simply going through an interpretation of its rules and would be interpreting the rule consistent with prior practice and determinations on similar questions, i.e. 1989 and 2011 determinations. Recommendation: Both the C-13 Electrical and the C-62 Pole and line contractor may perform the work associated with constructing and installing traffic signal lighting for this Project. It was moved by Mr. Higashihara, seconded by Mr. Isemoto, (with Mr. Teves opposing) and voted by the majority to approve the above scope recommendation.

b. Hawaii Moving Services (deferred from July 19, 2019 meeting)

Requests a determination whether a contractor’s license is required to perform cabinet installation and to secure ATMs into concrete with four bolts. The cabinet installation involves securing two drawers (two screws each) into an existing cabinet within a closet.

The Board reviewed the additional information submitted by Tony Goulart, Hawaii

Moving Services. Mr. Konishi stated that based upon the information provided, two types of ATMs are being installed: stand alone and through-the-wall. It appears that a license would not be required to bolt the stand alone ATM into concrete. With regard to the through-the-wall ATM, a contractor’s license is required if any alterations are made to the structure to fit the new ATM into the opening.

Mr. Konishi stated that the additional information on the drawers indicate that the

drawers are prefabricated and installed into a modular unit.

Recommendation:

(1) A contractor’s license is not required to secure the two prefabricated drawers, with two screws per drawer, into an existing cabinet within a closet; and

(2) A contractor’s license is not required to secure ATMs into concrete with

four bolts, provided that no alterations or modifications are made to the existing wall openings to properly fit the ATM. A C-5 Cabinet, millwork,

and carpentry remodeling and repairs contractors license is required to perform non-structural or non-loadbearing modifications to the existing wall opening; and a “B” General building contractors license is required to perform structural modifications to the existing wall opening.


After discussion, it was moved by Mr. Konishi, seconded by Mr. Isemoto, and unanimously carried to approve the above scope recommendation.

c. Jas W Glover Ltd – Pi'ihonua Levee Reconstruction

Requests a determination whether the General Engineering Contractor with the License “A” can do the grouted boulder work for the County of Hawaii, Pi'ihonua Levee Reconstruction Project, County Job No. E-4506. Mr. Isemoto recused himself on this matter. Mr. Konishi stated that the levee consists of boulders that are grouted together with concrete. It appears that the C-31b Stone masonry or the C-31 Masonry contractor’s license is required to perform the grouted boulder work. In accordance with the Okada Trucking Supreme Court decision, the “A” General engineering contractor can bid on this project, however they can only perform work in the “C” specialty contractor classifications that they hold (i.e. classifications that were automatically provided under HAR chapter 16-77 or obtained on their own). The “A” General engineering contractor cannot self-perform the grouted boulder work unless it has the C-31b Stone masonry or the C-31 Masonry contractor’s license.

Recommendation: The C-31 Masonry or the C-31b Stone masonry contractor’s license is required to perform the grouted boulder work for the Project. Thus, a contractor licensed only in the “A” General engineering classification is not allowed to perform the grouted boulder work for the Project without the C-31 Masonry or the C-31b Stone masonry contractor’s license.

After discussion, it was moved by Mr. Konishi, seconded by Mr. Hayashi, (with Mr. Isemoto recusing) and voted by the majority to approve the above scope recommendation.

Appearances Before the Board: a. Graeme D. Mankelow (Individual) C-32 Ornamental, guardrail & fencing

Executive Session: At 10:06 a.m., it was moved by Mr. Arita, seconded by Mr. Konishi, 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 Christopher Leong, 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 10:20 a.m., it was moved by Mr. Arita, seconded by Mr. Konishi, 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. Teves, seconded by Mr. Isemoto, and unanimously carried to defer Mr. Mankelow’s application for licensure in the C-32 Ornamental,


guardrail and fencing classification pending the submittal of a revised project list (on the Board’s form) verifying forty-eight months of on-site supervisory experience; projects which date back beyond ten years may be included. The project information must be accurate and the “Amount of Supervisory Experience” should only include the actual amount of time spent on-site supervising his own crew. (Do not include time spent for design, ordering materials, scheduling, or downtime for rain-outs or waiting for delivery of materials.)

b. Rex M. Tajiri, RME

Grace Pacific LLC C-27 Landscaping C-31 Masonry C-41 Reinforcing steel

Executive Session: At 10:21 a.m., it was moved by Mr. Arita, seconded by Mr. Konishi, 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 Christopher Leong, 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 10:39 a.m., it was moved by Mr. Konishi, 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. Konishi, seconded by Mr. Higashihara, and unanimously carried to deny Grace Pacific LLC and Mr. Tajiri’s applications for licensure in the C-27 Landscaping, C-31 Masonry, and C-41 Reinforcing steel classifications because he did not meet the experience requirement. c. Jonathan C.D. Aninag, RME

