H.B. 401 Enrolled

1

MASTER PLUMBER LICENSING
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: James A. Dunnigan
5 Senate Sponsor: Scott K. Jenkins
6 Cosponsors:
7 Sheryl L. Allen
8 Sylvia S. Andersen
9 Jim Bird
10 Jackie Biskupski
11 DeMar Bud Bowman
12 Rebecca Chavez-Houck
13 Stephen D. Clark
14 Bradley M. Daw
15 Jack R. Draxler
16 Carl W. Duckworth
17 Janice M. Fisher
18 Craig A. Frank
19 Gage FroererJames R. Gowans
Richard A. Greenwood
Keith Grover
Neil A. Hansen
Neal B. Hendrickson
Kory M. Holdaway
Fred R. Hunsaker
Christine A. Johnson
Brad King
Todd E. Kiser
David Litvack
Steven R. Mascaro
Rosalind J. McGee
Kay L. McIffRonda Rudd Menlove
Karen W. Morgan
Michael T. Morley
Carol Spackman Moss
Paul A. Neuenschwander
Curtis Oda
Phil Riesen
Stephen E. Sandstrom
Jennifer M. Seelig
LaWanna Lou Shurtliff
R. Curt Webb
Mark A. Wheatley
Larry B. Wiley
Carl Wimmer 20
21 LONG TITLE
22 General Description:
23 This bill modifies provisions of the Utah Construction Trades Licensing Act by
24 providing for new license classifications of master plumber and residential master
25 plumber in the plumbing trade.
26 Highlighted Provisions:
27 This bill:
28 . defines "master plumber" and "residential master plumber" for the purpose of license
29 classification in the plumbing trade;
30 . modifies provisions related to the composition of the Plumbers Licensing Board;
31 . recognizes master plumbers and residential master plumbers as license classifications
32 under the Utah Construction Trades Licensing Act;
33 . provides educational and practical experience qualifications for licensure as a master

34 plumber and residential master plumber; and
35 . makes certain technical changes.
36 Monies Appropriated in this Bill:
37 None
38 Other Special Clauses:
39 None
40 Utah Code Sections Affected:
41 AMENDS:
42 58-55-102, as last amended by Laws of Utah 2006, Chapter 73
43 58-55-201, as last amended by Laws of Utah 2002, Chapter 241
44 58-55-301, as last amended by Laws of Utah 2000, Chapter 317
45 58-55-302, as last amended by Laws of Utah 2006, Chapter 122
46
47 Be it enacted by the Legislature of the state of Utah:
48 Section 1. Section 58-55-102 is amended to read:
49 58-55-102. Definitions.
50 In addition to the definitions in Section 58-1-102 , as used in this chapter:
51 (1) (a) "Alarm business or company" means a person engaged in the sale, installation,
52 maintenance, alteration, repair, replacement, servicing, or monitoring of an alarm system, except
53 as provided in Subsection (1)(b).
54 (b) "Alarm business or company" does not include:
55 (i) a person engaged in the manufacture and sale of alarm systems when that person is
56 not engaged in the installation, maintenance, alteration, repair, replacement, servicing, or
57 monitoring of alarm systems, and the manufacture or sale occurs only at a place of business
58 established by the person engaged in the manufacture or sale and does not involve site visits at
59 the place or intended place of installation of an alarm system; or
60 (ii) an owner of an alarm system, or an employee of the owner of an alarm system who
61 is engaged in installation, maintenance, alteration, repair, replacement, servicing, or monitoring

62 of the alarm system owned by that owner.
63 (2) "Alarm company agent" means any individual employed within this state by a person
64 engaged in the alarm business.
65 (3) "Alarm system" means equipment and devices assembled for the purpose of:
66 (a) detecting and signaling unauthorized intrusion or entry into or onto certain premises;
67 or
68 (b) signaling a robbery or attempted robbery on protected premises.
69 (4) "Apprentice electrician" means a person licensed under this chapter as an apprentice
70 electrician who is learning the electrical trade under approved supervision of a master
71 electrician, residential master electrician, a journeyman electrician, or a residential journeyman
72 electrician.
73 (5) "Apprentice plumber" means a person licensed under this chapter as an apprentice
74 plumber who is learning the plumbing trade under approved supervision of a master plumber,
75 residential master plumber, journeyman plumber, or a residential journeyman plumber.
76 (6) "Approved supervision" means the immediate supervision of apprentices by
77 qualified licensed electricians or plumbers as a part of a planned program of training.
78 (7) "Board" means the Electrician Licensing Board, Alarm System Security and
79 Licensing Board, or Plumbers Licensing Board created in Section 58-55-201 .
80 (8) "Combustion system" means an assembly consisting of:
81 (a) piping and components with a means for conveying, either continuously or
82 intermittently, natural gas from the outlet of the natural gas provider's meter to the burner of the
83 appliance;
84 (b) the electric control and combustion air supply and venting systems, including air
85 ducts; and
86 (c) components intended to achieve control of quantity, flow, and pressure.
87 (9) "Commission" means the Construction Services Commission created under Section
88 58-55-103 .
89 (10) "Construction trade" means any trade or occupation involving:

