<chapter number="58-55"><catchline>Utah Construction Trades Licensing Act</catchline><part number="58-55-1"><catchline>General Provisions</catchline><section number="58-55-101"><enddate type="SC">1/1/2027</enddate><histories><history>Renumbered and Amended by Chapter <modchap sess="1994GS">181</modchap>, 1994 General Session</history><modyear>1994</modyear></histories><catchline>Short title.</catchline><tab/>This chapter is known as the "Utah Construction Trades Licensing Act."
</section><section number="58-55-101"><effdate>1/1/2027</effdate><histories><history>Repealed and Re-enacted by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Definitions.</catchline>As used in this chapter:<subsection number="58-55-101(1)">"Applicant" means a person that is applying for an initial license, the renewal of a license, or the reinstatement of a license.</subsection><subsection number="58-55-101(2)">"Board" means the Electricians and Plumbers Licensing Board created in Section <xref depth="3" refnumber="58-55-104">58-55-104</xref>.</subsection><subsection number="58-55-101(3)">"Combustion system" means an assembly that includes:<subsection number="58-55-101(3)(a)">piping and components that continuously or intermittently convey gas from the gas provider's meter to the appliance burner;</subsection><subsection number="58-55-101(3)(b)">an electric control system, a combustion air supply system, a venting system, and air ducts; and</subsection><subsection number="58-55-101(3)(c)">a component that controls quantity, flow, and pressure.</subsection></subsection><subsection number="58-55-101(4)">"Commission" means the Construction Services Commission created in Section <xref depth="3" refnumber="58-55-103">58-55-103</xref>.</subsection><subsection number="58-55-101(5)">"Construction trade" means work that involves:<subsection number="58-55-101(5)(a)">constructing, remodeling, repairing, or wrecking a building, highway, road, railroad, dam, bridge, structure, excavation, project, or development that is not personal property;</subsection><subsection number="58-55-101(5)(b)">constructing, remodeling, or repairing a manufactured home defined in Section <xref depth="3" refnumber="15A-1-302">15A-1-302</xref>, or mobile home as defined in Section <xref depth="3" refnumber="15A-1-302">15A-1-302</xref>; or</subsection><subsection number="58-55-101(5)(c)">installing or repairing a residential or commercial gas appliance or combustion system.</subsection></subsection><subsection number="58-55-101(6)"><subsection number="58-55-101(6)(a)">"Construction trades instructor" means a person that teaches one or more construction trades in a classroom or project setting.</subsection><subsection number="58-55-101(6)(b)">"Construction trades instructor" does not include an individual who holds an economic interest in a project that the individual directs that is intended for sale to or use by the public.</subsection></subsection><subsection number="58-55-101(7)"><subsection number="58-55-101(7)(a)">"Contractor" means a person that engages in a construction trade for compensation.</subsection><subsection number="58-55-101(7)(b)">"Contractor" includes:<subsection number="58-55-101(7)(b)(i)">a person that builds a structure on the person's own property that is intended for sale or public use;</subsection><subsection number="58-55-101(7)(b)(ii)">a person that advertises that the person is a contractor or that the person will perform a service that requires a license under this chapter; or</subsection><subsection number="58-55-101(7)(b)(iii)">a person that, for a fee:<subsection number="58-55-101(7)(b)(iii)(A)">performs or offers to perform construction consulting;</subsection><subsection number="58-55-101(7)(b)(iii)(B)">performs or offers to perform management of construction subcontractors;</subsection><subsection number="58-55-101(7)(b)(iii)(C)">provides or offers to provide a list of subcontractors or suppliers; or</subsection><subsection number="58-55-101(7)(b)(iii)(D)">provides or offers to provide management or counseling services on a construction project.</subsection></subsection></subsection><subsection number="58-55-101(7)(c)">"Contractor" does not include:<subsection number="58-55-101(7)(c)(i)">an individual; or</subsection><subsection number="58-55-101(7)(c)(ii)">a material supplier that consults with a customer about design and installation of the material supplier's product.</subsection></subsection></subsection><subsection number="58-55-101(8)"><subsection number="58-55-101(8)(a)">"Control position" means a person that exercises direct or indirect control over an entity.</subsection><subsection number="58-55-101(8)(b)">"Control position" includes:<subsection number="58-55-101(8)(b)(i)">a corporate officer or a director;</subsection><subsection number="58-55-101(8)(b)(ii)">a shareholder who owns 25% or more of the entity's stock;</subsection><subsection number="58-55-101(8)(b)(iii)">a partner or a member;</subsection><subsection number="58-55-101(8)(b)(iv)">an agent; or</subsection><subsection number="58-55-101(8)(b)(v)">a qualifier.</subsection></subsection></subsection><subsection number="58-55-101(9)">"Engage in a construction trade" means to:<subsection number="58-55-101(9)(a)">perform a construction trade; or</subsection><subsection number="58-55-101(9)(b)">to lead, or attempt to lead, a reasonable individual to believe a person will perform a construction trade.</subsection></subsection><subsection number="58-55-101(10)">"Gas appliance" means a device that uses gas to produce light, heat, power, steam, hot water, refrigeration, or air conditioning.</subsection><subsection number="58-55-101(11)">"Immediate supervision" means the reasonable direction, oversight, inspection, and evaluation of the work of an individual:<subsection number="58-55-101(11)(a)">as the division provides in rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;</subsection><subsection number="58-55-101(11)(b)">as applicable, by a qualified electrician or plumber;</subsection><subsection number="58-55-101(11)(c)">as part of a planned training program; and</subsection><subsection number="58-55-101(11)(d)">as required to ensure the work complies with applicable standards.</subsection></subsection><subsection number="58-55-101(12)">"Licensee" means a person that is licensed under this chapter.</subsection><subsection number="58-55-101(13)">"Qualifier" means an individual who:<subsection number="58-55-101(13)(a)">holds a control position of a licensee under this chapter;</subsection><subsection number="58-55-101(13)(b)">satisfies the requirements to obtain a license under this chapter;</subsection><subsection number="58-55-101(13)(c)">meets any additional license requirements established in rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and</subsection><subsection number="58-55-101(13)(d)">holds collective and individual liability with the licensee for compliance with this chapter and may be held fully responsible for a violation.</subsection></subsection><subsection number="58-55-101(14)">"Unincorporated entity" means an entity that operates as:<subsection number="58-55-101(14)(a)">a general partnership;</subsection><subsection number="58-55-101(14)(b)">a limited liability partnership;</subsection><subsection number="58-55-101(14)(c)">a limited liability limited partnership;</subsection><subsection number="58-55-101(14)(d)">a limited partnership; or</subsection><subsection number="58-55-101(14)(e)">a limited cooperative association.</subsection></subsection><subsection number="58-55-101(15)">"Wages" means compensation an employer owes to an employee for labor or services, regardless of how the employer calculates the amount owed to the employee.</subsection></section><section number="58-55-102"><enddate type="RP">1/1/2027</enddate><histories><history>Amended by Chapter <modchap sess="2026GS">92</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Definitions.</catchline><tab/>In addition to the definitions in Section <xref depth="3" refnumber="58-1-102">58-1-102</xref>, as used in this chapter:<subsection number="58-55-102(1)"><subsection number="58-55-102(1)(a)">"Alarm business" or "alarm company" means a person engaged in the sale, installation, maintenance, alteration, repair, replacement, servicing, or monitoring of an alarm system, except as provided in Subsection <xref depth="4" refnumber="58-55-102(1)(b)">(1)(b)</xref>.</subsection><subsection number="58-55-102(1)(b)">"Alarm business" or "alarm company" does not include:<subsection number="58-55-102(1)(b)(i)">a person engaged in the manufacture or sale of alarm systems unless:<subsection number="58-55-102(1)(b)(i)(A)">that person is also engaged in the installation, maintenance, alteration, repair, replacement, servicing, or monitoring of alarm systems;</subsection><subsection number="58-55-102(1)(b)(i)(B)">the manufacture or sale occurs at a location other than a place of business established by the person engaged in the manufacture or sale; or</subsection><subsection number="58-55-102(1)(b)(i)(C)">the manufacture or sale involves site visits at the place or intended place of installation of an alarm system; or</subsection></subsection><subsection number="58-55-102(1)(b)(ii)">an owner of an alarm system, or an employee of the owner of an alarm system who is engaged in installation, maintenance, alteration, repair, replacement, servicing, or monitoring of the alarm system owned by that owner.</subsection></subsection></subsection><subsection number="58-55-102(2)">"Alarm company agent":<subsection number="58-55-102(2)(a)">except as provided in Subsection <xref depth="4" refnumber="58-55-102(2)(b)">(2)(b)</xref>, means any individual employed within this state by an alarm business; and</subsection><subsection number="58-55-102(2)(b)">does not include an individual who:<subsection number="58-55-102(2)(b)(i)">is not engaged in the sale, installation, maintenance, alteration, repair, replacement, servicing, or monitoring of an alarm system; and</subsection><subsection number="58-55-102(2)(b)(ii)">does not, during the normal course of the individual's employment with an alarm business, use or have access to sensitive alarm system information.</subsection></subsection></subsection><subsection number="58-55-102(3)">"Alarm company officer" means:<subsection number="58-55-102(3)(a)">a governing person, as defined in Section <xref depth="3" refnumber="16-20-101">16-20-101</xref>, of an alarm company;</subsection><subsection number="58-55-102(3)(b)">an individual appointed as an officer of an alarm company that is a corporation in accordance with Section <xref depth="3" refnumber="16-10a-830">16-10a-830</xref>;</subsection><subsection number="58-55-102(3)(c)">a general partner, as defined in Section <xref depth="3" refnumber="16-19-101">16-19-101</xref>, of an alarm company; or</subsection><subsection number="58-55-102(3)(d)">a partner, as defined in Section <xref depth="3" refnumber="16-18-101">16-18-101</xref>, of an alarm company.</subsection></subsection><subsection number="58-55-102(4)">"Alarm company owner" means:<subsection number="58-55-102(4)(a)">a shareholder, as defined in Section <xref depth="3" refnumber="16-10a-102">16-10a-102</xref>, who owns directly, or indirectly through an entity controlled by the individual, 5% or more of the outstanding shares of an alarm company that:<subsection number="58-55-102(4)(a)(i)">is a corporation; and</subsection><subsection number="58-55-102(4)(a)(ii)">is not publicly listed or traded; or</subsection></subsection><subsection number="58-55-102(4)(b)">an individual who owns directly, or indirectly through an entity controlled by the individual, 5% or more of the equity of an alarm company that is not a corporation.</subsection></subsection><subsection number="58-55-102(5)">"Alarm company proprietor" means the sole proprietor of an alarm company that is registered as a sole proprietorship with the Division of Corporations and Commercial Code.</subsection><subsection number="58-55-102(6)">"Alarm company trustee" means an individual with control of or power of administration over property held in trust.</subsection><subsection number="58-55-102(7)"><subsection number="58-55-102(7)(a)">"Alarm system" means equipment and devices assembled for the purpose of:<subsection number="58-55-102(7)(a)(i)">detecting and signaling unauthorized intrusion or entry into or onto certain premises; or</subsection><subsection number="58-55-102(7)(a)(ii)">signaling a robbery or attempted robbery on protected premises.