Chapter 01 — Contractors

The contractors licensing board and contractor license administrator derive their authority from Chapter 31.05 ASCA, in general, and 31.0503 and 31.0504 ASCA, in particular. The rules codified in this article are promulgated pursuant to 31.0503 (1) and (2) ASCA. History: Contract…

The contractors board interprets the interest of the legislature in enacting Chapter 31.05 ASCA to be the protection of the health, safety, and general welfare of all those persons dealing with individuals engaged in the contracting vocation and the affording to such individuals …

The contractors licensing board views the responsibilities of the contractors licensing board in relation to the board of tradesmen examiners as follows: (a) The contractors licensing board’s primary interest is as set out in 31.0102. It thus is concerned with the protection of t…

The board interprets its functions and the function of the administrator as follows : (a) Administrator. The administrator is responsible for the day-to-day administration of the contractors licensing law and this chapter. His authority is set out in 31.0505 ASCA and 31.0530 of t…

For purposes of this chapter, the words below shall be defined as follows : (a) “Administrator” means the contractor license administrator. (b) “Board” means the contractors licensing board. (c) “Contractor” means any person, firm, copartnership, corporation, association, or othe…

Pursuant to 31.0506 ASCA, no person, firm, copartnership, corporation, association, or other association, or any combination of any thereof, whether locally or foreign in origin, shall engage in the business or act in the capacity of a contractor without having a contractor’s lic…

(a) Pursuant to 31.0507 ASCA there shall be 3 classifications of contractors’ licenses: (1) General engineering contractor’s license; (2) General building contractor’s license; (3) Specialty contractor’s license. (b) Maximum bid classifications are established for general enginee…

A contractor’s net worth, as reflected on his financial statement, multiplied by 4 shall be the basis for ascertaining the bid classification which shall apply to each general engineering or general building contractor. Such contractor may contract within the maximum amount of hi…

All applications for a general contractor’s license or specialty contractor’s license shall be submitted to the administrator and shall be made upon a form supplied by the administrator. Such application shall contain the following information or items and such other and further …

No license shall be issued to any person not legally eligible to enter into a contract binding on all parties, or to any copartnership of which a member is so ineligible, or to any corporation, officer, director which is not eligible, or to any other type of business organization…

The administrator may deny any application, if insufficient, for the following reasons: the applicant has not supplied the required information, references, or financial statement. In this event, the administrator shall return the application form and fee with a letter advising t…

Since the administrator shall advise the applicant by letter if he finds that the application is insufficient for any reason set out in 31.0111, there shall be no review whatsoever of the administrator’s decision in this context except for arbitrary or capricious denial by the ad…

(a) Licensees may obtain supplemental licenses authorizing contract work beyond that covered by the original license. For example, a license to do plumbing contracting may be taken out as a supplemental license to a general building license. It should also be noted that more than…

(a) Every applicant for an original contractor’s license shall be required to take the examination prepared and administered by the administrator or his designee. (b) There shall be 2 types of examinations: a specific examination which shall be one approved and required for a par…

Applicants for contracting licenses must possess the following experience and provide satisfactory proof thereof to the administrator. (a) Every applicant for a contractor’s license or the applicant’s responsible managing employee in the care of a general building contractor’s li…

(a) The administrator shall deny an application for a con tractor’s license : (1) if the applicant fails to make a sufficient application as more fully explained in 31.0 109; (2) if the applicant fails either the general or specific examination or the person designated as the res…

(a) Each contractor shall submit to the administrator, for his and the board’s use, a certified yearly financial statement. Such statement shall be due and submitted in conjunction with the contractor’s application for a business license pursuant to Chapter 27.02 ASCA. (b) In add…

(a) A joint venture on a construction project is permissible and joint ventures are divided into 2 classifications: (1) Joint venture on performance of work: This type of joint venture is permissible provided all parties to the joint venture hold contractor’s licenses in the prop…

(a) Any person who advertises or puts out any sign or card or other device which would Indicate to the public that he is, within the meaning of the law, a contractor, who causes his name or business namestyle to be included in a classified advertisement or directory under a class…

If the individual qualifying by an examination of his experience and knowledge ceases for any reason whatsoever to be connected with the licensee to whom the license is issued, the licensee shall notify the administrator in writing within 10 days from such cessation, disassociati…

(a) Pursuant to 31.0505 (3) ASCA, the following fees are established as guidelines for the administrator: (1) Application fee for an original contractor’s license $25: (2) Annual renewal fee for contractor’s license $25; (3) Renewal fee if renewal application is made after 1 Janu…

In cases where an applicant for an original license has previously been licensed either as an individual, a member of a license partnership, or as an officer of a licensed corporation and the prior license has never been suspended or revoked and there is no disciplinary proceedin…

In addition to duties otherwise provided for by the contractors law and this chapter, the licensee is responsible for the following: (a) Licensees shall advise the administrator within 30 days of any change of address. (b) A contractor’s license issued under the provisions of the…

(a) Each license issued under this article shall be in effect, unless suspended, modified, or revoked pursuant to Chapter 31.05 ASCA or this article, until 31 December of the year issued. At that date all licenses lapse automatically unless renewal application has been made and f…

The administrator shall mail to every licensee, between 15 Nov and 15 Dec each year, at such licensee’s address of record with the administrator, a renewal application form approved by the board. The renewal application form or any accompanying sheet shall contain instructions to…

(a) All licensees must file a renewal application on or before 31 Dec of each year in order to keep the license in good standing. Filing an application after 31 Dec will require payment of double the regular renewal fee. Delinquent renewals may be redeemed on such a basis for 6 m…

In cases in which a renewal application on file as of 1 Jan of any year is insufficient in the respect that it is not accompanied by the proper fee, or the fee if sent is not accompanied by the prescribed renewal application form, the license shall be suspended and no renewal lic…

In cases in which the renewal application has a minor defect such as where the applicant has failed to sign the application form or to complete it in some minor respect, the applicant shall be deemed to have substantially complied with the requirements for filing renewal applicat…

Renewal fees shall be paid at the revenue division of the ASG and shall be according to schedule set out in 31.0121. History: Contractors Lic. Bd. Reg. 3.05, eff 12 Feb 73.