90 (a) (i) construction, alteration, remodeling, repairing, wrecking or demolition, addition
91 to, or improvement of any building, highway, road, railroad, dam, bridge, structure, excavation
92 or other project, development, or improvement to other than personal property; and
93 (ii) constructing, remodeling, or repairing a manufactured home or mobile home as
94 defined in Section 58-56-3 ; or
95 (b) installation or repair of a residential or commercial natural gas appliance or
96 combustion system.
97 (11) "Construction trades instructor" means a person licensed under this chapter to
98 teach one or more construction trades in both a classroom and project environment, where a
99 project is intended for sale to or use by the public and is completed under the direction of the
100 instructor, who has no economic interest in the project.
101 (12) (a) "Contractor" means any person who for compensation other than wages as an
102 employee undertakes any work in the construction, plumbing, or electrical trade for which
103 licensure is required under this chapter and includes:
104 (i) a person who builds any structure on his own property for the purpose of sale or
105 who builds any structure intended for public use on his own property;
106 (ii) any person who represents himself to be a contractor by advertising or any other
107 means;
108 (iii) any person engaged as a maintenance person, other than an employee, who
109 regularly engages in activities set forth under the definition of "construction trade";
110 (iv) any person engaged in any construction trade for which licensure is required under
111 this chapter; or
112 (v) a construction manager who performs management and counseling services on a
113 construction project for a fee.
114 (b) "Contractor" does not include an alarm company or alarm company agent.
115 (13) (a) "Electrical trade" means the performance of any electrical work involved in the
116 installation, construction, alteration, change, repair, removal, or maintenance of facilities,
117 buildings, or appendages or appurtenances.

118 (b) "Electrical trade" does not include:
119 (i) transporting or handling electrical materials;
120 (ii) preparing clearance for raceways for wiring; or
121 (iii) work commonly done by unskilled labor on any installations under the exclusive
122 control of electrical utilities.
123 (c) For purposes of Subsection (13)(b):
124 (i) no more than one unlicensed person may be so employed unless more than five
125 licensed electricians are employed by the shop; and
126 (ii) a shop may not employ unlicensed persons in excess of the five-to-one ratio
127 permitted by this Subsection (13)(c).
128 (14) "Employee" means an individual as defined by the division by rule giving
129 consideration to the definition adopted by the Internal Revenue Service and the Department of
130 Workforce Services.
131 (15) "Engage in a construction trade" means to:
132 (a) engage in, represent oneself to be engaged in, or advertise oneself as being engaged
133 in a construction trade; or
134 (b) use the name "contractor" or "builder" or in any other way lead a reasonable person
135 to believe one is or will act as a contractor.
136 (16) (a) "Financial responsibility" means a demonstration of a current and expected
137 future condition of financial solvency evidencing a reasonable expectation to the division and
138 the board that an applicant or licensee can successfully engage in business as a contractor
139 without jeopardy to the public health, safety, and welfare.
140 (b) Financial responsibility may be determined by an evaluation of the total history
141 concerning the licensee or applicant including past, present, and expected condition and record
142 of financial solvency and business conduct.
143 (17) "Gas appliance" means any device that uses natural gas to produce light, heat,
144 power, steam, hot water, refrigeration, or air conditioning.
145 (18) (a) "General building contractor" means a person licensed under this chapter as a