Pro Design Inc. C-14 Sign C-44b Awnings & patio cover

Executive Session: At 10:45 a.m., it was moved by Mr. Konishi, seconded by Mr. Higashihara, 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 Christopher Leong, 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. Higashihara, seconded by Mr. Konishi, and unanimously carried to approve Pro Design Inc. and Mr. Aninag’s application for licensure in the C-14 Sign classification; and defer Pro Design Inc. and Mr. Aninag’s application for licensure in the C-44b Awnings and patio cover classification pending the submittal of a revised project list (on the Board’s form) verifying forty-eight months of on-site supervisory experience and direction of employees, including a description of supervising work experience performed in-house, with his own crew, and work or trades that were subcontracted to other licensed contractors. Projects performed in the Philippines may be included. Chairperson Kagawa called for a short recess at 10:57 a.m. The Board reconvened at 11:07 a.m.

The following agenda item was taken out of order. 3. Recovery/Education Fund Committee: Zale T. Okazaki, Esquire

a. Dennis L. Wheeler, Jr., RME Niche Site Concrete Inc. “B” General building C-17 Excavating, grading & trenching C-31 Masonry

Executive Session: At 11:08 a.m., it was moved by Mr. Arita, seconded by Mr. Isemoto, and


At 11:20 a.m., it was moved by Mr. Arita, seconded by Mr. Konishi, 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, second by Mr. Konishi, and unanimously carried to condition the contractor licenses of Niche Site Concrete Inc. and Dennis L. Wheeler, Jr. as the RME, subject to completion of payments to the Contractors Recovery Fund pursuant to an agreed-upon schedule.

b. The Recovery Fund Litigation Reports dated September 3 and 9, 2019 prepared by Ms. Okazaki, were distributed to the Board.

Appearances Before the Board: d. Michael Diniega, RME A’s Mechanical & Builders Inc. “B” General building

Contractors License Board Minutes of the September 20, 2019 Meeting C-37 Plumbing C-52 Ventilating & air conditioning Executive Session: At 11:22 a.m., it was moved by Mr. Higashihara, seconded by Mr. Konishi, and



It was moved by Mr. Arita, seconded by Mr. Isemoto, and unanimously carried to approve A’s Mechanical & Builders Inc. and Mr. Diniega’s application for licensure in the “B” General building classification; and defer A’s Mechanical & Builders Inc. and Mr. Diniega’s applications for licensure in the C-37 Plumbing and C-52 Ventilating & air conditioning classifications pending the submittal of revised project lists (on the Board’s form) verifying forty-eight months of on-site supervisory work experience in the broad scope of the C-37 and C-52 classifications which may date back beyond ten years. The “Amount of Supervisory Experience” should only include the actual amount of time spent on-site supervising his own crew. (Do not include time spent for design, ordering materials, scheduling, or downtime for rain-outs or waiting for delivery of materials.) e. Melvin G. Mings, Jr. (Individual) “A” General engineering “B” General building

Executive Session: At 11:34 a.m., it was moved by Mr. Arita, seconded by Mr. Isemoto, and


At 11:45 a.m., it was moved by Mr. Arita, seconded by Mr. Konishi, 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. Konishi, and unanimously carried to accept Mr. Mings’ withdrawal of the “A” General engineering classification and defer Mr. Mings’ application for licensure in the “B” General building classification pending the submittal of a revised project list (on the


Board’s form) verifying forty-eight months of on-site supervisory experience building structures from the “ground-up”, including a description of supervisory work experience performed in-house; with his own crews, and the work or trades that were subcontracted to other licensed contractors. The “Amount of Supervisory Experience” should only include the actual amount of time spent on-site supervising his crew. (Do not include time spent for design, ordering materials, scheduling, or downtime for rain-outs or waiting for delivery of materials.) In addition, Mr. Mings may submit a copy of his International Business Administration degree.

f. Jacob R. Simms, RME RLE Inc. “B” General building Executive Session: At 11:46 a.m., it was moved by Mr. Konishi, seconded by Mr. Arita, and


At 12:14 p.m., it was moved by Mr. Arita, 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. Konishi, seconded by Mr. Isemoto, and unanimously carried to defer RLE Inc. and Mr. Simms’ application for licensure in the “B” General building classification pending the submittal of a revised project list (on the Board’s form), which may include projects which date back beyond ten years, verifying forty-eight months of on-site supervisory experience and direction of employees building structures from the “ground-up” where he was in direct control of the means and methods. The project list must describe supervising work experience in-house, with his own crew, and the work or trades that were subcontracted to other licensed contractors. The “Amount of Supervisory Experience” should only include the actual amount of time spent on-site supervising his crew. (Do not include time spent for design, ordering materials, scheduling, or downtime for rain-outs or waiting for delivery of materials.)

g. Patrick W.K. Low, RME Vineyard Investment Realty LLC “B” General building Executive Session: At 12:16 p.m., it was moved by Mr. Arita, seconded by Mr. Isemoto, 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 Christopher Leong, 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 12:30 p.m., it was moved by Mr. Arita, seconded by Mr. Higashihara, 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. Leong, seconded by Mr. Hayashi, and unanimously carried to approve Vineyard Investment Realty LLC and Mr. Low’s application for licensure in the “B” General building classification. Ms. Zhang arrived at 12:31 p.m.

