§ 37-2-82. Utilization of North American Contractor Certification companies.
(a) All public works renovation projects that exceed an aggregate amount of one million
dollars ($1,000,000), and all new construction projects that exceed an aggregate amount
of five million dollars ($5,000,000), that include glazing work, shall have glazing
work performed by North American Contractor Certification ("NACC�) certified companies
and initially, on and after July 1, 2024, shall have one architectural glass and metal
technician ("AGMT�) certified worker employed by the company or contractor. On and
after January 1, 2025, each crew performing work that meets the criteria of this section
shall have one AGMT certified worker on site. On and after January 1, 2026, for each
crew performing work that meets the criteria of this section, twenty-five percent
(25%) of that crew shall be comprised of AGMT certified individuals on site. On and
after January 1, 2027, for each crew performing work that meets the criteria of the
section, fifty percent (50%) of that crew shall be comprised of AGMT certified individuals
on site.
(b) As used herein, the term "glazing work� includes, but is not limited to, replacement
and installation of windows, curtain walls, interior glass partitions, glass handrails,
aluminum entrances, skylights, store fronts, and general installation of architectural
glass and metal.
(c)(1) The department of labor and training shall enforce the provisions of this section.
If the director, or designee, determines that a violation of these provisions has
occurred, the director, or designee, shall order a hearing at a time and place to
be specified, and shall give notice, together with a copy of the complaint or the
purpose thereof, or a statement of the facts disclosed upon investigation, which notice
shall be served personally or by mail on any person, business, corporation, or entity
of any kind affected thereby.
(2) The person, business, corporation, or entity shall have an opportunity to be heard
in respect to the matters complained of at the time and place specified in the notice.
(3) The hearing shall be conducted by the director, or designee. The hearing officer in
the hearing shall be deemed to have jurisdiction and dispositive authority to hear
and adjudicate the matter, and shall have the right to issue subpoenas, administer
oaths, and examine witnesses. The enforcement of a subpoena issued under this section
shall be regulated by civil practice law and the rules of civil procedure. The hearing
shall be expeditiously conducted and upon such hearing the hearing officer shall determine
the issues raised and shall make a determination and enter an order within thirty
(30) days of the close of the hearing, and forthwith serve a copy of the order, with
a notice of the filing, upon the parties to the proceeding, personally or by mail.
(4) The order shall dismiss the complaint or determine that a violation of the provisions
of this section occurred. The order shall represent a final action by the department
of labor and training.
(d) Any contractor or subcontractor determined to have violated the provisions of this
section shall be subject to a civil penalty of not less than one thousand five hundred
dollars ($1,500) and not greater than three thousand dollars ($3,000), and shall be
subject to the revocation of any relevant professional or occupational license, if
the violation is deemed to have been intentional or egregious.
(e) This section is applicable to all public works projects that fit the other criteria
as provided in this section.