</subsection></subsection><subsection number="58-55-102(7)(b)">"Alarm system" includes a battery-charged suspended-wire system or fence that is part of and interfaces with an alarm system for the purposes of detecting and deterring unauthorized intrusion or entry into or onto certain premises.</subsection></subsection><subsection number="58-55-102(8)">"Apprentice electrician" means a person licensed under this chapter as an apprentice electrician who is learning the electrical trade under the immediate supervision of a master electrician, residential master electrician, a journeyman electrician, or a residential journeyman electrician.</subsection><subsection number="58-55-102(9)">"Apprentice plumber" means a person licensed under this chapter as an apprentice plumber who is learning the plumbing trade under the immediate supervision of a master plumber, residential master plumber, journeyman plumber, or a residential journeyman plumber.</subsection><subsection number="58-55-102(10)">"Approved continuing education" means instruction provided through courses under a program established under Subsection <xref depth="4" refnumber="58-55-302.5(2)">58-55-302.5(2)</xref>.</subsection><subsection number="58-55-102(11)"><subsection number="58-55-102(11)(a)">"Approved prelicensure course provider" means a provider that is the Associated General Contractors of Utah, the Utah Chapter of the Associated Builders and Contractors, or the Utah Home Builders Association, and that meets the requirements established by rule by the commission with the concurrence of the director, to teach the 25-hour course described in Subsection <xref depth="4" refnumber="58-55-302(1)(e)(iii)">58-55-302(1)(e)(iii)</xref>.</subsection><subsection number="58-55-102(11)(b)">"Approved prelicensure course provider" may only include a provider that, in addition to any other locations, offers the 25-hour course described in Subsection <xref depth="4" refnumber="58-55-302(1)(e)(iii)">58-55-302(1)(e)(iii)</xref> at least six times each year in one or more counties other than Salt Lake County, Utah County, Davis County, or Weber County.</subsection></subsection><subsection number="58-55-102(12)">"Board" means the Alarm System Security and Licensing Board or Electricians and Plumbers Licensing Board created in Section <xref depth="3" refnumber="58-55-201">58-55-201</xref>.</subsection><subsection number="58-55-102(13)">"Combustion system" means an assembly consisting of:<subsection number="58-55-102(13)(a)">piping and components with a means for conveying, either continuously or intermittently, natural gas from the outlet of the natural gas provider's meter to the burner of the appliance;</subsection><subsection number="58-55-102(13)(b)">the electric control and combustion air supply and venting systems, including air ducts; and</subsection><subsection number="58-55-102(13)(c)">components intended to achieve control of quantity, flow, and pressure.</subsection></subsection><subsection number="58-55-102(14)">"Commission" means the Construction Services Commission created under Section <xref depth="3" refnumber="58-55-103">58-55-103</xref>.</subsection><subsection number="58-55-102(15)">"Construction trade" means any trade or occupation involving:<subsection number="58-55-102(15)(a)"><subsection number="58-55-102(15)(a)(i)">construction, alteration, remodeling, repairing, wrecking or demolition, addition to, or improvement of any building, highway, road, railroad, dam, bridge, structure, excavation or other project, development, or improvement to other than personal property; and</subsection><subsection number="58-55-102(15)(a)(ii)">constructing, remodeling, or repairing a manufactured home or mobile home as defined in Section <xref depth="3" refnumber="15A-1-302">15A-1-302</xref>; or</subsection></subsection><subsection number="58-55-102(15)(b)">installation or repair of a residential or commercial natural gas appliance or combustion system.</subsection></subsection><subsection number="58-55-102(16)">"Construction trades instructor" means a person licensed under this chapter to teach one or more construction trades in both a classroom and project environment, where a project is intended for sale to or use by the public and is completed under the direction of the instructor, who has no economic interest in the project.</subsection><subsection number="58-55-102(17)"><subsection number="58-55-102(17)(a)">"Contractor" means any person who for compensation other than wages as an employee undertakes any work in the construction, plumbing, or electrical trade for which licensure is required under this chapter and includes:<subsection number="58-55-102(17)(a)(i)">a person who builds any structure on the person's own property for the purpose of sale or who builds any structure intended for public use on the person's own property;</subsection><subsection number="58-55-102(17)(a)(ii)">any person who represents that the person is a contractor, or will perform a service described in this Subsection  (17) by advertising on a website or social media, or any other means;</subsection><subsection number="58-55-102(17)(a)(iii)">any person engaged as a maintenance person, other than an employee, who regularly engages in activities set forth under the definition of "construction trade";</subsection><subsection number="58-55-102(17)(a)(iv)">any person engaged in, or offering to engage in, any construction trade for which licensure is required under this chapter; or</subsection><subsection number="58-55-102(17)(a)(v)">a construction manager, construction consultant, construction assistant, or any other person who, for a fee:<subsection number="58-55-102(17)(a)(v)(A)">performs or offers to perform construction consulting;</subsection><subsection number="58-55-102(17)(a)(v)(B)">performs or offers to perform management of construction subcontractors;</subsection><subsection number="58-55-102(17)(a)(v)(C)">provides or offers to provide a list of subcontractors or suppliers; or</subsection><subsection number="58-55-102(17)(a)(v)(D)">provides or offers to provide management or counseling services on a construction project.</subsection></subsection></subsection><subsection number="58-55-102(17)(b)">"Contractor" does not include:<subsection number="58-55-102(17)(b)(i)">an alarm company or alarm company agent; or</subsection><subsection number="58-55-102(17)(b)(ii)">a material supplier who provides consulting to customers regarding the design and installation of the material supplier's products.</subsection></subsection></subsection><subsection number="58-55-102(18)"><subsection number="58-55-102(18)(a)">"Electrical trade" means the performance of any electrical work involved in the installation, construction, alteration, change, repair, removal, or maintenance of facilities, buildings, or appendages or appurtenances.</subsection><subsection number="58-55-102(18)(b)">"Electrical trade" does not include:<subsection number="58-55-102(18)(b)(i)">transporting or handling electrical materials;</subsection><subsection number="58-55-102(18)(b)(ii)">preparing clearance for raceways for wiring;</subsection><subsection number="58-55-102(18)(b)(iii)">work commonly done by unskilled labor on any installations under the exclusive control of electrical utilities;</subsection><subsection number="58-55-102(18)(b)(iv)">work involving cable-type wiring that does not pose a shock or fire-initiation hazard;</subsection><subsection number="58-55-102(18)(b)(v)">work involving class two or class three power-limited circuits as defined in the National Electrical Code; or</subsection><subsection number="58-55-102(18)(b)(vi)">minor electrical work incidental to a mechanical or service installation when wiring is extended to no more than 10 feet from an existing outlet or disconnect and does not exceed 120 volts and 20 amperes.</subsection></subsection></subsection><subsection number="58-55-102(19)">"Elevator" means the same as that term is defined in Section <xref depth="3" refnumber="34A-7-202">34A-7-202</xref>, except that for purposes of this chapter it does not mean a stair chair, a vertical platform lift, or an incline platform lift.</subsection><subsection number="58-55-102(20)">"Elevator contractor" means a sole proprietor, firm, or corporation licensed under this chapter that is engaged in the business of erecting, constructing, installing, altering, servicing, repairing, or maintaining an elevator.</subsection><subsection number="58-55-102(21)">"Elevator mechanic" means an individual who is licensed under this chapter as an elevator mechanic and who is engaged in erecting, constructing, installing, altering, servicing, repairing, or maintaining an elevator under the immediate supervision of an elevator contractor.</subsection><subsection number="58-55-102(22)">"Employee" means an individual as defined by the division by rule giving consideration to the definition adopted by the Internal Revenue Service and the Department of Workforce Services.</subsection><subsection number="58-55-102(23)">"Engage in a construction trade" means to:<subsection number="58-55-102(23)(a)">engage in, represent oneself to be engaged in, or advertise oneself as being engaged in a construction trade; or</subsection><subsection number="58-55-102(23)(b)">use the name "contractor" or "builder" or in any other way lead a reasonable person to believe one is or will act as a contractor.</subsection></subsection><subsection number="58-55-102(24)"><subsection number="58-55-102(24)(a)">"Financial responsibility" means a demonstration of a current and expected future condition of financial solvency evidencing a reasonable expectation to the division and the board that an applicant or licensee can successfully engage in business as a contractor without jeopardy to the public health, safety, and welfare.</subsection><subsection number="58-55-102(24)(b)">Financial responsibility may be determined by an evaluation of the total history concerning the licensee or applicant including past, present, and expected condition and record of financial solvency and business conduct.</subsection></subsection><subsection number="58-55-102(25)">"Gas appliance" means any device that uses natural gas to produce light, heat, power, steam, hot water, refrigeration, or air conditioning.</subsection><subsection number="58-55-102(26)"><subsection number="58-55-102(26)(a)">"General building contractor" means a person licensed under this chapter as a general building contractor qualified by education, training, experience, and knowledge to perform or superintend construction of structures for the support, shelter, and enclosure of persons, animals, chattels, or movable property of any kind or any of the components of that construction except plumbing, electrical work, mechanical work, work related to the operating integrity of an elevator, and manufactured housing installation, for which the general building contractor shall employ the services of a contractor licensed in the particular specialty, except that a general building contractor engaged in the construction of single-family and multifamily residences up to four units may perform the mechanical work and hire a licensed plumber or electrician as an employee.</subsection><subsection number="58-55-102(26)(b)">The division may by rule exclude general building contractors from engaging in the performance of other construction specialties in which there is represented a substantial risk to the public health, safety, and welfare, and for which a license is required unless that general building contractor holds a valid license in that specialty classification.</subsection></subsection><subsection number="58-55-102(27)">"General electrical contractor" means a person licensed under this chapter as a general electrical contractor qualified by education, training, experience, and knowledge to perform the fabrication, construction, and installation of generators, transformers, conduits, raceways, panels, switch gear, electrical wires, fixtures, appliances, apparatus that uses electrical energy, or any other work the division authorizes by rule in accordance with Subsection <xref depth="4" refnumber="58-55-301(4)">58-55-301(4)</xref>.