The following agenda item was taken out of order. Committee Reports: Examination Committee:

Kenneth Shimizu, Chairperson a. Jianguo Chen

“B” General building

The Board received a letter from Prometric regarding a violation of Prometric’s Examination rules.

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


At 2:01 p.m., it was moved by Mr. Arita, 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. Arita, seconded by Mr. Konishi, and unanimously carried to suspend Mr. Chen from taking the examination for one year for misconduct during an examination, pursuant to Hawaii Administrative Rules section 16-77-46. Ms. Zhang left the meeting at 2:03 p.m.

Mr. Isemoto left the meeting at 2:05 p.m. The following agenda item was taken out of order.

8. Applications Committee:

Contractors License Board Minutes of the September 20, 2019 Meeting Nicholas W. Teves, Jr., Chairperson

It was moved by Mr. Konishi, seconded by Mr. Teves, and unanimously carried to approve, defer, deny or withdraw the license applications as indicated on the Applications Committee Attachment 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

Chapter 91, HRS, Adjudicatory Matters: Chairperson Kagawa called for a recess from the Board’s meeting at 2:10 p.m. to

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

1. Settlement Agreements

a. In the Matter of the Contractor’s License of Arthur S. Kim, doing business as IView Security; CLB 2014-54-L

RICO alleges that on or about February 20, 2013, Arthur S. Kim, doing business as IView Security (“Respondent”) and Hosoi Garden Mortuary entered into a written contract which called for Respondent to install security cameras in exchange for compensation. Respondent hired an unlicensed contractor to install conduit for the security cameras. The case against the unlicensed contractor will be addressed in a separate RICO case. If proven at an administrative hearing, the allegations would constitute violations of the following statutes: HRS sections 444-9.3 (aiding and abetting an unlicensed person) and HRS 444-17(12) (failure to comply with HRS Chapter 444). Respondent agrees to pay an administrative fine in the amount of $5,000.00. After discussion, it was moved by Mr. Konishi, seconded by Mr. Arita, and unanimously carried to approve the Settlement Agreement Prior to Filing of Petition for Disciplinary Action in the above case. b. In the Matter of the Contractors’ Licenses of Ri-No LLC, doing business

as Oahu Flooring, and Kyri S. Peahu; CLB 2019-241-L RICO received a complaint alleging that Ri-No LLC, doing business as Oahu Flooring and Kyri S. Peahu (“Respondents”) were hired to remove, dispose, and install new carpeting at the Moana Surfrider.


RICO alleges that Respondents did not possess the required C-7 license classification at the time of the removal, disposal, and installation of the carpeting at the Moana Surfrider.

RICO also alleges that Respondents’ website: www.oahuflooring.com did not have Respondent’s respective contractor licenses listed on it. If proven at an administrative hearing, the allegations would constitute violations of the following statute and rules: HRS sections 444-17(12) (willful failure in any material respect to comply with Chapter 444 or rules adopted pursuant thereto); HAR 16-77-83 (contracting entity advertising through any media shall be identified as a licensed contractor by listing the name under which the licensee is licensed or the licensee’s trade name, and the licensee’s license number); and 16-77-33(c)(any licensee classified as a specialty contractor shall not act, assume to act, or advertise as a contractor in any classification other than those which the licensee holds). Respondents agree to pay an administrative fine in the amount of $1,000.00. After discussion, it was moved by Mr. Konishi, seconded by Mr. Arita, and unanimously carried to approve the Settlement Agreement Prior to Filing of Petition for Disciplinary Action in the above case.

2. Board’s Final Order None.

Following the Board’s review, deliberation and decisions in these matters, pursuant to HRS chapter 91, Chairperson Kagawa announced that the Board was reconvening to its open meeting at 2:14 p.m.

Messrs. Konishi and Matsuzaki left the meeting at 2:17 p.m. Mr. Shimizu left the meeting at 2:18 p.m. The following agenda item was taken out of order. 7. Applications Committee Report: Charlene Tamanaha, Executive Officer

a. Zhe Fang (Individual) “B” General building

Executive Session: At 2:19 p.m., it was moved by Mr. Arita, seconded by Mr. Teves, 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

http://www.oahuflooring.com/

http://www.oahuflooring.com/


consult with Christopher Leong, 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 3:00 p.m., it was moved by Mr. Arita, seconded by Mr. Higashihara, and unanimously carried to move out of executive session and to reconvene to the Board’s regular order of business. The Board came to a consensus to invite Mr. Fang to appear at its October 18, 2019 meeting.

