American Samoa Administrative Code

Excavating and grading means to dig, move, and place material forming the surface of the earth, other than air and water, in such a manner that a cut, fill, excavation, grade, trench, back- fill, and any similar excavating, grading, and trenching operation, can be executed with t…

Floor covering 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 finished floors can be installed with the use of composition materials and fabrics and s…

Masonry means to select, cut, and lay precast cinder or concrete blocks, brick, and other baked clay products, rough, cut, and dressed stone, artificial stone, structural glass brick or block, laid at random or in courses, with or without mortar, or to do any part, or any combina…

Painting means to examine surfaces and specify and execute the preliminary and preparatory work necessary to bring such surfaces to a condition where, under an agreed specification, acceptable work can be executed thereon with the use of any or all of the following: paints, pigme…

Structural pest control means to examine a building or structure for damage effected by termites and other similar pests, and to specify the work necessary to bring the building or structure into an adequate condition for occupancy and usage by the removal, treatment, repair, and…

Plastering and lathing means the coating of surfaces with a mixture of sand, gypsum, plaster, quicklime or hydrated lime and water, or sand and cement and water, or a combination of such other materials as create a permanent surface coating, and which coatings are usually applied…

Plumbing means the creating and maintaining of sanitary conditions in buildings, structures, and works where people or animals live, work, and assemble, by providing a permanent means for a supply of safe, pure, and wholesome water, ample in volume and of suitable temperatures fo…

Refrigeration and air-conditioning means to examine, specify, layout, install, and maintain devices, machinery, and all such pertinent and appropriate units and parts necessary to the operation and control and/or regulation of air temperatures in refrigerators, refrigerated rooms…

Roofing, siding, insulation, and waterproofing 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 work can be executed and fabricated thereon with such materia…

Sewer installation means to fabricate and lay cast-iron, steel, concrete, vitreous, and nonvitreous pipe which receives the discharge of the building drain at a point 3 feet beyond the outside wall of a building and conveys it to a public sewer, private sewer, or individual sewag…

(a) Sheet metal work means to layout, design,. fabricate, and install ducts, registers, air filters, humidity and thermostatic controls, ventilating systems complete with blowers, ducts, plenum chambers, and registers, with or without air filters and humidity and thermostatic con…

Steel reinforcing and erection means to fabricate, place, and tie steel reinforcing bard (rod) and to erect structural steel shapes and plates, of any profile, perimeter, or cross-section, that are or may be used to reinforce concrete or as structural members for buildings and st…

Stone masonry means to select, cut, and lay natural or artificial stone, either rough or cut-and-dressed stone, laid at random, with or without mortar, or to do any part or any combination of any thereof, in such a manner that, under an agreed specification, acceptable stone maso…

Structural tank work means to fabricate, place, and erect structures for the purpose of retaining liquids, solids, or gasses either above or below the ground, but shall not include the work of a general engineering contractor as defined in this article. History: Contractors Lic. …

Welding means to use gases and electrical energy to create temperatures of sufficient heat to cause metals to become permanently affixed, attached, joined, and fabricated in such manner that welding can be executed. History: Contractors Lic. Bd. Classification of Contractors’ Lic…

Building contractors who engage the services of others as employees are required to have an employer identification number (EIN). Apply for such a number at the tax office. History: Contractors Lic. Bd. Tax and Social Security Requirements, eff 12 Feb 73, § 1.

(a) Samoan. Employers are required by law to withhold from wages of employees Samoan taxes in accordance with prescribed rates. Rates are obtainable from the tax office. (b) Social Security. Employers are required to withhold from wages of employees social security taxes. Contrac…

The social security laws which are applicable in American Samoa require employers to contribute toward the social security benefits of the employees. Rates of employer contributions are equal to rates of taxes withheld from employees. For more detailed explanation consult the loc…

All employers are required by law to file reports and pay taxes to the tax office on or before the last day of the month following the end of each quarter. The quarters end on 31 Mar, 30 Jun, 30 Sep, and 31 Dec. Employers registered with the tax office will be provided quarterly …

For licensing purposes it is required that all back tax returns be flied and taxes which have not been paid to the government be paid in full. History: Contractors Lic. Bd. Tax and Social Security Requirements, eff 12 Feb 73, § 5.

Before obtaining or renewing a business license, any person, partnership, or corporation must first secure workmen’s compensation insurance. This type of insurance provides for salary compensation or awards for employees who are injured on the job or while traveling between work …

The insurance may be obtained from any insurance carrier licensed to do business in the territory of American Samoa. The cost of the insurance is computed on the basis of the type of work or service to be performed and an estimate of the total annual payroll. The total cost of th…

Failure to obtain the compensation insurance or comply with the provisions of the Workmen’s Compensation Act may result in the revocation of the business-license or a severe fine. History: Contractors Lic. Bd. Workmen’s Compensation Act, eff 12 Feb 73, (part).

More detailed information for employees and employers may be obtained from the workmen’s compensation commission or any insurance carrier who handles compensation insurance. History: Contractors Lic. Bd. Workmen’s Compensation Act, eff 12 Feb 73, (part).