</subsection><subsection number="58-55-102(28)"><subsection number="58-55-102(28)(a)">"General engineering contractor" means a person licensed under this chapter as a general engineering contractor qualified by education, training, experience, and knowledge to perform or superintend construction of fixed works, or components of fixed works requiring specialized engineering knowledge and skill in:<subsection number="58-55-102(28)(a)(i)">airports;</subsection><subsection number="58-55-102(28)(a)(ii)">airport runways;</subsection><subsection number="58-55-102(28)(a)(iii)">bridges;</subsection><subsection number="58-55-102(28)(a)(iv)">chemical plants;</subsection><subsection number="58-55-102(28)(a)(v)">drainage;</subsection><subsection number="58-55-102(28)(a)(vi)">electrical utilities;</subsection><subsection number="58-55-102(28)(a)(vii)">flood control;</subsection><subsection number="58-55-102(28)(a)(viii)">foundations;</subsection><subsection number="58-55-102(28)(a)(ix)">harbors;</subsection><subsection number="58-55-102(28)(a)(x)">highways;</subsection><subsection number="58-55-102(28)(a)(xi)">industrial plants;</subsection><subsection number="58-55-102(28)(a)(xii)">inland waterways;</subsection><subsection number="58-55-102(28)(a)(xiii)">irrigation systems;</subsection><subsection number="58-55-102(28)(a)(xiv)">piers;</subsection><subsection number="58-55-102(28)(a)(xv)">pipelines;</subsection><subsection number="58-55-102(28)(a)(xvi)">power plants;</subsection><subsection number="58-55-102(28)(a)(xvii)">railroads;</subsection><subsection number="58-55-102(28)(a)(xviii)">refineries;</subsection><subsection number="58-55-102(28)(a)(xix)">sewers;</subsection><subsection number="58-55-102(28)(a)(xx)">tunnels;</subsection><subsection number="58-55-102(28)(a)(xxi)">underground electric utility conduits;</subsection><subsection number="58-55-102(28)(a)(xxii)">utility plants;</subsection><subsection number="58-55-102(28)(a)(xxiii)">water power; or</subsection><subsection number="58-55-102(28)(a)(xxiv)">water supply.</subsection></subsection><subsection number="58-55-102(28)(b)">A general engineering contractor may not perform or superintend:<subsection number="58-55-102(28)(b)(i)">construction of a structure built primarily for the support, shelter, and enclosure of persons, animals, and chattels;</subsection><subsection number="58-55-102(28)(b)(ii)">plumbing work;</subsection><subsection number="58-55-102(28)(b)(iii)">electrical work beyond underground electric utility conduit or electrical utilities;</subsection><subsection number="58-55-102(28)(b)(iv)">mechanical work; or</subsection><subsection number="58-55-102(28)(b)(v)">work where the general engineering contractor does not have the required specialized engineering knowledge and skill.</subsection></subsection></subsection><subsection number="58-55-102(29)">"General plumbing contractor" means a person licensed under this chapter as a general plumbing contractor qualified by education, training, experience, and knowledge to perform the fabrication or installation of material and fixtures to create and maintain sanitary conditions in a building by providing permanent means for a supply of safe and pure water, a means for the timely and complete removal from the premises of all used or contaminated water, fluid and semi-fluid organic wastes and other impurities incidental to life and the occupation of such premises, a safe and adequate supply of gases for lighting, heating, and industrial purposes, or other work the division authorizes by rule in accordance with Subsection <xref tempid="853" depth="4" refnumber="58-55-301(4)">58-55-301(4)</xref>.</subsection><subsection number="58-55-102(30)">"HVAC" means a heating, ventilation, and air conditioning system and the specific components that are a part of the system, including the gas line.</subsection><subsection number="58-55-102(31)">"HVAC contractor" means a person licensed under this chapter specialized in the installation, maintenance, repair, and servicing of heating, ventilation, air conditioning systems or any other work the division authorizes by rule in accordance with Subsection <xref depth="4" refnumber="58-55-301(4)">58-55-301(4)</xref>.</subsection><subsection number="58-55-102(32)">"Immediate supervision" means reasonable direction, oversight, inspection, and evaluation of the work of a person:<subsection number="58-55-102(32)(a)">as the division specifies in rule;</subsection><subsection number="58-55-102(32)(b)">by, as applicable, a qualified electrician or plumber;</subsection><subsection number="58-55-102(32)(c)">as part of a planned program of training; and</subsection><subsection number="58-55-102(32)(d)">to ensure that the end result complies with applicable standards.</subsection></subsection><subsection number="58-55-102(33)">"Individual" means a natural person.</subsection><subsection number="58-55-102(34)">"Journeyman lineman" means a person that builds and maintains an electrical power system, performs work on transmission lines or distribution lines from power plants to customers, and has completed an approved 7,000 hour certified apprenticeship program.</subsection><subsection number="58-55-102(35)">"Journeyman electrician" means a person licensed under this chapter as a journeyman electrician having the qualifications, training, experience, and knowledge to wire, install, and repair electrical apparatus and equipment for light, heat, power, and other purposes.</subsection><subsection number="58-55-102(36)">"Journeyman plumber" means a person licensed under this chapter as a journeyman plumber having the qualifications, training, experience, and technical knowledge to engage in the plumbing trade.</subsection><subsection number="58-55-102(37)">"Master electrician" means a person licensed under this chapter as a master electrician having the qualifications, training, experience, and knowledge to properly plan, layout, and supervise the wiring, installation, and repair of electrical apparatus and equipment for light, heat, power, and other purposes.</subsection><subsection number="58-55-102(38)">"Master plumber" means a person licensed under this chapter as a master plumber having the qualifications, training, experience, and knowledge to properly plan and layout projects and supervise persons in the plumbing trade.</subsection><subsection number="58-55-102(39)">"Person" means a natural person, sole proprietorship, joint venture, corporation, limited liability company, association, or organization of any type.</subsection><subsection number="58-55-102(40)"><subsection number="58-55-102(40)(a)">"Plumbing trade" means the performance of any mechanical work pertaining to the installation, alteration, change, repair, removal, maintenance, or use in buildings, or within three feet beyond the outside walls of buildings, of pipes, fixtures, and fittings for the:<subsection number="58-55-102(40)(a)(i)">delivery of the water supply;</subsection><subsection number="58-55-102(40)(a)(ii)">discharge of liquid and water carried waste;</subsection><subsection number="58-55-102(40)(a)(iii)">building drainage system within the walls of the building; and</subsection><subsection number="58-55-102(40)(a)(iv)">delivery of gases for lighting, heating, and industrial purposes.</subsection></subsection><subsection number="58-55-102(40)(b)">"Plumbing trade" includes work pertaining to the water supply, distribution pipes, fixtures and fixture traps, soil, waste and vent pipes, the building drain and roof drains, and the safe and adequate supply of gases, together with their devices, appurtenances, and connections where installed within the outside walls of the building.</subsection></subsection><subsection number="58-55-102(41)">"Ratio of apprentices" means the number of licensed plumber apprentices or licensed electrician apprentices that are allowed to be under the immediate supervision of a licensed supervisor as established by the provisions of this chapter and by rules made by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.</subsection><subsection number="58-55-102(42)">"Residential and small commercial contractor" means a person licensed under this chapter as a residential and small commercial contractor qualified by education, training, experience, and knowledge to perform or superintend the construction of single-family residences, multifamily residences up to four units, and commercial construction of not more than three stories above ground and not more than 20,000 square feet, or any of the components of that construction except plumbing, electrical work, mechanical work, and manufactured housing installation, for which the residential and small commercial contractor shall employ the services of a contractor licensed in the particular specialty, except that a residential and small commercial contractor engaged in the construction of single-family and multifamily residences up to four units may perform the mechanical work and hire a licensed plumber or electrician as an employee.</subsection><subsection number="58-55-102(43)">"Residential building," as it relates to the license classification of residential journeyman plumber and residential master plumber, means a single or multiple family dwelling of up to four units.</subsection><subsection number="58-55-102(44)">"Residential electrical contractor" means a person licensed under this chapter as a residential electrical contractor qualified by education, training, experience, and knowledge to perform the fabrication, construction, and installation of services, disconnecting means, grounding devices, panels, conductors, load centers, lighting and plug circuits, appliances, and fixtures in a residential unit or any other work the division authorizes by rule in accordance with Subsection <xref depth="4" refnumber="58-55-301(4)">58-55-301(4)</xref>.</subsection><subsection number="58-55-102(45)">"Residential journeyman electrician" means a person licensed under this chapter as a residential journeyman electrician having the qualifications, training, experience, and knowledge to wire, install, and repair electrical apparatus and equipment for light, heat, power, and other purposes on buildings using primarily nonmetallic sheath cable.</subsection><subsection number="58-55-102(46)">"Residential journeyman plumber" means a person licensed under this chapter as a residential journeyman plumber having the qualifications, training, experience, and knowledge to engage in the plumbing trade as limited to the plumbing of residential buildings.</subsection><subsection number="58-55-102(47)">"Residential master electrician" means a person licensed under this chapter as a residential master electrician having the qualifications, training, experience, and knowledge to properly plan, layout, and supervise the wiring, installation, and repair of electrical apparatus and equipment for light, heat, power, and other purposes on residential projects.</subsection><subsection number="58-55-102(48)">"Residential master plumber" means a person licensed under this chapter as a residential master plumber having the qualifications, training, experience, and knowledge to properly plan and layout projects and supervise persons in the plumbing trade as limited to the plumbing of residential buildings.</subsection><subsection number="58-55-102(49)">"Residential plumbing contractor" means a person licensed under this chapter as a residential plumbing contractor qualified by education, training, experience, and knowledge to perform the fabrication or installation of material and fixtures to create and maintain sanitary conditions in residential buildings by providing permanent means for a supply of safe and pure water, a means for the timely and complete removal from the premises of all used or contaminated water, fluid and semi-fluid organic wastes and other impurities incidental to life and the occupation of such premises, a safe and adequate supply of gases for lighting, heating, and residential purposes, or any other work the division authorizes by rule in accordance with Subsection <xref depth="4" refnumber="58-55-301(4)">58-55-301(4)</xref>.</subsection><subsection number="58-55-102(50)">"Residential project," as it relates to an electrician or electrical contractor, means buildings primarily wired with nonmetallic sheathed cable, in accordance with standard rules and regulations governing this work, including the National Electrical Code, and in which the voltage does not exceed 250 volts line to line and 125 volts to ground.</subsection><subsection number="58-55-102(51)">"Responsible management personnel" means:<subsection number="58-55-102(51)(a)">a qualifying agent;</subsection><subsection number="58-55-102(51)(b)">an operations manager; or</subsection><subsection number="58-55-102(51)(c)">a site manager.