Title 37
Public Property and Works

Chapter 2
State Purchases

§ 37-2-82. Utilization of North American Contractor Certification companies. [Effective until January 30, 2025.]

(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.

§ 37-2-82. Utilization of North American Contractor Certification companies. [Effective January 30, 2025.]

(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 chapter. 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 chapter 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 chapter 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.