The following agenda item was taken out of order.

4. Rules Committee: Leonard Leong, Chairperson Hawaii Administrative Rules Chapter 16-77 Proposed Amendments to the Specialty Contractor Classifications C-7 Carpet laying contractor C-10 Scaffolding contractor C-12 Drywall contractor C-16 Elevator contractor C-16a Conveyor systems contractor C-17 Excavating, grading, and trenching contractor

C-19 Asbestos contractor C-24 Building moving and wrecking contractor

C-27 Landscaping contractor C-27a Hydro mulching contractor C-27b Tree trimming and removal contractor C-34 Soil stabilization contractor C-35 Pile driving, pile and caisson drilling, and foundation

contractor C-35a Foundation stabilization contractor C-36 Plastering contractor

C-44 Sheet metal contractor C-44a Gutters contractor C-44b Awnings and patio cover contractor C-49 Swimming pool contractor C-49a Swimming pool service contractor C-49b Hot tub and pool contractor C-53 Miscellaneous retail products contractor C-54 Interior design contractor C-57 Well contractor C-57a Pumps installation contractor C-57b Injection well contractor

Jeffrey Masatsugu, Carpet, Linoleum & Soft Tile Market Recovery Trust Fund, stated that testimony on the C-7 Carpet laying classification was not submitted however they have concerns with the additional language which limits the C-7 to buildings and its related building surfaces. In the past, carpet laying outside a


building was allowed. He added that rule amendments are based upon public or health safety reasons and there is no public safety issue. Additionally, he stated that the language is vague. He will submit written testimony to the Board.

Douglas Kema, Jr., Floorlayers Union DC 50 Representative, stated that the amendment to the C-7 Carpet laying classification is confusing. He has installed carpet in submarines, boats and tug boats. Executive Officer Ito noted that the contractors license law does not pertain to work performed on boats or submarines. Mr. Kema stated that he has installed flooring for outdoor batting cages in athletic fields. Executive Officer Ito asked what kind of surface the flooring is applied to. Mr. Kema responded wood or concrete surfaces. He will submit written testimony to the Board.

Dwayne Arelliano, Glaziers Union DC 50 Business Representative, stated that he is testifying on the C-44b Awnings and patio cover classification; he is not against the current language but is asking for clarification because C-22 Glazing and tinting contractors also install awnings on high rise buildings. Mr. Arelliano stated that these awnings are not in conjunction with the installation of windows. He went on to say that the C-44 Sheet metal contractor is not equipped to install awnings on high rises and does not install awnings on high rise buildings. Executive Officer Ito asked Mr. Arelliano to submit information on the type of awnings he discussed. He will submit information on the awnings that glaziers install and his written testimony to the Board.

The following agenda item was taken out of order.

6. Conditional License Report: Charlene Tamanaha, Executive Officer

None. Mr. Teves left the meeting at 3:15 pm.

The following matters were deferred due to the loss of quorum.

Committee Reports: 2. Examination Committee:

Kenneth Shimizu, Chairperson

b. Contractors Examination Summary

3. Recovery/Education Fund Committee: c. Education Fund Report

5. Legislative Committee:

Neal Arita, Chairperson


a. Proposed legislation to increase the monetary amount an injured homeowner may recover from the Contractors Recovery Fund. Amends sections 444-26(a) and 444-34, Hawaii Revised Statutes. b. Proposed legislation to allow the Contractors License Board to adjust, reduce, suspend, or cease collection of recovery fund and education fund fees when the fund levels are adequate to carry out the statutory mandates for which the funds were created. Amends sections 444-26(d) and 444-29, Hawaii Revised Statutes.

This proposed legislation also includes similar amendments for the Real Estate Recovery Fund, Real Estate Education Fund and the Condominium Education Trust Fund.

7. Applications Committee Report:

Charlene Tamanaha, Executive Officer b. Alutiiq General Contractors LLC Henry J. Rinnert, RME “A” General engineering

“B” General building

8. Applications Committee: Nicholas W. Teves, Jr., Chairperson

Owner-Builder Exemption Applications

a. Freddie & Stella Foots b. Suzanne Smith c. Beverly Ann Lucchesi e. Ela Harrison f. Cathryn Lau

Correspondence: a. Al Itamoto, Electrical Contractors Association of Hawaii, provided Los

Angeles County Chapter of the National Electrical Contractors Association’s September 2019 Panelboard Newsletter article on battery installation in the State of California.