</subsection></subsection><subsection number="58-55-102(52)">"Sensitive alarm system information" means:<subsection number="58-55-102(52)(a)">a pass code or other code used in the operation of an alarm system;</subsection><subsection number="58-55-102(52)(b)">information on the location of alarm system components at the premises of a customer of the alarm business providing the alarm system;</subsection><subsection number="58-55-102(52)(c)">information that would allow the circumvention, bypass, deactivation, or other compromise of an alarm system of a customer of the alarm business providing the alarm system; and</subsection><subsection number="58-55-102(52)(d)">any other similar information that the division by rule determines to be information that an individual employed by an alarm business should use or have access to only if the individual is licensed as provided in this chapter.</subsection></subsection><subsection number="58-55-102(53)"><subsection number="58-55-102(53)(a)">"Specialty contractor" means a person licensed under this chapter under a specialty contractor classification established by rule, who is qualified by education, training, experience, and knowledge to perform those construction trades and crafts requiring specialized skill, the regulation of which are determined by the division to be in the best interest of the public health, safety, and welfare.</subsection><subsection number="58-55-102(53)(b)">A specialty contractor may perform work in crafts or trades other than those in which the specialty contractor is licensed if they are incidental to the performance of the specialty contractor's licensed craft or trade.</subsection></subsection><subsection number="58-55-102(54)">"Unincorporated entity" means an entity that is not:<subsection number="58-55-102(54)(a)">an individual;</subsection><subsection number="58-55-102(54)(b)">a corporation; or</subsection><subsection number="58-55-102(54)(c)">publicly traded.</subsection></subsection><subsection number="58-55-102(55)">"Unlawful conduct" means the same as that term is defined in Sections <xref depth="3" refnumber="58-1-501">58-1-501</xref> and <xref depth="3" refnumber="58-55-501">58-55-501</xref>.</subsection><subsection number="58-55-102(56)">"Unprofessional conduct" means the same as that term is defined in Sections <xref depth="3" refnumber="58-1-501">58-1-501</xref> and <xref depth="3" refnumber="58-55-502">58-55-502</xref> and as may be further defined by rule.</subsection><subsection number="58-55-102(57)">"Wages" means amounts due to an employee for labor or services whether the amount is fixed or ascertained on a time, task, piece, commission, or other basis for calculating the amount.</subsection></section><section number="58-55-103"><enddate type="SC">1/1/2027</enddate><histories><history>Amended by Chapter <modchap sess="2024GS">507</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Construction Services Commission created -- Functions -- Appointment -- Qualifications and terms of members -- Vacancies -- Expenses -- Meetings -- Concurrence.</catchline><subsection number="58-55-103(1)"><subsection number="58-55-103(1)(a)">There is created within the division the Construction Services Commission.</subsection><subsection number="58-55-103(1)(b)">The commission shall:<subsection number="58-55-103(1)(b)(i)">with the concurrence of the director, make reasonable rules under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to administer and enforce this chapter which are consistent with this chapter including:<subsection number="58-55-103(1)(b)(i)(A)">licensing of various licensees;</subsection><subsection number="58-55-103(1)(b)(i)(B)">examination requirements and administration of the examinations, to include approving and establishing a passing score for applicant examinations;</subsection><subsection number="58-55-103(1)(b)(i)(C)">standards of supervision for students or persons in training to become qualified to obtain a license in the trade they represent; and</subsection><subsection number="58-55-103(1)(b)(i)(D)">standards of conduct for various licensees;</subsection></subsection><subsection number="58-55-103(1)(b)(ii)">approve or disapprove fees adopted by the division under Section <xref depth="3" refnumber="63J-1-504">63J-1-504</xref>;</subsection><subsection number="58-55-103(1)(b)(iii)">except where the boards conduct them, conduct all administrative hearings not delegated to an administrative law judge relating to the licensing of any applicant;</subsection><subsection number="58-55-103(1)(b)(iv)">except as otherwise provided in Sections <xref depth="3" refnumber="38-11-207">38-11-207</xref> and <xref depth="3" refnumber="58-55-503">58-55-503</xref>, with the concurrence of the director, impose sanctions against licensees and certificate holders with the same authority as the division under Section <xref depth="3" refnumber="58-1-401">58-1-401</xref>;</subsection><subsection number="58-55-103(1)(b)(v)">advise the director on the administration and enforcement of any matters affecting the division and the construction industry;</subsection><subsection number="58-55-103(1)(b)(vi)">advise the director on matters affecting the division budget;</subsection><subsection number="58-55-103(1)(b)(vii)">advise and assist trade associations in conducting construction trade seminars and industry education and promotion; and</subsection><subsection number="58-55-103(1)(b)(viii)">perform other duties as provided by this chapter.</subsection></subsection></subsection><subsection number="58-55-103(2)"><subsection number="58-55-103(2)(a)">The terms of office of the commission members who are serving on the Contractors Licensing Board shall continue as they serve on the commission.</subsection><subsection number="58-55-103(2)(b)">The commission shall be comprised of the following members appointed by the executive director with the approval of the governor from the following groups:<subsection number="58-55-103(2)(b)(i)">one member shall be a licensed general engineering contractor;</subsection><subsection number="58-55-103(2)(b)(ii)">one member shall be a licensed general building contractor;</subsection><subsection number="58-55-103(2)(b)(iii)">two members shall be licensed residential and small commercial contractors;</subsection><subsection number="58-55-103(2)(b)(iv)">one member shall be a licensed plumber and a member of the Electricians and Plumbers Licensing Board;</subsection><subsection number="58-55-103(2)(b)(v)">one member shall be a licensed electrician and a member of the Electricians and Plumbers Licensing Board;</subsection><subsection number="58-55-103(2)(b)(vi)">one member shall be the chair person of the Alarm System Security and Licensing Board; and</subsection><subsection number="58-55-103(2)(b)(vii)">two members shall be from the general public.</subsection></subsection></subsection><subsection number="58-55-103(3)"><subsection number="58-55-103(3)(a)">Except as required by Subsection (3)(b), as terms of current commission members expire, the executive director with the approval of the governor shall appoint each new member or reappointed member to a four-year term ending June 30.</subsection><subsection number="58-55-103(3)(b)">Notwithstanding the requirements of Subsection (3)(a), the executive director with the approval of the governor shall, at the time of appointment or reappointment, adjust the length of terms to stagger the terms of commission members so that approximately 1/2 of the commission members are appointed every two years.</subsection><subsection number="58-55-103(3)(c)">A commission member may not serve more than two consecutive terms.</subsection></subsection><subsection number="58-55-103(4)">The commission shall elect annually one of its members as chair, for a term of one year.</subsection><subsection number="58-55-103(5)">When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.</subsection><subsection number="58-55-103(6)">A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:<subsection number="58-55-103(6)(a)">Section <xref depth="3" refnumber="63A-3-106">63A-3-106</xref>;</subsection><subsection number="58-55-103(6)(b)">Section <xref depth="3" refnumber="63A-3-107">63A-3-107</xref>; and</subsection><subsection number="58-55-103(6)(c)">rules made by the Division of Finance pursuant to Sections <xref depth="3" refnumber="63A-3-106">63A-3-106</xref> and <xref depth="3" refnumber="63A-3-107">63A-3-107</xref>.</subsection></subsection><subsection number="58-55-103(7)"><subsection number="58-55-103(7)(a)">The commission shall meet at least monthly unless the director determines otherwise.</subsection><subsection number="58-55-103(7)(b)">The director may call additional meetings at the director's discretion, upon the request of the chair, or upon the written request of four or more commission members.</subsection></subsection><subsection number="58-55-103(8)"><subsection number="58-55-103(8)(a)">Five members constitute a quorum for the transaction of business.</subsection><subsection number="58-55-103(8)(b)">If a quorum is present when a vote is taken, the affirmative vote of commission members present is the act of the commission.</subsection></subsection><subsection number="58-55-103(9)">The commission shall comply with the procedures and requirements of Title 13, Chapter 1, Department of Commerce, and Title 63G, Chapter 4, Administrative Procedures Act, in all of its adjudicative proceedings.</subsection><subsection number="58-55-103(10)"><subsection number="58-55-103(10)(a)">For purposes of this Subsection (10), "concurrence" means the entities given a concurring role must jointly agree for the action to be taken.</subsection><subsection number="58-55-103(10)(b)">If a provision of this chapter requires concurrence between the director or division and the commission and no concurrence can be reached, the director or division has final authority.</subsection><subsection number="58-55-103(10)(c)">When this chapter requires concurrence between the director or division and the commission:<subsection number="58-55-103(10)(c)(i)">the director or division shall report to and update the commission on a regular basis related to matters requiring concurrence; and</subsection><subsection number="58-55-103(10)(c)(ii)">the commission shall review the report submitted by the director or division under this Subsection (10)(c) and concur with the report, or:<subsection number="58-55-103(10)(c)(ii)(A)">provide a reason for not concurring with the report; and</subsection><subsection number="58-55-103(10)(c)(ii)(B)">provide recommendations to the director or division.</subsection></subsection></subsection></subsection></section><section number="58-55-103"><effdate>1/1/2027</effdate><histories><history>Amended by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Construction Services Commission created -- Functions -- Appointment -- Qualifications and terms of members -- Vacancies -- Expenses -- Meetings -- Concurrence.</catchline><subsection number="58-55-103(1)"><subsection number="58-55-103(1)(a)">There is created within the division the Construction Services Commission.</subsection><subsection number="58-55-103(1)(b)">The duties, functions, and responsibilities of the commission include the following:<subsection number="58-55-103(1)(b)(i)">with the director's concurrence, make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to administer and enforce this chapter, including rules that provide the standards for a licensee's:<subsection number="58-55-103(1)(b)(i)(A)">license;</subsection><subsection number="58-55-103(1)(b)(i)(B)">examination;</subsection><subsection number="58-55-103(1)(b)(i)(C)">supervision of a student or a trainee preparing to obtain a license; and</subsection><subsection number="58-55-103(1)(b)(i)(D)">professional conduct;</subsection></subsection><subsection number="58-55-103(1)(b)(ii)">approve a fee the division adopts under Section <xref depth="3" refnumber="63J-1-504">63J-1-504</xref>;</subsection><subsection number="58-55-103(1)(b)(iii)">conduct an administrative hearing relating to licensing when the administrative hearing is not conducted by the board or delegated to an administrative law judge;</subsection><subsection number="58-55-103(1)(b)(iv)">except as provided in Sections <xref depth="3" refnumber="38-11-207">38-11-207</xref> and <xref depth="3" refnumber="58-55-604">58-55-604</xref>, with the director's concurrence, impose sanctions against a licensee with the same authority as the division under Section <xref depth="3" refnumber="58-1-401">58-1-401</xref>;</subsection><subsection number="58-55-103(1)(b)(v)">advise the director on the administration and enforcement of matters affecting the division and the construction industry;</subsection><subsection number="58-55-103(1)(b)(vi)">advise the director on matters affecting the division's budget;</subsection><subsection number="58-55-103(1)(b)(vii)">advise trade associations in conducting construction trade seminars and industry education and promotion; and</subsection><subsection number="58-55-103(1)(b)(viii)">perform other duties as provided by this chapter.