146 general building contractor qualified by education, training, experience, and knowledge to
147 perform or superintend construction of structures for the support, shelter, and enclosure of
148 persons, animals, chattels, or movable property of any kind or any of the components of that
149 construction except plumbing, electrical work, mechanical work, and manufactured housing
150 installation, for which the general building contractor shall employ the services of a contractor
151 licensed in the particular specialty, except that a general building contractor engaged in the
152 construction of single-family and multifamily residences up to four units may perform the
153 mechanical work and hire a licensed plumber or electrician as an employee.
154 (b) The division may by rule exclude general building contractors from engaging in the
155 performance of other construction specialties in which there is represented a substantial risk to
156 the public health, safety, and welfare, and for which a license is required unless that general
157 building contractor holds a valid license in that specialty classification.
158 (19) (a) "General engineering contractor" means a person licensed under this chapter as
159 a general engineering contractor qualified by education, training, experience, and knowledge to
160 perform construction of fixed works in any of the following: irrigation, drainage, water, power,
161 water supply, flood control, inland waterways, harbors, railroads, highways, tunnels, airports
162 and runways, sewers and bridges, refineries, pipelines, chemical and industrial plants requiring
163 specialized engineering knowledge and skill, piers, and foundations, or any of the components
164 of those works.
165 (b) A general engineering contractor may not perform construction of structures built
166 primarily for the support, shelter, and enclosure of persons, animals, and chattels.
167 (20) "Immediate supervision" means reasonable direction, oversight, inspection, and
168 evaluation of the work of a person, in or out of the immediate presence of the supervising
169 person, so as to ensure that the end result complies with applicable standards.
170 (21) "Individual" means a natural person.
171 (22) "Journeyman electrician" means a person licensed under this chapter as a
172 journeyman electrician having the qualifications, training, experience, and knowledge to wire,
173 install, and repair electrical apparatus and equipment for light, heat, power, and other purposes.

174 (23) "Journeyman plumber" means a person licensed under this chapter as a journeyman
175 plumber having the qualifications, training, experience, and technical knowledge to engage in
176 the plumbing trade.
177 (24) "Master electrician" means a person licensed under this chapter as a master
178 electrician having the qualifications, training, experience, and knowledge to properly plan,
179 layout, and supervise the wiring, installation, and repair of electrical apparatus and equipment
180 for light, heat, power, and other purposes.
181 (25) "Master plumber" means a person licensed under this chapter as a master plumber
182 having the qualifications, training, experience, and knowledge to properly plan and layout
183 projects and supervise persons in the plumbing trade.
184 [(25)] (26) "Person" means a natural person, sole proprietorship, joint venture,
185 corporation, limited liability company, association, or organization of any type.
186 [(26)] (27) (a) "Plumbing trade" means the performance of any mechanical work
187 pertaining to the installation, alteration, change, repair, removal, maintenance, or use in
188 buildings, or within three feet beyond the outside walls of buildings of pipes, fixtures, and
189 fittings for:
190 (i) delivery of the water supply;
191 (ii) discharge of liquid and water carried waste; or
192 (iii) the building drainage system within the walls of the building.
193 (b) "Plumbing trade" includes work pertaining to the water supply, distribution pipes,
194 fixtures and fixture traps, soil, waste and vent pipes, and the building drain and roof drains
195 together with their devices, appurtenances, and connections where installed within the outside
196 walls of the building.
197 [(27)] (28) (a) "Ratio of apprentices" means, for the purpose of determining compliance
198 with the requirements for planned programs of training and electrician apprentice licensing
199 applications, the shop ratio of apprentice electricians to journeyman or master electricians shall
200 be one journeyman or master electrician to one apprentice on industrial and commercial work,
201 and one journeyman or master electrician to three apprentices on residential work.

202 (b) On-the-job training shall be under circumstances in which the ratio of apprentices to
203 supervisors is in accordance with a ratio of one-to-one on nonresidential work and up to three
204 apprentices to one supervisor on residential projects.
205 [(28)] (29) "Residential and small commercial contractor" means a person licensed
206 under this chapter as a residential and small commercial contractor qualified by education,
207 training, experience, and knowledge to perform or superintend the construction of single-family
208 residences, multifamily residences up to four units, and commercial construction of not more
209 than three stories above ground and not more than 20,000 square feet, or any of the
210 components of that construction except plumbing, electrical work, mechanical work, and
211 manufactured housing installation, for which the residential and small commercial contractor
212 shall employ the services of a contractor licensed in the particular specialty, except that a
213 residential and small commercial contractor engaged in the construction of single-family and
214 multifamily residences up to four units may perform the mechanical work and hire a licensed
215 plumber or electrician as an employee.
216 [(29) "Residential apprentice plumber" means a person licensed under this chapter as a
217 residential apprentice plumber who is learning the residential plumbing trade while working on
218 residential buildings under the approved supervision of a residential journeyman plumber or a
219 journeyman plumber.]
220 (30) "Residential building," as it relates to the license classification of [residential
221 apprentice plumber and] residential journeyman plumber[,] and residential master plumber,
222 means a single or multiple family dwelling of up to four units.
223 (31) "Residential journeyman electrician" means a person licensed under this chapter as
224 a residential journeyman electrician having the qualifications, training, experience, and
225 knowledge to wire, install, and repair electrical apparatus and equipment for light, heat, power,
226 and other purposes on buildings using primarily nonmetallic sheath cable.
227 (32) "Residential journeyman plumber" means a person licensed under this chapter as a
228 residential journeyman plumber having the qualifications, training, experience, and knowledge
229 to engage in the plumbing trade as limited to the plumbing of residential buildings.