Next Meeting: Friday, October 18, 2019 Adjournment: Due to a loss of quorum, the meeting was adjourned at 3:15 p.m. Reviewed and approved by: Taken and recorded by:

Contractors License Board Minutes of the September 20, 2019 Meeting /s/ Candace Ito /s/ Faith Nishimura Candace Ito Faith Nishimura Executive Officer Secretary 10/17/19 [X] Minutes approved as is. [ ] Minutes approved with changes. See minutes of ______________________.

CONTRACTORS LICENSE BOARD Professional and Vocational Licensing Division

Department of Commerce and Consumer Affairs State of Hawaii

September 20, 2019

APPLICATIONS COMMITTEE ATTACHMENT

8.a. Request for Change in Business Status:

SC-1 Robert E. Bretschneider, RME Bretschneider Remodeling LLC Licensed: C-5 Cabinet, millwork & carpentry remodeling & repairs

C-33 Painting & decorating Request: Dual status (The Bretschneider Company LLC) Recommend: Approval subject to $5,000 bond

SC-2 Jimmy A. Jones, RME Building 808 LLC Licensed: “B” General Building Request: Dual status (Koa Building & Design Inc.) Recommend: Approval subject to $61,000 bond SC-3 Bruce H.S. Kim, RME Akamai Roofing Inc. Licensed: “B” General Building Request: Dual status (Atlas Construction Inc.) Recommend: Approval SC-4 Shih Jen Lin, RME

Li Jen Lin Licensed: “A” General Engineering

“B” General Building Request: Reactivate Recommend: Approval SC-5 Kevin Shaw, RME Island Tile LLC Licensed: C-51 Tile Request: Reactivate Recommend: Approval SC-6 Adam F. Sutton, RME Isle Builders LLC Licensed: “B” General Building Request: Dual status (Isle Communities LLC) Recommend: Approval

8.b. Request for Waiver of Bond Requirement

-2- WB-1 Distribution Systems Inc. Lanny E. Hoover, RME Licensed: “B” General Building Request: Waiver of $44,000 bond Recommend: Approval

WB-2 Meyerbuilt Construction LLC Tim J. Rosemeyer, RME Licensed: “B” General Building C-5 Cabinet, millwork & carpentry remodeling & repairs C-6 Carpentry framing Request: Waiver of $28,000 bond Recommend: Approval 8.c. Approve applications, subject to all requirements except examinations. Applications 1. All Weather Waterproofing Inc.

A: John R. Moon, RME C-42 Roofing

2. Alert Holdings Group Inc. (Additional classification) Rendell K. Bourg, RME C-13 Electrical C-20 Fire protection

3. Blaisdell Partners LLC Corey I. Miyasato, RME “A” General Engineering “B” General Building

4. Bretschneider Remodeling LLC Robert E. Bretschneider, RME (Dual status – The C-5 Cabinet, millwork & carpentry Bretschneider Company remodeling & repairs LLC) C-33 Painting & decorating Bond: $5,000

5. Faux Kauai LLC Peggy L. Dixon, RME C-33 Painting & decorating

6. Hawaiian Solar Solutions LLC (Additional classification) Neil A. Vieth, RME C-37 Plumbing

7. Island Tile LLC Kevin Shaw, RME (Reactivate) C-51 Tile

8. Isle Builders LLC Adam F. Sutton, RME (Dual status – Isle “B” General Building Communications LLC)

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9. J. E’lectric LLC Jeffrey J. Ebia, RME C-13 Electrical

10. Kahe Construction LLC (Additional classification) Keaka K. Kaahui, RME C-19 Asbestos

11. Bruce H.S. Kim, RME (Dual status - Atlas Akamai Roofing Inc. Construction Inc.) “B” General Building

12. Koa Building & Design Inc. Jimmy A. Jones, RME (Dual status – Building “B” General Building 808 LLC) Bond: $61,000

13. Landan Engineering LLC Vincent E. Fragomene, RME (Dual status -Landan “A” General engineering Construction Inc.) “B” General building C-37f Fuel dispensing C-48 Structural steel

14. Li Jen Lin (Additional classification) Shih Jen Lin, RME (Reactivate) “A” General Building

15. MD Maui LLC (Additional classification) Kale H. Galanto, RME C-19 Asbestos

16. Maui Railing Inc. Tracy C. Hansen, RME C-32 Ornamental, guardrail & fencing

17. Maxgen Energy Services Corporation Kelly L. Fishback, RME C-13 Electrical Bond: $5,000

18. Mellein Builders Inc. Cory D. Mellein, RME “B” General building

19. Prominent Craftsmanship Builders LLC Louis Soon, RME “B” General Building

20. Reef Development of Hawaii Inc. (Additional classification Frederick H. Woolsey, Jr., RME C-48 Structural steel

21. Rizzani De Eccher (USA) Inc. Paolo Longobardi, RME

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“A” General Building

22. Road Bore Corporation Dustin Griffith, RME “A” General Engineering C-15 Electronic systems C-68HD Horizontal drilling & micro-tunneling

23. Shaw Homes LLC Taryn R. Breen, RME “B” General Building

24. Tupu K. Sika (Individual) C-31 Masonry Bond: $10,000

25. Southeast Directional Drilling LLC Robert J. Schaaf, RME C-68HD Horizontal drilling & micro-tunneling Bond: $8,000

Applications Approve applications; subject to all requirements including examinations B: in Parts I and II, except as otherwise noted.