</subsection></subsection></subsection><subsection number="58-55-103(2)"><subsection number="58-55-103(2)(a)">The executive director, with the governor's approval, shall appoint commission members as follows:<subsection number="58-55-103(2)(a)(i)">one individual who is a qualifier for a licensed general engineering contractor as defined in Section <xref depth="3" refnumber="58-55-202">58-55-202</xref>;</subsection><subsection number="58-55-103(2)(a)(ii)">one individual who is a qualifier for a licensed general building contractor as defined in Section <xref depth="3" refnumber="58-55-202">58-55-202</xref>;</subsection><subsection number="58-55-103(2)(a)(iii)">two individuals who are qualifiers for separate licensed residential and small commercial contractors as defined in Section <xref depth="3" refnumber="58-55-202">58-55-202</xref>;</subsection><subsection number="58-55-103(2)(a)(iv)">one individual who is a licensed plumber and a member of the Electricians and Plumbers Licensing Board;</subsection><subsection number="58-55-103(2)(a)(v)">one individual who is a licensed electrician and a member of the Electricians and Plumbers Licensing Board; and</subsection><subsection number="58-55-103(2)(a)(vi)">one individual who is a member of the general public and who has never been licensed in a construction trade.</subsection></subsection></subsection><subsection number="58-55-103(3)">A commission member may not serve more than two consecutive terms.</subsection><subsection number="58-55-103(4)">The executive director, with the governor's approval, shall:<subsection number="58-55-103(4)(a)">appoint or reappoint each member to a four-year term ending June 30, except as provided in Subsection <xref depth="4" refnumber="58-55-103(6)">(6)</xref>; and</subsection><subsection number="58-55-103(4)(b)">adjust terms at appointment or reappointment to stagger terms so that approximately half of the members' terms expire every two years.</subsection></subsection><subsection number="58-55-103(5)">The commission shall elect annually one of the commission members as the chair.</subsection><subsection number="58-55-103(6)">The executive director shall appoint a replacement for the remainder of the term when a vacancy occurs.</subsection><subsection number="58-55-103(7)">A member may not receive compensation or a benefit for the member's service, but may receive per diem and travel expenses in accordance with:<subsection number="58-55-103(7)(a)">Section <xref depth="3" refnumber="63A-3-106">63A-3-106</xref>;</subsection><subsection number="58-55-103(7)(b)">Section <xref depth="3" refnumber="63A-3-107">63A-3-107</xref>; and</subsection><subsection number="58-55-103(7)(c)">rules the Division of Finance makes in accordance with Sections <xref depth="3" refnumber="63A-3-106">63A-3-106</xref> and <xref depth="3" refnumber="63A-3-107">63A-3-107</xref>.</subsection></subsection><subsection number="58-55-103(8)"><subsection number="58-55-103(8)(a)">The commission shall meet at least monthly unless the director determines otherwise.</subsection><subsection number="58-55-103(8)(b)">The director may call additional meetings: <subsection number="58-55-103(8)(b)(i)">at the director's discretion; </subsection><subsection number="58-55-103(8)(b)(ii)">upon the request of the chair; or </subsection><subsection number="58-55-103(8)(b)(iii)">upon the written request of four or more commission members.</subsection></subsection></subsection><subsection number="58-55-103(9)"><subsection number="58-55-103(9)(a)">Five members are a quorum for the transaction of business.</subsection><subsection number="58-55-103(9)(b)">If a quorum is present when the commission takes a vote, the affirmative vote of a majority of the commission members present is the act of the commission.</subsection></subsection><subsection number="58-55-103(10)">The commission shall comply with the procedures and requirements of Title 13, Chapter 1, Department of Commerce, and Title 63G, Chapter 4, Administrative Procedures Act, in all adjudicative proceedings.</subsection><subsection number="58-55-103(11)"><subsection number="58-55-103(11)(a)">When this chapter requires concurrence between the director or division and the commission:<subsection number="58-55-103(11)(a)(i)">the director or division shall report to and update the commission on a regular basis related to matters requiring concurrence; and</subsection><subsection number="58-55-103(11)(a)(ii)">the commission shall review the report the director or division submits under this Subsection <xref depth="4" refnumber="58-55-103(11)(a)">(11)(a)</xref> and concur with the report, or:<subsection number="58-55-103(11)(a)(ii)(A)">provide a reason for not concurring with the report; and</subsection><subsection number="58-55-103(11)(a)(ii)(B)">provide recommendations to the director or division.</subsection></subsection></subsection><subsection number="58-55-103(11)(b)">The director is the final authority if a provision of this chapter requires concurrence between the director or division and the commission and there is no concurrence.</subsection></subsection></section><section number="58-55-104"><enddate type="SC">1/1/2027</enddate><histories><history>Amended by Chapter <modchap sess="2025GS">271</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Electrician Education Fund.</catchline><subsection number="58-55-104(1)">There is created an expendable special revenue fund known as the Electrician Education Fund.</subsection><subsection number="58-55-104(2)">The fund consists of money from a surcharge fee, established by the division in accordance with Section <xref depth="3" refnumber="63J-1-504" start="0">63J-1-504</xref>, placed on initial, renewal, and reinstatement licensure fees for an apprentice electrician, journeyman electrician, master electrician, residential journeyman electrician, and residential master electrician.</subsection><subsection number="58-55-104(3)">The surcharge fee described in Subsection <xref depth="4" refnumber="58-55-104(2)" start="0">(2)</xref> may not be more than $5.</subsection><subsection number="58-55-104(4)">The fund shall earn interest and all interest earned on fund money shall be deposited into the fund.</subsection><subsection number="58-55-104(5)">The director may, with the concurrence of the commission, make distributions from the fund for the following purposes:<subsection number="58-55-104(5)(a)">education and training of licensees under this chapter who are practicing in the electrical trade; and</subsection><subsection number="58-55-104(5)(b)">education and training of other licensees under this chapter or the public in matters concerning electrical laws and practices.</subsection></subsection><subsection number="58-55-104(6)">If the balance in the fund is more than $100,000 at the end of any fiscal year, the excess amount shall be transferred to the General Fund.</subsection><subsection number="58-55-104(7)">The division shall report annually to the General Government Appropriations Subcommittee regarding the balance in the fund and how the fund is being used.</subsection></section><section number="58-55-104"><effdate>1/1/2027</effdate><histories><history>Repealed and Re-enacted by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Board created -- Duties.</catchline><subsection number="58-55-104(1)">There is created the Electricians and Plumbers Licensing Board consisting of the following members:<subsection number="58-55-104(1)(a)">three individuals:<subsection number="58-55-104(1)(a)(i)">licensed as master plumbers as defined in Section <xref depth="3" refnumber="58-55-401">58-55-401</xref>, or a journeyman plumber as defined in Section <xref depth="3" refnumber="58-55-401">58-55-401</xref>; and</subsection><subsection number="58-55-104(1)(a)(ii)">of whom at least one represents a union organization and at least one has no union affiliation;</subsection></subsection><subsection number="58-55-104(1)(b)">two individuals:<subsection number="58-55-104(1)(b)(i)">who are each a qualifier for separate licensed plumbing contractors as defined in Section <xref depth="3" refnumber="58-55-202">58-55-202</xref>; and</subsection><subsection number="58-55-104(1)(b)(ii)">of whom one represents a union organization and one has no union affiliation;</subsection></subsection><subsection number="58-55-104(1)(c)">three individuals:<subsection number="58-55-104(1)(c)(i)">licensed as master electricians as defined in Section <xref depth="3" refnumber="58-55-301">58-55-301</xref>, or as journeyman electricians as defined in Section <xref depth="3" refnumber="58-55-301">58-55-301</xref>; and</subsection><subsection number="58-55-104(1)(c)(ii)">of whom at least one represents a union organization and at least one has no union affiliation;</subsection></subsection><subsection number="58-55-104(1)(d)">two individuals:<subsection number="58-55-104(1)(d)(i)">who each are a qualifier for separate licensed electrical contractors as defined in Section <xref depth="3" refnumber="58-55-202">58-55-202</xref>; and</subsection><subsection number="58-55-104(1)(d)(ii)">of whom one represents a union organization and one has no union affiliation; and</subsection></subsection><subsection number="58-55-104(1)(e)">one individual who is a member of the general public and who has never been licensed in a construction trade.</subsection></subsection><subsection number="58-55-104(2)">The duties, functions, and responsibilities of the board include:<subsection number="58-55-104(2)(a)">recommending to the commission appropriate rules;</subsection><subsection number="58-55-104(2)(b)">recommending to the commission policy and budgetary matters;</subsection><subsection number="58-55-104(2)(c)">assisting the commission in fulfilling the commission's duties; and</subsection><subsection number="58-55-104(2)(d)">acting as presiding officer in conducting a hearing associated with an adjudicative proceeding and issuing recommended orders.</subsection></subsection></section><section number="58-55-105"><enddate type="SC">1/1/2027</enddate><histories><history>Amended by Chapter <modchap sess="2025GS">271</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Plumber Education Fund.</catchline><subsection number="58-55-105(1)">There is created an expendable special revenue fund known as the Plumber Education Fund.</subsection><subsection number="58-55-105(2)">The fund consists of money from a surcharge fee, established by the division in accordance with Section <xref depth="3" refnumber="63J-1-504" start="0">63J-1-504</xref>, placed on initial, renewal, and reinstatement licensure fees for apprentice plumbers, journeyman plumbers, master plumbers, residential journeyman plumbers, and residential master plumbers.</subsection><subsection number="58-55-105(3)">The surcharge fee described in Subsection <xref depth="4" refnumber="58-55-105(2)" start="0">(2)</xref> may not be more than $5.</subsection><subsection number="58-55-105(4)">The fund shall earn interest and all interest earned on fund money shall be deposited into the fund.</subsection><subsection number="58-55-105(5)">The director may, with the concurrence of the commission, make distributions from the fund for the following purposes:<subsection number="58-55-105(5)(a)">education and training of licensees under this chapter who are licensed in the professions described in Subsection <xref depth="4" refnumber="58-55-105(2)" start="0">(2)</xref>; and</subsection><subsection number="58-55-105(5)(b)">education and training of other licensees under this chapter or the public in matters concerning plumbing laws and practices.</subsection></subsection><subsection number="58-55-105(6)">If the balance in the fund is more than $100,000 at the end of any fiscal year, the excess amount shall be transferred to the General Fund.</subsection><subsection number="58-55-105(7)">The division shall report annually to the General Government Appropriations Subcommittee regarding the balance in the fund and how the fund is being used.</subsection></section><section number="58-55-105"><effdate>1/1/2027</effdate><histories><history>Repealed and Re-enacted by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>License required.</catchline><subsection number="58-55-105(1)"><subsection number="58-55-105(1)(a)">A person engaged in a construction trade or acting as a contractor shall obtain a license under this chapter before performing work unless exempt from licensure under Section <xref depth="3" refnumber="58-1-307">58-1-307</xref> or <xref depth="3" refnumber="58-55-110">58-55-110</xref>.