230 (33) "Residential master electrician" means a person licensed under this chapter as a
231 residential master electrician having the qualifications, training, experience, and knowledge to
232 properly plan, layout, and supervise the wiring, installation, and repair of electrical apparatus
233 and equipment for light, heat, power, and other purposes on residential projects.
234 (34) "Residential master plumber" means a person licensed under this chapter as a
235 residential master plumber having the qualifications, training, experience, and knowledge to
236 properly plan and layout projects and supervise persons in the plumbing trade as limited to the
237 plumbing of residential buildings.
238 [(34)] (35) "Residential project," as it relates to an electrician or electrical contractor,
239 means buildings primarily wired with nonmetallic sheathed cable, in accordance with standard
240 rules and regulations governing this work, including the National Electrical Code, and in which
241 the voltage does not exceed 250 volts line to line and 125 volts to ground.
242 [(35)] (36) (a) "Specialty contractor" means a person licensed under this chapter under
243 a specialty contractor classification established by rule, who is qualified by education, training,
244 experience, and knowledge to perform those construction trades and crafts requiring specialized
245 skill, the regulation of which are determined by the division to be in the best interest of the
246 public health, safety, and welfare.
247 (b) A specialty contractor may perform work in crafts or trades other than those in
248 which he is licensed if they are incidental to the performance of his licensed craft or trade.
249 [(36)] (37) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-55-501 .
250 [(37)] (38) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-55-502
251 and as may be further defined by rule.
252 [(38)] (39) "Wages" means amounts due to an employee for labor or services whether
253 the amount is fixed or ascertained on a time, task, piece, commission, or other basis for
254 calculating the amount.
255 Section 2. Section 58-55-201 is amended to read:
256 58-55-201. Boards created -- Duties.
257 (1) There is created a Plumbers Licensing Board, an Alarm System Security and

258 Licensing Board, and an Electricians Licensing Board. Members of the boards shall be selected
259 to provide representation as follows:
260 (a) The Plumbers Licensing Board consists of five members as follows:
261 [(i) four members shall be licensed journeyman plumbers, of whom two shall be licensed
262 plumbing contractors; and]
263 (i) two members shall be licensed from among the license classifications of master or
264 journeyman plumber;
265 (ii) two members shall be licensed plumbing contractors; and
266 [(ii)] (iii) one member shall be from the public at large with no history of involvement in
267 the construction trades.
268 (b) (i) The Alarm System Security and Licensing Board consists of five members as
269 follows:
270 (A) three individuals who are officers or owners of a licensed alarm business;
271 (B) one individual from among nominees of the Utah Peace Officers Association; and
272 (C) one individual representing the general public.
273 (ii) The Alarm System Security and Licensing Board shall designate one of its members
274 on a permanent or rotating basis to:
275 (A) assist the division in reviewing complaints concerning the unlawful or
276 unprofessional conduct of a licensee; and
277 (B) advise the division in its investigation of these complaints.
278 (iii) A board member who has, under this Subsection [(3)] (1)(b)(iii), reviewed a
279 complaint or advised in its investigation is disqualified from participating with the board when
280 the board serves as a presiding officer in an adjudicative proceeding concerning the complaint.
281 (c) The Electricians Licensing Board consists of five members as follows:
282 (i) two members shall be licensed from among the license classifications of master or
283 journeyman electrician, of whom one shall represent a union organization and one shall be
284 selected having no union affiliation;
285 (ii) two shall be licensed electrical contractors of whom one shall represent a union

286 organization and one shall be selected having no union affiliation; and
287 (iii) one member shall be from the public at large with no history of involvement in the
288 construction trades or union affiliation.
289 (2) The duties, functions, and responsibilities of each board include the following:
290 (a) recommending to the commission appropriate rules;
291 (b) recommending to the commission policy and budgetary matters;
292 (c) approving and establishing a passing score for applicant examinations;
293 (d) overseeing the screening of applicants for licensing, renewal, reinstatement, and
294 relicensure;
295 (e) assisting the commission in establishing standards of supervision for students or
296 persons in training to become qualified to obtain a license in the occupation or profession it
297 represents; and
298 (f) acting as presiding officer in conducting hearings associated with the adjudicative
299 proceedings and in issuing recommended orders when so authorized by the commission.
300 Section 3. Section 58-55-301 is amended to read:
301 58-55-301. License required -- License classifications.
302 (1) (a) [Any] A person engaged in the construction trades licensed under this chapter,
303 as a contractor regulated under this chapter, as an alarm business or company, or as an alarm
304 company agent, shall become licensed under this chapter before engaging in that trade or
305 contracting activity in this state unless specifically exempted from licensure under Section
306 58-1-307 or 58-55-305 .
307 (b) The license issued under this chapter and the business license issued by the local
308 jurisdiction in which the licensee has its principal place of business shall be the only licenses
309 required for the licensee to engage in a trade licensed by this chapter, within the state.
310 (c) Neither the state nor any of its political subdivisions may require of a licensee any
311 additional business licenses, registrations, certifications, contributions, donations, or anything
312 else established for the purpose of qualifying a licensee under this chapter to do business in that
313 local jurisdiction, except for contract prequalification procedures required by state agencies, or