1. AKS Mechanical LLC Jesse M. Sasaki, RME C-52 Ventilating & air conditioning

2. API National Service Group Inc. Benjamin P. McCurdy, RME C-15a Fire & burglar alarm

3. ARCH Builders Contracting LLC Richard M. Campas, RME C-5 Cabinet, millwork & carpentry remodeling & repairs

4. Alliance Welding and Fabrication Limited Liability Company Christopher J. Ra, RME C-56 Welding C-32 Ornamental, guardrail & fencing (approve 8/19) C-44 Sheet metal (withdraw 8/19)

5. CDF Engineering LLC (Additional classification) William J. Sundover, RME C-33 Painting & decorating

6. Comstock Construction Inc. John F. Comstock, RME C-37 Plumbing

7. Concrete Pro Hawaii LLC Edgardo G. Espinoza, RME C-31a Cement concrete Bond: $10,000

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8. Robert J. Croy, RME

Performance Contracting, Inc. C-2 Mechanical insulation C-10 Scaffolding (approve 7/19)

9. DH Contracting LLC Dwight T.K. Ho, RME “B” General Building

10. DMN Flooring LLC Dan M. Nishibe, RME C-21 Flooring

11. Michael Diniega, RME A’s Mechanical & Builders Inc. “B” General Building C-37 Plumbing (defer) C-52 Ventilating & air conditioning (defer)

12. Jeffrey A. Gowan, RME Akamai Roofing Inc. C-42 Roofing

13. Wen Xu Guo “B” General Building

14. Lance D. Hamilton, RME Johnson Controls Inc. C-52 Ventilating & air conditioning

15. Innovative Builders HI LLC Christopher J. Barnard, RME “B” General Building Bond: $5,000

16. The Installation Source Inc. Michael K. McMahan, RME C-25 Institutional & commercial equipment

17. Island Pacific Installers LLC (Additional classification) Garry T.W. Combs, RME C-5 Cabinet, millwork & carpentry remodeling & repairs C-48a Steel door (defer)

18. Ranelle A.K. Kaneao, RME Douglas Emmett Builders Hawaii LLC “B” General Building

19. Kapono Builders LLC Joshua K. Vickrey, RME “B” General Building

20. Daniel I. Kodama, RME Scientel Wireless LLC

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C-15b Telecommunications

21. Patrick W.K. Low, RME Vineyard Investment Realty LLC “B” General Building

22. Magic Island Construction LLC Dale L. Rindlisbacher, RME “B” General Building

23. Mocon Corporation (Additional classification) Angel Briones, RME C-33 Painting & decorating

24. Eldege A. O’Connell, RME Kipahulu Construction LLC “B” General Building

25. Pacific Striping LLC Kyle M. Kamae, RME C-3a Asphalt concrete patching, sealing & striping

26. Erik S. Pounder (Individual) “B” General Building

27. Prime Retail Services Inc. Ernest M. Paoli, RME C-5 Cabinet, millwork & carpentry remodeling & repairs

28. Pro Design Inc. Jonathan C.D. Aninag, RME C-14 Sign C-44b Awnings & patio cover (defer)

29. Railworks Track Services Inc. Timothy L. Scheller, RME “A” General Engineering

30. Jerry K. Sentinella, RME North Shore Painting LLC C-55 Waterproofing C-33 Painting & decorating (approve 8/19)

31. Chad S. Takara, RME MK Electrical LLC C-13 Electrical

32. Zachary A. Taniguchi, RME Akamai Glass Company Inc. C-22 Glazing & tinting

33. Matthew D. Reeves, RME Earthworks Pacific Inc. “A” General Engineering

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34. Derek C. Stattin, RME Snow Country Lodging LLC “B” General Building

Applications Withdraw applications; previously deferred. C:

1. Goodfellow Bros LLC (Additional classification) Matthew L. Heahlke, RME C-34 Soil stabilization C-31 Masonry (approve 8/19) C-31b Stone masonry (approve 8/19)

2. Melvin G. Mings, Jr. (Individual) “A” General Engineering “B” General Building (defer)

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. Robert A. Alduenda III, RME Solar Training Institute Inc. C-13 Electrical