Pursuant to 31.0505 (4) ASCA, the administrator may take any lawful administrative action necessary to accomplish the purpose of the Contractors Licensing Law and this chapter. Such action may be, but is not limited to, the following: (1) To investigate the qualifications and bus…

(a) The administrator may revoke any license issued hereunder, or suspend the right of the licensee to use such licenses, or refuse to renew any such license for any of the following causes: (1) Knowingly contracting beyond the scope of the license or licenses of licensee; (2) Kn…

Pursuant to 31.0515 ASCA, any applicant or licensee whose license is refused, revoked, suspended, modified, or limited by the administrator, or who receives other adverse action by the administrator, shall be entitled to a written copy of the administrator’s decision setting fort…

Pursuant to 31.516 ASCA, any applicant or licensee who receives any adverse action by the administrator as provided in 31.0515 ASCA shall be entitled to a hearing before the board if he files a written request for a hearing with the board within 10 days after receiving a copy of …

(a) Pursuant to 31.0503(d) ASCA, the board has power to hold hearings, to compel the attendance and testimony of witnesses, to order the production of documents and other tangible evidence, to administer oaths, and to cite for contempt. (b) Subsequent to a hearing upon an appeal …

Pursuant to 31.0517 ASCA, any applicant or licensee whose license is limited, refused, suspended, or revoked by the board or who receives other adverse action by the board shall be entitled to a written copy of the board’s decision setting forth the facts and reasons on which the…

Pursuant to 31.0518 ASCA any applicant or licensee aggrieved by a decision of the board may petition the appellate division of the High Court of American Samoa to review the decision. A copy of the petition shall be served on the board within 30 days. After service of the petitio…

After suspension of the license upon any of the grounds set forth in this article or in the Contractors Licensing Law, the administrator may reinstate the license upon proof of compliance by the contractor with all provisions for reinstatement. History: Contractors Lic. Bd. Reg, …

After revocation of a license upon any of the grounds set forth in this article or in the Contractors Licensing Law, the license shall not be reinstated or reissued within a period of 1 year after the final decision of revocation, and then only on proper showing that all loss cau…

(a) It should be pointed out that licenses issued by the administrator relate only to the contracting of the work itself and have nothing to do with other sections of the territorial law requiring specific professional or trade qualification to do certain types of work. For examp…

A general engineering contractor’s license shall authorize the licensee to engage principally in the contracting business in connection with’ fixed works for any or all of the following: irrigation, drainage, water power, water supply, flood control, inland waterways, harbors, ra…

A general building contractor’s license shall authorize the licensee to engage principally in the building or superintendence of the building of any structure for support, shelter, and enclosure of persons, animals, chattels, or movable property of any kind. A general building co…

A licensee classified as a general building contractor, as defined in 31.0509 ASCA, shall not enter into a contract unless the same requires more than 2 unrelated ‘building trades or crafts or; unless he has qualified for the particular specialty classification or classifications…

(a) A specialty contractor’s license may be issued the licensee to engage in contracting for l or more unrelated and generally recognized building trades for which he is competent, each of which shall be specified in the license. A specialty contractor’s license may also be issue…

(a) The construction industry has untold specialized trades and crafts; to establish separate classifications would require the establishment of many more classifications than set forth in this article. Therefore, the declared policy of the administrator and the board is to estab…

Steamfitting and boiler work means to install fire-tube and water-tube steel power boilers, including all steam filling and piping, fittings, valves, gauges, pumps, radiators, convectors, fuel oil tanks, fuel oil lines, chimneys, flues, heat insulation, and all other devices, app…

Cabinet work and millwork means to select, cut, surface, join, stick, glue, and frame wood and wood products, in such a manner that, under an agreed specification, acceptable cabinet, case, sash, door, trim, nonbearing partition, and such other mill products as are by custom and …

Carpentry means to select, grade, cut, join, fabricate, combine, and frame wood and wood products for structural and finish purposes in a structure or building, including forming and pouring concrete foundations, hanging doors and windows, fabricating cabinets and fixtures relati…

Carpet work means to examine surfaces and specify the preliminary and preparatory work necessary to bring such surfaces to a condition where, under an agreed specification, acceptable fabric floor coverings can be executed thereon to form an acceptable finished floor and to use o…

Cement and concrete work means to proportion, batch, and mix aggregates consisting of sand, gravel, crushed rock, or other inert materials having clean uncoated grains of strong and durable minerals, cement, and water or to do any part or any combination of any thereof, in such a…

Ceramic tile work means to examine the surfaces and specify and execute the preliminary and preparatory work necessary to bring such surfaces to a condition where burned-clay tile work can be executed thereon by first preparing a base or subsurface for such tile, which tile will …