12-30-2009, 01:14 PM
Bob,
The State of Hawaii was cited by the Supreme Court for waiving state taxes on Hawaii distilled and brewed spirits while placing a tariff on Spirits brought into the State. Though not directly related, it's a like type unequal application of Statute.
So good work, but… it’s a matter that still requires judicial review, just as the rights argument would. What you pointed out may be why most states do not require the O/B to use licensed contractors, because if they require one trade, legally speaking they must require all trades and they know they will never get away with stopping people from doing the structural aspects, so, it becomes a taboo issue.
HVAC
Technically speaking on HVAC, the only part that falls under the Plumbing or Electrical trades are the aspects of the service hookups to the Thermal Appliance in question. That can vary for appliance type. Though the state may have wormed its way around this too, I don't know for sure. HVAC is technically a trade unto its own specialty and the manufacturers of the appliances will only provide warranties if installed by licensed HVAC technicians, so, the point is mute if one wants a warranty on the appliance, regardless of the legislative position regarding installation. The warranty does not consider or include the ductile work aspect (which is 95% of the physical work involved in a new construction application), only the installation of the appliances themselves are warranty related.
E ho'a'o no i pau kuhihewa.
The State of Hawaii was cited by the Supreme Court for waiving state taxes on Hawaii distilled and brewed spirits while placing a tariff on Spirits brought into the State. Though not directly related, it's a like type unequal application of Statute.
So good work, but… it’s a matter that still requires judicial review, just as the rights argument would. What you pointed out may be why most states do not require the O/B to use licensed contractors, because if they require one trade, legally speaking they must require all trades and they know they will never get away with stopping people from doing the structural aspects, so, it becomes a taboo issue.
HVAC
Technically speaking on HVAC, the only part that falls under the Plumbing or Electrical trades are the aspects of the service hookups to the Thermal Appliance in question. That can vary for appliance type. Though the state may have wormed its way around this too, I don't know for sure. HVAC is technically a trade unto its own specialty and the manufacturers of the appliances will only provide warranties if installed by licensed HVAC technicians, so, the point is mute if one wants a warranty on the appliance, regardless of the legislative position regarding installation. The warranty does not consider or include the ductile work aspect (which is 95% of the physical work involved in a new construction application), only the installation of the appliances themselves are warranty related.
E ho'a'o no i pau kuhihewa.