2. Grace Pacific LLC (Additional classification)

Rex M. Tajiri, RME C-27 Landscaping C-31 Masonry C-41 Reinforcing steel

3. Hire A Pro Construction Aaron A. Jones, RME “B” General Building

4. JRM Construction Management West LLC John H. Jackson, RME “B” General Building

5. Northstar Construction Management Company Inc. Howard V. Magnum, RME “B” General Building

6. Pacific Sky Construction LLC Dzmitry Belazerskikh, RME (Dual status – Intero Group C-5 Cabinet, millwork & carpentry Hawaii Inc.) remodeling & repairs

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

1. 2nd Nature Construction LLC Brent M. Cowan, RME “B” General Building

2. AZ’s Best Pipe Doctor Plumbing LLC Christopher M. Rusnell, RME

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C-37 Plumbing

3. Aloha Flooring Limited Liability Company Adam A. Jimenez, RME C-7 Carpet laying C-21 Flooring C-51 Tile

4. Alutiiq General Contractors LLC Henry J. Rinnert, RME (Reactivate) “A” General Engineering “B” General Building

5. Anchor Builders Hawaii LLC

Scott T. Olson, RME “B” General Building

6. Brian L. Anderson, RME SGS Hawaii Inc. C-27 Landscaping

7. Arctic Star Contractors LLC Stephen J. Michaelson, RME C-33 Painting & decorating

8. B & MC Construction LLC Dominic A. Bustillos, RME “A” General Engineering “B” General Building C-31 Masonry

9. BJ’s Excavating & Hauling Co. Inc. Brysson A. Lorenzo, RME C-9 Cesspool C-17 Excavating, grading & trenching (deny 7/19) C-43 Sewer, sewage disposal, drain & pipe laying (withdraw 6/19)

10. CS Builder LLC (Additional classification) Xiande Cao, RME C-37 Plumbing

11. Construction Ahead LLC Reyna Y. Kim, RME “B” General Building

12. Crabbe Services LLC Russell F. Crabbe, RME C-31e Concrete cutting, drilling, sawing, coring & pressure grouting

13. Keolaalakai D. Danner, RME Revolusun LLC C-13 Electrical

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14. Diebold Nixdorf Incorporated Rodney S. Dicion, RME C-15 Electronic systems

15. Dille Handyman Services LLC Justin D. Dille, RME “B” General Building

16. Michael Diniega, RME A’s Mechanical & Builders Inc. C-37 Plumbing C-52 Ventilating & air conditioning “B” General Building (approve)

17. EX Machina Builders LLC Benjamin D. Gilliland, RME “B” General Building

18. Ed’s Plumbing Repair & Remodel LLC Edward J. Wirtz IV, RME C-37 Plumbing

19. Daniel S. Ellis, RME British Hawaiian Industries Ltd. “B” General Building

20. Ellisdon Hawaii Infrastructure LLC Glen E. Chen-See, RME “B” General Building

21. Zhe Fang (Individual) “B” General Building

22. Fannco Builders LLC Kevin Fanning, RME “B” General Building

23. Fediuk Homes Inc. (Additional classification) David S. Fediuk, RME “A” General Engineering C-41 Reinforcing steel

24. Finishing Edge Hawaii LLC Erik A. Hammer, RME (Dual status – Finishing C-31a Cement concrete Edge Curb & Sidewalk LLC)

25. Frazee Inc. Charles J. Frazee, RME C-5 Cabinet, millwork & carpentry remodeling & repairs C-7 Carpet laying C-33 Painting & decorating C-51 Tile

26. Goodfellow Bros LLC (Additional classification)

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Bryan McKuin, RME C-23 Gunite C-37 Plumbing C-55 Waterproofing

27. Ground Control of Hawaii Unlimited Inc. Jonathan Prior, RME “A” General Engineering

28. Grund & Company Inc. Stacey A. Grund, RME C-33 Painting & decorating

29. HBR Builders Corporation Daniel K.Y.F. Chong, RME (Reactivate) “A” General Engineering “B” General Building

30. HI Quality Construction LLC Daniel S. Miraglia, RME “B” General Building

31. Hanai Brothers Plumbing LLC Eric R. Triphahn, RME C-37 Plumbing

32. Hawaii Island Lawns LLC Joseph Pereira, RME C-27 Landscaping

33. Patrick D. Hite (Individual) C-68TN Communication tower

34. Holu Hou Energy LLC Matthew C. Kunau, RME C-13 Electrical

35. Ho’onani Landscaping Ltd. Vernon K. Nishimura, RME C-27 Landscaping C-68FF Synthetic field surface

36. Joshua K.C. Hudman, RME Kaleau Electric Corporation C-62 Pole & line

37. I Love Construction Inc. Xan Chen, RME “B” General Building C-13 Electrical C-37 Plumbing

38. Eric Y. Inouye, RME (Dual status – Western

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Western Pacific Mechanical & Plumbing Pacific Mechanical Inc.) C-4 Boiler, hot-water heating, hot water (Additional classification) supply & steam fitting C-5 Cabinet, millwork & carpentry remodeling & repairs C-37 Plumbing C-52 Ventilating & air conditioning