No alien shall engage in any employment unless the immigration board has previously granted him entry permission for the purpose of the specific employment involved. An alien shall not work for any employer other than his sponsoring employer. History: Contractors Lic. Bd. Immigra…

A sponsoring employer may be a U.S. national or an established business in American Samoa. Every alien who receives entry permission from the immigration board for the purpose of engaging in employment must be sponsored by his employer. The alien and his sponsoring employer shall…

No entry permission shall be granted for the purpose of employment unless the sponsoring employer satisfies the immigration board that it is not possible to recruit a qualified American Samoan for the position involved and that reasonable steps are being taken by the sponsoring e…

This chapter shall not apply to: (1) An officer or employee of the United States, the state, or any political subdivision if the project or operation is performed by employees thereof; (2) Any person acting as a receiver. trustee in bankruptcy, personal representative, or any oth…

The rules set out in this chapter are issued pursuant to the authority granted the board of registration for professional surveyors by 31.0603 ASCA. History: Rule 9-76, eff 24 Aug 76, Bd. of Reg. for Prof. Surv. Rules and Regs. § 1.

As used in this chapter: (1) “professional surveyor” means one who is certified to practice surveying as defined in this section; (2) “board” means the board of registration for professional surveyors; (3) “chairman” means the chairman of the board, who is by statute the director…

(a) Any person practicing or offering to practice land surveying in this territory shall submit evidence that he is qualified to practice and shall be registered under this section. It is unlawful for any person to practice, offer to practice, or represent himself as a land surve…

(a) An application for registration as a professional surveyor shall be made to the board on the form prescribed by it, with all statements therein made under oath, and shall be accompanied by the application fee fixed by 31.0604 ASCA. (b) The applicant for full-term registration…

(a) Any certificate issued under this chapter shall remain in effect until 31 Dec next following date of issuance of the certificate. (b) Any registered professional surveyor certified under this chapter who wishes to continue the practice of his profession into the next calendar…

(a) Monuments set shall be sufficient in number and durability and efficiently placed so as not to be readily disturbed and to assure, together with monuments already existing, the perpetuation of facile reestablishment of any points or lines of the survey. Any monument set by a …

(a) Within 90 days of the establishment of points or lines, the registered professional surveyor must file with the survey branch manager copies of the record of survey relating to land boundaries or property lines which disclose any of the following: (1) Material evidence which,…

(a) The board shall, within its statutory limitations, enforce all provisions of this chapter and pursue the prosecution, where applicable, of all violators of this chapter. (b) By majority vote, the board may revoke or suspend for a period not to exceed 2 years the certificate o…

All previously adopted rules of the board are hereby superseded in their entirety and are no longer in effect. History: Rule 9-76, eff 24 Aug 76, Bd. of Reg. for Prof. Surv. Rules and Regs. § 9.

The board of tradesmen examiners derives its authority from Chapter 31.07 ASCA in general and 31.0704 ASCA, Board-Powers, in particular. The rules codified in this chapter are promulgated pursuant to 31.0704(I) ASCA. History: Bd. of Tradesmen Examiners Regs., eff 28 Dec 72, Reg. …

The board of tradesmen examiners construes its purpose as one of protecting the health, safety, and general welfare of all these persons dealing with persons who are engaged in supplying of services of tradesmen as defined in 31.0705 ASCA. The laws and rules promulgated pursuant …

The board of tradesmen examiners views its responsibilities in relation to the contractors licensing board as follows: (a) The contractors licensing board’s primary interest is as set out in 31.0102. Such board is thus concerned with the protection of the general public from unqu…

When used in this chapter, the following words shall be defined as follows: (a) “Board” means the board of tradesmen examiners. (b) “Certificate” means the tradesmen’s certificate issued by the board to an applicant who has fulfilled all qualifications for any trades set out in 3…

No person shall conduct any business or operate as a tradesman without being rust licensed by the board and having a tradesmen’s certificate issued for the trade or trades approved by the board, nor shall such person put out any sign or card or other device, or advertise by news …

All persons desiring to be licensed as a tradesman must apply to the board upon a form prepared and supplied by the board and must pay the fee required by 31.0312. In addition to other information deemed necessary by the board, the applicant shall supply the following: (a) Name, …

Before considering an application by an alien the board shall require evidence from such alien that all immigration laws and rules have been complied with for such alien ‘s entry into American Samoa and his employment within American Samoa. History: Bd. of Tradesmen Examiners Reg…

(a) Each applicant for a tradesmen certificate shall, before a certificate may be issued to him, give the information required in the application form as prescribed by the board, furnish the references required as to the applicant’s ability to perform the trade applied for, the a…

(a) Examinations for the trade or trades applied for shall be administered by the board, a designated member of the board, or another person designated by the board. Examinations shall be in such foffi1 as the board prescribes and shall be based upon academic and/or practical exp…

Each applicant shall be notified in writing by the board as to whether he has passed or failed. If a failing grade is issued, such notification shall give specific reasons for such failure in such form so that the applicant may best prepare to retake the examination. History: Bd.…

The applicant for a tradesmen certificate shall furnish evidence of having completed a course from an approved trades school and have had at least 1 year experience in such trade or have had at least 3 years experience in such trade, and be capable of providing proof of competenc…

The fees prescribed by this chapter are fixed by the board as follows: (a) Application for examination…………………………………………$1; (b) Original nongovernment trade certificate ……………………….$5; (c) Duplicate certificate………………………………………………….. $3; (d) Renewal of a certificate………………………………………………$1…

A duplicate certificate to practice a trade, replacing one which has been lost, destroyed, or mutilated, may be issued subject to the rules of the board. The duplicate certificate fee fixed by the board shall be charged for such issuance. History: Bd. of Tradesmen Examiners Regs.…