</subsection><subsection number="58-55-105(1)(b)"> The only licenses required for a licensee to engage in a trade regulated by this chapter are:<subsection number="58-55-105(1)(b)(i)">a license issued under this chapter; and </subsection><subsection number="58-55-105(1)(b)(ii)">a business license from the local jurisdiction where the licensee maintains the licensee's principal place of business.</subsection></subsection><subsection number="58-55-105(1)(c)">The state or a political subdivision may not impose additional requirements on a licensee to do business except:<subsection number="58-55-105(1)(c)(i)">contract prequalification procedures a state agency requires; or</subsection><subsection number="58-55-105(1)(c)(ii)">the payment of fees a local jurisdiction makes as a condition for doing business.</subsection></subsection></subsection><subsection number="58-55-105(2)"><subsection number="58-55-105(2)(a)">To obtain a license, an applicant shall file an application that includes payment of a fee the division determines in accordance with Section <xref depth="3" refnumber="63J-1-504">63J-1-504</xref>.</subsection><subsection number="58-55-105(2)(b)">An applicant may apply for a license for one or more licenses issued in accordance with this chapter.</subsection><subsection number="58-55-105(2)(c)">The division shall issue each license for which the applicant applies and qualifies.</subsection><subsection number="58-55-105(2)(d)">The applicant shall submit a separate application and fee for each license.</subsection></subsection><subsection number="58-55-105(3)">With the concurrence of the director and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission may makes rules to further define the scope of work for:<subsection number="58-55-105(3)(a)">a general electrical contractor as defined in Section <xref depth="3" refnumber="58-55-202">58-55-202</xref>;</subsection><subsection number="58-55-105(3)(b)">a general plumbing contractor as defined in Section <xref depth="3" refnumber="58-55-202">58-55-202</xref>;</subsection><subsection number="58-55-105(3)(c)">an HVAC contractor as defined in Section <xref depth="3" refnumber="58-55-202">58-55-202</xref>;</subsection><subsection number="58-55-105(3)(d)">a residential electrical contractor as defined in Section <xref depth="3" refnumber="58-55-202">58-55-202</xref>; and</subsection><subsection number="58-55-105(3)(e)">a residential plumbing contractor as defined in Section <xref depth="3" refnumber="58-55-202">58-55-202</xref>.</subsection></subsection></section><section number="58-55-106"><enddate type="SC">1/1/2027</enddate><histories><history>Amended by Chapter <modchap sess="2020GS">339</modchap>, 2020 General Session</history><modyear>2020</modyear></histories><catchline>Surcharge fee.</catchline><subsection number="58-55-106(1)">
In addition to any other fees authorized by this chapter or by the division in accordance with Section <xref depth="3" refnumber="63J-1-504" start="0">63J-1-504</xref>, the division shall require each applicant for an initial license, renewal of a license, or reinstatement of a license under this chapter to pay a $1 surcharge fee.</subsection><subsection number="58-55-106(2)">
The surcharge fee shall be deposited in the General Fund as a dedicated credit to be used by the division to provide each licensee under this chapter with access to an electronic reference library that provides web-based access to national, state, and local building codes and standards.</subsection></section><section number="58-55-106"><effdate>1/1/2027</effdate><histories><history>Repealed and Re-enacted by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Surcharge.</catchline><subsection number="58-55-106(1)"><subsection number="58-55-106(1)(a)">The division shall collect a $1 surcharge from each applicant for an initial license, a renewal of a license, or a reinstatement of a license.</subsection><subsection number="58-55-106(1)(b)">The $1 surcharge is in addition to other fees this chapter or the division authorizes in accordance with Section <xref depth="3" refnumber="63J-1-504">63J-1-504</xref>.</subsection></subsection><subsection number="58-55-106(2)"><subsection number="58-55-106(2)(a)">The division shall deposit the surcharge into the General Fund as a dedicated credit.</subsection><subsection number="58-55-106(2)(b)">The division shall use the dedicated credits to provide a licensee with access to an internet-based library of national, state, and local building codes and standards.</subsection></subsection></section><section number="58-55-107"><effdate>1/1/2027</effdate><histories><history>Enacted by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Licensee names -- License number use -- Qualifier.</catchline><subsection number="58-55-107(1)">The division may not issue a license in a name that the division determines may result in confusion for the name of another licensee.</subsection><subsection number="58-55-107(2)">Except as provided in Subsection <xref depth="4" refnumber="58-55-107(1)">(1)</xref>, the division shall issue a license in the name of a contractor if the contractor applicant meets this chapter's requirements.</subsection><subsection number="58-55-107(3)">The division shall require the contractor's license number on permit applications, contracts, agreements, or bids that require a license.</subsection><subsection number="58-55-107(4)"><subsection number="58-55-107(4)(a)">The division shall require a contractor to have a qualifier.</subsection><subsection number="58-55-107(4)(b)">A qualifier for a contractor shall demonstrate to the division that the qualifier is:<subsection number="58-55-107(4)(b)(i)">licensed in accordance with this chapter; and</subsection><subsection number="58-55-107(4)(b)(ii)">an owner, officer, or manager of the contractor who exercises material authority in the conduct of the contracting business by:<subsection number="58-55-107(4)(b)(ii)(A)">making substantive technical and administrative decisions relating to the work performed for which this chapter requires a license;</subsection><subsection number="58-55-107(4)(b)(ii)(B)">hiring, promoting, transferring, laying off, disciplining, directing, or discharging employees of the contractor; and</subsection><subsection number="58-55-107(4)(b)(ii)(C)">avoiding involvement in other employment or activity that conflict with the qualifier's duties and responsibilities to ensure the licensee does not jeopardize the public health, safety, and welfare.</subsection></subsection></subsection></subsection><subsection number="58-55-107(5)"><subsection number="58-55-107(5)(a)">The division may take action against:<subsection number="58-55-107(5)(a)(i)">a contractor if the qualifier or contractor violates the requirements of this section; and</subsection><subsection number="58-55-107(5)(a)(ii)">a qualifier if the qualifier or contractor violates the requirements of this section.</subsection></subsection><subsection number="58-55-107(5)(b)">The division may consider a qualifier or contractor's failure to comply with the requirements of this section to be unprofessional conduct.</subsection></subsection><subsection number="58-55-107(6)"><subsection number="58-55-107(6)(a)">Except as provided in Subsection <xref tempid="193">(6)(b)</xref>, a contractor that is not a plumbing or electrical contractor may comply with the qualifier requirements when renewing a license in accordance with Section <xref depth="3" refnumber="58-55-108">58-55-108</xref> by recording an active employee name and license number from the applicable construction trade on the renewal application if the contractor has not violated the requirements of this chapter for a period of 10 consecutive years.</subsection><subsection number="58-55-107(6)(b)">If the business entity transfers more than 50% of the business entity's ownership at any time during the ten-year period before the renewal, the contractor may not meet the qualifier requirement in accordance with Subsection <xref depth="4" refnumber="58-55-107(6)(a)">(6)(a)</xref>.</subsection></subsection><subsection number="58-55-107(7)"><subsection number="58-55-107(7)(a)">Except as provided in Subsection <xref depth="4" refnumber="58-55-107(7)(b)">(7)(b)</xref>, a plumbing or electrical contractor may comply with the qualifier requirements when renewing a license in accordance with Section <xref depth="3" refnumber="58-55-108">58-55-108</xref> by recording an active employee name and license number from the applicable construction trade on the renewal application if the plumbing or electrical contractor has not violated the requirements of this chapter for a period of five consecutive years.</subsection><subsection number="58-55-107(7)(b)">If the plumbing or electrical business entity transfers more than 50% of the plumbing or electrical business entity's ownership at any time during the five-year period before the renewal, the plumbing or electrical business entity may not meet the qualifier requirement in accordance with Subsection <xref depth="4" refnumber="58-55-107(7)(a)">(7)(a)</xref>.</subsection></subsection><subsection number="58-55-107(8)"><subsection number="58-55-107(8)(a)">Notwithstanding Subsections <xref depth="4" refnumber="58-55-107(6)">(6)</xref> and <xref depth="4" refnumber="58-55-107(7)">(7)</xref>, if a qualifier for a contractor ceases association with the contractor, the contractor shall notify the division in writing within 10 days after the day on which the association ceases.</subsection><subsection number="58-55-107(8)(b)">If notice is given, the contractor's license shall remain in force for 60 days after the day on which the association ceases.</subsection><subsection number="58-55-107(8)(c)">The division shall suspend the contractor's license if the contractor does not replace the qualifier who ceases association with another qualifier within the 60-day period.</subsection></subsection><subsection number="58-55-107(9)">The division may suspend the contractor's license if the contractor does not notify the division of cessation of association of a qualifier.</subsection></section><section number="58-55-108"><effdate>1/1/2027</effdate><histories><history>Enacted by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Term of license -- Expiration -- Renewal and reinstatement.</catchline><subsection number="58-55-108(1)"><subsection number="58-55-108(1)(a)">The division shall issue a license for a term of two years as the division establishes by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.</subsection><subsection number="58-55-108(1)(b)">The division may extend or shorten a license term by up to one year to stagger renewals as the division determines by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.</subsection><subsection number="58-55-108(1)(c)"><subsection number="58-55-108(1)(c)(i)">Notwithstanding Subsections <xref depth="4" refnumber="58-55-108(1)(a)">(1)(a)</xref> and <xref depth="4" refnumber="58-55-108(b)">(b)</xref> and Title 63G, Chapter 4, Administrative Procedures Act, the division may suspend a license 60 days after the day on which the licensee:<subsection number="58-55-108(1)(c)(i)(A)">becomes an unincorporated entity subject to the ownership status report filing requirements in accordance with Section <xref depth="3" refnumber="58-55-112">58-55-112</xref>; or</subsection><subsection number="58-55-108(1)(c)(i)(B)">transfers the license to an unincorporated entity subject to the ownership status report filing requirements in accordance with Section <xref depth="3" refnumber="58-55-112">58-55-112</xref>.</subsection></subsection><subsection number="58-55-108(1)(c)(ii)">Subsection <xref depth="4" refnumber="58-55-108(1)(c)(i)">(1)(c)(i)</xref> may not apply if before the 60-day period ends:<subsection number="58-55-108(1)(c)(ii)(A)">the licensee submits an application to renew the license; and</subsection><subsection number="58-55-108(1)(c)(ii)(B)">the division renews the license under the submitted application.