314 the payment of any fee for the license, registration, or certification established as a condition to
315 do business in that local jurisdiction.
316 (2) The division shall issue licenses under this chapter to qualified persons in the
317 following classifications:
318 (a) general engineering contractor;
319 (b) general building contractor;
320 (c) residential and small commercial contractor;
321 (d) specialty contractor;
322 (e) master plumber;
323 (f) residential master plumber;
324 [(e)] (g) journeyman plumber;
325 [(f)] (h) apprentice plumber;
326 [(g)] (i) residential journeyman plumber;
327 [(h) residential apprentice plumber;]
328 [(i)] (j) master electrician;
329 [(j)] (k) residential master electrician;
330 [(k)] (l) journeyman electrician;
331 [(l)] (m) residential journeyman electrician;
332 [(m)] (n) apprentice electrician;
333 [(n)] (o) construction trades instructor:
334 (i) general engineering classification;
335 (ii) general building classification;
336 (iii) electrical classification;
337 (iv) plumbing classification; and
338 (v) mechanical classification;
339 [(o)] (p) alarm company; and
340 [(p)] (q) alarm company agent.
341 (3) (a) An applicant may apply for a license in one or more classification or specialty

342 contractor subclassification.
343 (b) A license shall be granted in each classification or subclassification for which the
344 applicant qualifies.
345 (c) A separate application and fee must be submitted for each license classification or
346 subclassification.
347 Section 4. Section 58-55-302 is amended to read:
348 58-55-302. Qualifications for licensure.
349 (1) Each applicant for a license under this chapter shall:
350 (a) submit an application prescribed by the division;
351 (b) pay a fee as determined by the department under Section 63-38-3.2 ;
352 (c) (i) meet the examination requirements established by rule by the commission with
353 the concurrence of the director, except for the classifications of apprentice plumber[, residential
354 apprentice plumber,] and apprentice electrician for whom no examination is required; or
355 (ii) if required in Section 58-55-304 , the individual qualifier must pass the required
356 examination if the applicant is a business entity;
357 (d) if an apprentice, identify the proposed supervisor of the apprenticeship;
358 (e) if an applicant for a contractor's license:
359 (i) produce satisfactory evidence of financial responsibility, except for a construction
360 trades instructor for whom evidence of financial responsibility is not required;
361 (ii) produce satisfactory evidence of knowledge and experience in the construction
362 industry and knowledge of the principles of the conduct of business as a contractor, reasonably
363 necessary for the protection of the public health, safety, and welfare; and
364 (iii) be a licensed master electrician if an applicant for an electrical contractor's license
365 or a licensed master residential electrician if an applicant for a residential electrical contractor's
366 license; or
367 (iv) be a [journeyman] licensed master plumber [or residential journeyman plumber] if
368 an applicant for a plumbing contractor's license or a licensed master residential plumber if an
369 applicant for a residential plumbing contractor's license; and

370 (f) if an applicant for a construction trades instructor license, satisfy any additional
371 requirements established by rule.
372 (2) After approval of an applicant for a contractor's license by the applicable board and
373 the division, the applicant shall file the following with the division before the division issues the
374 license:
375 (a) proof of workers' compensation insurance which covers employees of the applicant
376 in accordance with applicable Utah law;
377 (b) proof of public liability insurance in coverage amounts and form established by rule
378 except for a construction trades instructor for whom public liability insurance is not required;
379 and
380 (c) proof of registration as required by applicable law with the:
381 (i) Utah Department of Commerce;
382 (ii) Division of Corporations and Commercial Code;
383 (iii) Unemployment Insurance Division in the Department of Workforce Services, for
384 purposes of Title 35A, Chapter 4, Employment Security Act;
385 (iv) State Tax Commission; and
386 (v) Internal Revenue Service.