39. Island Pacific Installers LLC (Additional classification) Garry T.W. Combs, RME C-48a Steel door C-5 Cabinet, millwork & carpentry remodeling & repairs (approve)

40. Jones Lang Lasalle Americas Inc. Sean W. Konishi, RME “B” General Building

41. K&S Builders Inc. Wesley L. Smith III, RME “B” General Building C-9 Cesspool

42. John Kim (Individual) “B” General Building

43. Darrin K. Laepaa (Individual) C-13 Electrical

44. Austin D. Lord, RME Daniel M. Lord C-13 Electrical

45. John W. Makoff, RME Goodfellow Bros LLC C-27 Landscaping C-41 Reinforcing

46. Graeme D. Mankelow (Individual) (Additional classification) C-32 Ornamental, guardrail & fencing

47. Market Contractors Ltd. Jeffrey D. Napier, RME “B” General Building

48. Rebecca K. Mench, RME Concept 2 Completion LLC “B” General Building

49. Mid-America Pool Renovations Inc. Austin D. Kateusz, RME C-49 Swimming pool

50. Melvin G. Mings, Jr. (Individual) “B” General Building

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“A” General Engineering (withdraw)

51. Corey S. Morihara (Individual) “B” General Building

52. Elton K. Nakamura (Individual) C-31 Masonry

53. Nan Inc. (Additional classification) Fooney Freestone, RME (Reactivate) C-4 Boiler, hot-water heating, hot water supply & steam fitting C-16 Elevator C-16a Conveyor systems

54. Timothy G. Olson (Individual) (Additional classification) “B” General Building

55. PACM Hawaii LLC Brandon E. Eberhardt, RME “B” General Building

56. PLLS Corp. Niall M. Scully, Jr., RME C-33 Painting & decorating

57. Zoltan Pal (Individual) C-33 Painting & decorating

58. Jiafa Pan (Individual) (Additional classification) “A” General Engineering C-33 Painting & decorating C-48 Structural steel

59. Place Services Incorporated Troy S. Place, RME “B” General Building

60. Pro Design Inc. (Additional classification) Jonathan C.D. Aninag, RME C-44b Awnings & patio cover C-14 Sign (approve)

61. Qualified Plumbing Inc. (Additional classification) Eleot K.M. Kaipo, RME C-20 Fire protection

62. Romy M.T. Ruaburo, RME Belmor B. Bautista C-42 Roofing

63. SC Construction LLC Sammy W. Moniz, RME

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C-31a Cement concrete C-56 Welding

64. SNM Builders LLC (Additional classification) Shaun S. Matsuura, RME C-5 Cabinet, millwork & carpentry remodeling & repairs

65. SRS Pacific LLC Nicholas S. Sissine, RME C-5 Cabinet, millwork & carpentry remodeling & repairs

66. Richard J. Sargent (Individual) “B” General Building

67. Natahsha L. Shinyama, RME Kama’aina Flooring LLC C-7 Carpet laying C-21 Flooring

68. Jacob R. Simms, RME RLE Inc. “B” General Building

69. Jason Skaggs (Individual) “B” General Building

70. Solartech Hawaii LLC Kaimi Chung, RME (Dual status – Walter’s C-13 Electrical Electric Inc./La’akea Solar Technology LLC/Lokahi Construction LLC)

71. Suda Shades & Design LLC Ryan C. Suda, RME C-44b Awnings & patio cover

72. Benjamin R. Teisina (Individual) “B” General Building

73. Shawn S. Thomas, RME Jacobsen Construction Company Inc. “B” General Building

74. Melissa M. Treptow, RME Allied Electric Limited Liability Company C-13 Electrical

75. Unified Field Services Corporation Chadwick J. Johnson, RME C-33 Painting & decorating

76. United Roofing and Rain Gutters LLC

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Allen B. Acosta, RME C-42 Roofing C-44a Gutters C-61 Solar power systems

77. Juan E. Uribe (Individual) C-13 Electrical

78. Viking Advanced Finishes LLC (Additional classification) Daniel W. Donohue, RME C-1 Acoustical & insulation C-36 Plastering

79. Christopher M. Warner, RME Mears Group Inc. “A” General Engineering

80. Xiaowen Xue (Individual) “B” General Building

81. YB Builders LLC (Additional classification) Yvette W. Burdett, RME “B” General Building

82. Ken S. Yamamoto (Individual) C-7 Carpet laying C-21 Flooring C-51 Tile

83. John M. Yoo (Individual)

“B” General Building

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