</subsection></subsection></subsection></subsection><subsection number="58-55-108(2)"><subsection number="58-55-108(2)(a)">The division shall renew or reinstate an individual license after the applicant:<subsection number="58-55-108(2)(a)(i)">submits an application in the individual's name;</subsection><subsection number="58-55-108(2)(a)(ii)">completes the number of hours of continuing education under Section <xref depth="3" refnumber="58-55-304">58-55-304</xref>, if the applicant is:<subsection number="58-55-108(2)(a)(ii)(A)">an apprentice electrician as defined in Section <xref depth="3" refnumber="58-55-301">58-55-301</xref>;</subsection><subsection number="58-55-108(2)(a)(ii)(B)">a journeyman electrician as defined in Section <xref depth="3" refnumber="58-55-301">58-55-301</xref>;</subsection><subsection number="58-55-108(2)(a)(ii)(C)">a master electrician as defined in Section <xref depth="3" refnumber="58-55-301">58-55-301</xref>;</subsection><subsection number="58-55-108(2)(a)(ii)(D)">a residential journeyman electrician as defined in Section <xref depth="3" refnumber="58-55-301">58-55-301</xref>; or</subsection><subsection number="58-55-108(2)(a)(ii)(E)">a residential master electrician as defined in Section <xref depth="3" refnumber="58-55-301">58-55-301</xref>;</subsection></subsection><subsection number="58-55-108(2)(a)(iii)">completes the number of hours of continuing education under Section <xref depth="3" refnumber="58-55-405">58-55-405</xref>, if the applicant is:<subsection number="58-55-108(2)(a)(iii)(A)">an apprentice plumber as defined in Section <xref depth="3" refnumber="58-55-401">58-55-401</xref>;</subsection><subsection number="58-55-108(2)(a)(iii)(B)">a journeyman plumber as defined in Section <xref depth="3" refnumber="58-55-401">58-55-401</xref>;</subsection><subsection number="58-55-108(2)(a)(iii)(C)">a master plumber as defined in Section <xref depth="3" refnumber="58-55-401">58-55-401</xref>;</subsection><subsection number="58-55-108(2)(a)(iii)(D)">a residential journeyman plumber as defined in Section <xref depth="3" refnumber="58-55-401">58-55-401</xref>; or</subsection><subsection number="58-55-108(2)(a)(iii)(E)">a residential master plumber as defined in Section <xref depth="3" refnumber="58-55-401">58-55-401</xref>; and</subsection></subsection><subsection number="58-55-108(2)(a)(iv)">meets all other requirements of this chapter.</subsection></subsection><subsection number="58-55-108(2)(b)">The division shall renew or reinstate a contractor's license after the applicant:<subsection number="58-55-108(2)(b)(i)">submits the application in the name of and on behalf of a contractor;</subsection><subsection number="58-55-108(2)(b)(ii)">demonstrates the contractor's financial responsibility in accordance with Section <xref depth="3" refnumber="58-55-205">58-55-205</xref>;</subsection><subsection number="58-55-108(2)(b)(iii)">lists the individual acting as the qualifier for the contractor;</subsection><subsection number="58-55-108(2)(b)(iv)">provides evidence that the qualifier:<subsection number="58-55-108(2)(b)(iv)(A)">has passed the required examination; and</subsection><subsection number="58-55-108(2)(b)(iv)(B)">has completed continuing education in accordance with Section <xref depth="3" refnumber="58-55-204">58-55-204</xref>; and</subsection></subsection><subsection number="58-55-108(2)(b)(v)">meets all other requirements of this chapter.</subsection></subsection></subsection><subsection number="58-55-108(3)">A license expires on the expiration date shown on the license.</subsection><subsection number="58-55-108(4)">In addition to requirements imposed by law, an applicant applying for reinstatement of a license the division suspends or revokes shall:<subsection number="58-55-108(4)(a)">pay fines the division imposes;</subsection><subsection number="58-55-108(4)(b)">resolve outstanding citations or disciplinary actions with the division;</subsection><subsection number="58-55-108(4)(c)">if the license the division suspends or revokes is a contractor's license, demonstrate financial responsibility in accordance with Section <xref depth="3" refnumber="58-55-205">58-55-205</xref> using titled assets; and</subsection><subsection number="58-55-108(4)(d)">if applicable, pay the reimbursement amount as provided in Title 38, Chapter 11, Residence Lien Restriction and Lien Recovery Fund Act.</subsection></subsection></section><section number="58-55-109"><effdate>1/1/2027</effdate><histories><history>Enacted by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>License denial.</catchline><subsection number="58-55-109(1)">The division shall deny an applicant a license under this chapter if:<subsection number="58-55-109(1)(a)">the division suspended or revoked a license the applicant held under this chapter less than two years before the date of the application;</subsection><subsection number="58-55-109(1)(b)"><subsection number="58-55-109(1)(b)(i)">the applicant is a partnership, corporation, or limited liability company; and</subsection><subsection number="58-55-109(1)(b)(ii)">a person that serves the applicant entity in a control position previously served in a control position for an entity that held a license the division suspended or revoked less than two years before the date of the application;</subsection></subsection><subsection number="58-55-109(1)(c)"><subsection number="58-55-109(1)(c)(i)">the applicant is a sole proprietorship; and</subsection><subsection number="58-55-109(1)(c)(ii)">a person that serves in a control position in an entity that held a license the division suspended or revoked less than two years before the date of the application; or</subsection></subsection><subsection number="58-55-109(1)(d)"><subsection number="58-55-109(1)(d)(i)">the applicant lists an individual who was an owner, director, or officer of an unincorporated entity at the time the division revoked the unincorporated entity's license; and</subsection><subsection number="58-55-109(1)(d)(ii)">the applicant applies for licensure within five years after the day on which the unincorporated entity's license is revoked.</subsection></subsection></subsection><subsection number="58-55-109(2)">The commission shall review the applicant's application before approval of a license if:<subsection number="58-55-109(2)(a)">the division suspended or revoked a license that the applicant held two years or more before the date of the application;</subsection><subsection number="58-55-109(2)(b)"><subsection number="58-55-109(2)(b)(i)">the applicant is a partnership, corporation, or limited liability company; and</subsection><subsection number="58-55-109(2)(b)(ii)">a person that serves the applicant entity in a control position previously served in a control position for an entity that held a license that the division suspended or revoked two years or more before the date of the application; or</subsection></subsection><subsection number="58-55-109(2)(c)"><subsection number="58-55-109(2)(c)(i)">the applicant is an individual or sole proprietorship; and</subsection><subsection number="58-55-109(2)(c)(ii)">an owner, an agent, or a qualifier served in a control position for an entity that held a license that the division suspended or revoked two years or more before the date of the application.</subsection></subsection></subsection></section><section number="58-55-110"><effdate>1/1/2027</effdate><histories><history>Renumbered and Amended by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Exemptions from licensure.</catchline><subsection number="58-55-110(1)">As used in this section:<subsection number="58-55-110(1)(a)"><subsection number="58-55-110(1)(a)(i)">"Sign contractor" means a sign installation contractor or nonelectrical outdoor advertising sign contractor, as classified and defined in division rules.</subsection><subsection number="58-55-110(1)(a)(ii)">"Sign contractor" does not include a sign installation contractor or nonelectrical outdoor advertising sign contractor, as defined in division rules subject to Title 72, Chapter 7, Part 5, Utah Outdoor Advertising Act.</subsection></subsection><subsection number="58-55-110(1)(b)"><subsection number="58-55-110(1)(b)(i)">"Token compensation" means compensation that is minimal in value when compared with the fair market value of the services provided by the person.</subsection><subsection number="58-55-110(1)(b)(ii)">"Token compensation" includes:<subsection number="58-55-110(1)(b)(ii)(A)">providing meals or refreshment while the services are provided; and</subsection><subsection number="58-55-110(1)(b)(ii)(B)">paying reasonable transportation costs incurred by the person in travel to and from the construction site.</subsection></subsection></subsection><subsection number="58-55-110(1)(c)">"Well drilling" means the same as that term is defined in Section <xref depth="3" refnumber="73-3-25">73-3-25</xref>.</subsection></subsection><subsection number="58-55-110(2)">In addition to the exemptions from licensure in Section <xref depth="3" refnumber="58-1-307">58-1-307</xref>, the following may engage in a construction trade without a license:<subsection number="58-55-110(2)(a)">an agricultural or natural resource worker if:<subsection number="58-55-110(2)(a)(i)">the construction trade is incidental to the construction or repair of an irrigation or drainage ditch of a regularly constituted irrigation district, reclamation district, or drainage district; or</subsection><subsection number="58-55-110(2)(a)(ii)">the construction trade is incidental to a repair relating to farming, dairying, agriculture, livestock or poultry raising, metal and coal mining, quarries, sand and gravel excavations, well drilling, hauling to and from construction sites, and lumbering;</subsection></subsection><subsection number="58-55-110(2)(b)">an appliance delivery worker if:<subsection number="58-55-110(2)(b)(i)">the construction trade is incidental to replacing an existing gas range, a gas dryer, an outdoor gas barbecue, or an outdoor gas patio heater with a new gas appliance; and</subsection><subsection number="58-55-110(2)(b)(ii)">there is an existing gas shutoff valve at the appliance;</subsection></subsection><subsection number="58-55-110(2)(c)">a construction student if:<subsection number="58-55-110(2)(c)(i)">the construction trade is a part of an education and training program the commission with the concurrence of the director approves;</subsection><subsection number="58-55-110(2)(c)(ii)">the work that is subject to inspection by a building inspector passes a building inspector's inspection; and</subsection><subsection number="58-55-110(2)(c)(iii)">a contractor obtains the necessary building permits;</subsection></subsection><subsection number="58-55-110(2)(d)">a government representative or employee if:<subsection number="58-55-110(2)(d)(i)">the construction trade is within the terms of the government representative or employee's trust, office, or employment; and</subsection><subsection number="58-55-110(2)(d)(ii)">the government representative or employee is an authorized representative or employee of the United States government, or of the state, or of a political subdivision;</subsection></subsection><subsection number="58-55-110(2)(e)">an electrical utility worker if:<subsection number="58-55-110(2)(e)(i)">the construction trade is incidental to work for a railroad corporation, a telephone corporation or an affiliate of the telephone corporation, an elevator contractor, or a street railway system; or</subsection><subsection number="58-55-110(2)(e)(ii)">the construction trade is incidental to work for a public service corporation, a rural electrification association, or a municipal utility that generates, distributes, or sells electrical energy for light, heat, or power;</subsection></subsection><subsection number="58-55-110(2)(f)">an elevator mechanic assistant if:<subsection number="58-55-110(2)(f)(i)">the construction trade is incidental to assisting a licensed elevator mechanic; and</subsection><subsection number="58-55-110(2)(f)(ii)">the construction trade is at the direction of the licensed elevator mechanic;</subsection></subsection><subsection number="58-55-110(2)(g)">an elevator mechanic licensed under this chapter if the construction trade is not related to the operational integrity of the elevator;</subsection><subsection number="58-55-110(2)(h)">a federal highway bidder if:<subsection number="58-55-110(2)(h)(i)">the bid is for a Federal-aid Highway Program project; and</subsection><subsection number="58-55-110(2)(h)(ii)">the contractor obtains proper licensure before starting the construction;</subsection></subsection><subsection number="58-55-110(2)(i)">a hot tub or sign installer if:<subsection number="58-55-110(2)(i)(i)">the construction trade is limited to an electrical trade; and</subsection><subsection number="58-55-110(2)(i)(ii)"><subsection number="58-55-110(2)(i)(ii)(A)"> the construction trade is incidental to installing or repairing an above-ground, prebuilt hot tub or spa; or</subsection><subsection number="58-55-110(2)(i)(ii)(B)">the construction trade is incidental to installing or repairing