You asked about a law taking effect January 1, 2002 regarding the licensing of glass installers. Specifically, you asked (1) if glass installers must be licensed by the Department of Consumer Protection (DCP) as of that date, (2) whether dealers and repairers can only employ licensed glass installers, and (3) what the department has done to notify glass companies of this requirement.

SUMMARY

January 1, 2002 is the earliest date on which DCP can begin licensing automotive and flat glass workers, including glass installers. The law completely exempts some installers from licensing requirements, but non-exempt installers must possess either a license or apprentice's permit to practice their trade.

However, DCP and the state Labor Department are still in the process of developing the licensing and apprenticeship programs, respectively. The Examining Board for Automotive Glass Work and Flat Glass Work, which must authorize licensure, is not scheduled to hold its first meeting until late January 2002.

The law also contains conflicting, contradictory information with respect to who must test for licensure beginning January 1, 2002. One provision creates a one-year exemption for people with two or three years of relevant experience, while an other does not.

Where such a conflict exists, the rules of statutory construction require (1) the statute to be read in whole, not in part, and (2) a review of the legislative history. Applying these rules, it appears that the legislature intended to create the exemption. This conclusion is consistent with the department's plan that installers be licensed starting January 1, 2003. DCP plans to work with trade associations, the motor vehicle department, and other groups to notify glass installers of the new requirements.

LICENSING GLASS INSTALLERS

PA 99-170 required occupational licenses for contractors and journeymen engaged in automotive glass and flat glass work. People seeking licensure must pass a licensing exam or complete an apprenticeship program. It defined "automotive glass work" as installing, maintaining or repairing fixed glass in motor vehicles. It defined "flat glass work" as installing, maintaining, or repairing glass in residential or commercial structures.

The act created a nine-member licensing board within DCP, set licensing criteria, and granted a number of licensing exemptions. It authorized the licensing board to issue licenses without requiring a test or apprenticeship between October 1, 2000 and September 30, 2001, but PA 01-66 delayed the start of this one-year period, which now starts January 1, 2002 and ends December 31, 2002. Beginning January 1, 2002, the board can issue (1) an unlimited contractor's license to anyone who has worked as a journeyman for at least three years or (2) an unlimited journeyman's license to anyone who has worked as a journeyman for at least two years. They do not need to take a test or complete an apprenticeship program.

Installers who would not have the requisite experience by December 31, 2002 must meet new licensing requirements that take effect January 1, 2002. The requirements for an unlimited contractor's license include a minimum of three years of journeyman experience. Because applicants with three years' journeyman experience are exempt from licensing between January 1, 2002 and December 31, 2002, these requirements would apply to applicants for unlimited contractor's licenses beginning January 1, 2003.

Starting on that date, applicants also must (1) furnish the board with satisfactory evidence of education and experience and (2) pass a competency examination. If the applicant has worked as a journeyman out of state, he must furnish evidence that his service was comparable to similar service here.

Applicants for an unlimited contractor's license who do not have three years' experience as of December 31, 2002 may obtain the necessary experience by obtaining an apprentice's permit and working under the supervision of a licensed contractor or journeyman (CGS § 20-334a(4)).

Starting January 1, 2002, applicants for an unlimited journeyman's license must (1) complete a bona fide apprenticeship program as required by the board and (2) pass a licensing exam.

Exemptions

Not all glass installers must obtain a license. Exempt are: (1) federal, state, or municipal employees; (2) employees of industrial firms whose main duties concern the maintenance of automotive glass or flat glass on the firm's own premises; (3) people who make glass products used in producing goods sold by industrial firms; (4) people who install, maintain, or repair glass in their own single-family residences; (5) people who install, maintain, or repair glass in motor vehicles they own or lease; (6) glass product retailers other than those engaging in automotive or flat glass work; (7) people who install pre-glazed or pre-assembled windows or doors in residential or commercial buildings; and (8) registered home improvement contractors who install safety-backed mirror products or who repair or replace flat glass in residential buildings in sizes up to 30 square feet (CGS § 20-340).

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