signage;</subsection></subsection></subsection><subsection number="58-55-110(2)(j)">a plumbing repair worker if:<subsection number="58-55-110(2)(j)(i)">the construction trade is limited to minor plumbing;</subsection><subsection number="58-55-110(2)(j)(ii)">the construction trade is incidental to a repair in a residential small commercial building or an agricultural structure; and</subsection><subsection number="58-55-110(2)(j)(iii)">the construction trade:<subsection number="58-55-110(2)(j)(iii)(A)">does not involve altering a piping or a gas system or a gas appliance; or</subsection><subsection number="58-55-110(2)(j)(iii)(B)">does not involve the initial installation of a fixture or an appliance;</subsection></subsection></subsection><subsection number="58-55-110(2)(k)">a product retailer if:<subsection number="58-55-110(2)(k)(i)">the construction trade is incidental to the sale of personal property that by design, may be attached or installed to real property; and</subsection><subsection number="58-55-110(2)(k)(ii)">the product retailer contracts with a person licensed under this chapter to attach or install the personal property on the real property;<highlight sid="8558"/></subsection></subsection><subsection number="58-55-110(2)(l)">a property owner, lessee, or an employee of the property owner or lessee if:<subsection number="58-55-110(2)(l)(i)">the construction trade is incidental to the maintenance of a property; and</subsection><subsection number="58-55-110(2)(l)(ii)">the construction trade is for the purpose of maintaining the property;</subsection></subsection><subsection number="58-55-110(2)(m)"> a public utility if:<subsection number="58-55-110(2)(m)(i)"> the construction trade is incidental to the public utility's work; and</subsection><subsection number="58-55-110(2)(m)(ii)">the public utility is operating under the rules of the Public Service Commission;</subsection></subsection><subsection number="58-55-110(2)(n)">subject to Subsection <xref tempid="883">(3)</xref>, a person working on a project that has a total cost of less than $7,000 including labor, material, and changes to the agreed upon work if the construction trade:<subsection number="58-55-110(2)(n)(i)">does not involve an electrical or plumbing system;</subsection><subsection number="58-55-110(2)(n)(ii)">does not involve a component of an electrical or plumbing system, including a faucet, a toilet, a fixture, a device, an outlet, or an electrical switch;</subsection><subsection number="58-55-110(2)(n)(iii)">does not involve the installation, repair, or replacement of a residential or commercial gas appliance or a combustion system;</subsection><subsection number="58-55-110(2)(n)(iv)">does not involve the installation, repair, or replacement of a water-based fire protection system;</subsection><subsection number="58-55-110(2)(n)(v)">does not involve the installation, repair, or replacement of a heating, ventilation, or air conditioning system; and</subsection><subsection number="58-55-110(2)(n)(vi)">does not involve the installation, repair, or replacement of a radon mitigation system or a soil depressurization system;</subsection></subsection><subsection number="58-55-110(2)(o)">a solar panel worker if the construction trade is electrical work incidental to installing or repairing a solar panel;</subsection><subsection number="58-55-110(2)(p)">a sole property owner if:<subsection number="58-55-110(2)(p)(i)"><subsection number="58-55-110(2)(p)(i)(A)">the sole property owner builds for the sole owner's noncommercial and nonpublic use no more than one residential structure per year on the sole owner's property and no more than three residential structures per five years on the sole owner's property; and</subsection><subsection number="58-55-110(2)(p)(i)(B)"> the construction trade is performed by the sole property owner or a volunteer in accordance with Subsection <xref depth="4" refnumber="58-55-305(2)(r)">(2)(r)</xref>; or</subsection></subsection><subsection number="58-55-110(2)(p)(ii)">the construction trade is incidental to a residential structure on the property, including a shed, carport, or detached garage;</subsection></subsection><subsection number="58-55-110(2)(q)">a specialty contractor as defined in Section <xref depth="3" refnumber="58-55-202">58-55-202</xref>, if:<subsection number="58-55-110(2)(q)(i)">the construction trade is incidental to the specialty contractor's trade; and</subsection><subsection number="58-55-110(2)(q)(ii)">the director does not determine by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that the specialty contractor's performance of the trade significantly impacts the public's health, safety, or welfare;</subsection></subsection><subsection number="58-55-110(2)(r)">a volunteer working on a noncommercial and nonpublic use residential building if:<subsection number="58-55-110(2)(r)(i)">the construction trade is without compensation other than token compensation that is not considered salary or wages; and</subsection><subsection number="58-55-110(2)(r)(ii)">the volunteer works under the direction of the property owner; or</subsection></subsection><subsection number="58-55-110(2)(s)">a water treatment installation worker if:<subsection number="58-55-110(2)(s)(i)">the construction trade is incidental to installing or repairing a water conditioner or other water treatment apparatus;</subsection><subsection number="58-55-110(2)(s)(ii)">the water conditioner or other water treatment apparatus meets the state construction code and local plumbing standards; and</subsection><subsection number="58-55-110(2)(s)(iii)">the appropriate specialty contractor as defined in Section <xref depth="3" refnumber="58-55-202">58-55-202</xref>, directs the installation or repair.</subsection></subsection></subsection><subsection number="58-55-110(3)"><subsection number="58-55-110(3)(a)">If the total value of the project under Subsection <xref depth="4" refnumber="58-55-305(2)(n)">(2)(n)</xref> is greater than $3,000, the person shall:<subsection number="58-55-110(3)(a)(i)">register with the Division of  Corporations and Commercial Code; and</subsection><subsection number="58-55-110(3)(a)(ii)">submit to the division documentation that the person has:<subsection number="58-55-110(3)(a)(ii)(A)">public liability insurance in a coverage amount and form the division makes by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and</subsection><subsection number="58-55-110(3)(a)(ii)(B)">if applicable, workers' compensation insurance that would cover an employee of the person if the employee works on the project.</subsection></subsection></subsection><subsection number="58-55-110(3)(b)">The division shall establish by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, when a person needs to resubmit documentation described in Subsection <xref depth="4" refnumber="58-55-305(3)(a)">(3)(a)</xref>.</subsection></subsection></section><section number="58-55-111"><effdate>1/1/2027</effdate><histories><history>Renumbered and Amended by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Confidentiality of records and reports.</catchline><subsection number="58-55-111(1)">A credit report, a financial statement, and other information an applicant submits or requests to have submitted to the division to demonstrate financial responsibility in accordance with Section <xref depth="3" refnumber="58-55-205">58-55-205</xref>:<subsection number="58-55-111(1)(a)">is a protected record under <xref depth="1" refnumber="63G-2" start="0">Title 63G, Chapter 2, Government Records Access and Management Act</xref>; and</subsection><subsection number="58-55-111(1)(b)">notwithstanding Subsection <xref depth="4" refnumber="58-55-307(1)(a)" start="0">(1)(a)</xref>, may be considered by the commission in a public meeting, unless the owner of the information requests that the meeting be closed to the public in accordance with <xref depth="1" refnumber="52-4" start="0">Title 52, Chapter 4, Open and Public Meetings Act</xref>.</subsection></subsection><subsection number="58-55-111(2)">Notwithstanding the provisions of <xref depth="1" refnumber="63G-2" start="0">Title 63G, Chapter 2, Government Records Access and Management Act</xref>, a record described in Subsection <xref depth="4" refnumber="58-55-307(1)" start="0">(1)</xref> is not open for public inspection and is not subject to discovery in civil or administrative proceedings.</subsection></section><section number="58-55-112"><effdate>1/1/2027</effdate><histories><history>Enacted by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Unincorporated entities -- Reporting requirements.</catchline><subsection number="58-55-112(1)"><subsection number="58-55-112(1)(a)"><subsection number="58-55-112(1)(a)(i)">A contractor that is an unincorporated entity shall file an ownership status report with the division every 30 days beginning 30 days after the day on which the division issues the license if the contractor has more than five owners who are individuals that:<subsection number="58-55-112(1)(a)(i)(A)">own an interest in the contractor;</subsection><subsection number="58-55-112(1)(a)(i)(B)">directly or indirectly own less than an 8% interest in the unincorporated entity as defined by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and</subsection><subsection number="58-55-112(1)(a)(i)(C)">engage, or will engage, in a construction trade in the state as owners of the contractor described in Subsection <xref depth="4" refnumber="58-55-112(1)(a)(i)(a)">(1)(a)(i)(A)</xref>.</subsection></subsection><subsection number="58-55-112(1)(a)(ii)">A contractor that is an unincorporated entity shall file an ownership status report with an application for renewal of licensure if the contractor has five or fewer owners described in this Subsection <xref depth="4" refnumber="58-55-112(1)(a)(i)">(1)(a)(i)</xref>.</subsection></subsection><subsection number="58-55-112(1)(b)">An ownership status report shall:<subsection number="58-55-112(1)(b)(i)">specify each addition or deletion of an owner from the day after the day on which:<subsection number="58-55-112(1)(b)(i)(A)">the division licenses the unincorporated entity, for the first ownership status report; and</subsection><subsection number="58-55-112(1)(b)(i)(B)">the contractor files a previous ownership status report for a later ownership status report;</subsection></subsection><subsection number="58-55-112(1)(b)(ii)">be in a format the division approves and include the information required by Subsection <xref depth="4" refnumber="58-55-112(2)(a)(ii)">(2)(a)(ii)</xref> for each owner, regardless of the owner's percentage ownership in the unincorporated entity;</subsection><subsection number="58-55-112(1)(b)(iii)">list the name of:<subsection number="58-55-112(1)(b)(iii)(A)">each officer or manager of the unincorporated entity; and</subsection><subsection number="58-55-112(1)(b)(iii)(B)">each additional individual involved in the operation, supervision, or management of the unincorporated entity; and</subsection></subsection><subsection number="58-55-112(1)(b)(iv)">be accompanied by a fee the division sets in accordance with Section <xref depth="3" refnumber="63J-1-504">63J-1-504</xref> if the ownership status report indicates there is a change.</subsection></subsection><subsection number="58-55-112(1)(c)">At any time, the division may audit an ownership status report under this Subsection <xref depth="4" refnumber="58-55-112(1)">(1)</xref> to determine if the unincorporated entity:<subsection number="58-55-112(1)(c)(i)">demonstrates financial responsibility in accordance with Section <xref depth="3" refnumber="58-55-205">58-55-205</xref>; and</subsection><subsection number="58-55-112(1)(c)(ii)">complies with Subsection <xref depth="4" refnumber="58-55-601(19)">58-55-601(19)</xref>, (20), or (21) or Subsection <xref depth="4" refnumber="58-55-603(6)">58-55-603(6)</xref>.</subsection></subsection></subsection><subsection number="58-55-112(2)">An unincorporated entity that provides labor to an entity licensed under this chapter by supplying an individual who owns an interest in the unincorporated entity to engage in a construction trade shall file with the division:<subsection number="58-55-112(2)(a)">before the individual engages in a construction trade, a current ownership list that includes:<subsection number="58-55-112(2)(a)(i)">each individual who holds an ownership interest in the unincorporated entity; and</subsection><subsection number="58-55-112(2)(a)(ii)">for each individual:<subsection number="58-55-112(2)(a)(ii)(A)">the individual's name, address, birth date, and social security number; and</subsection><subsection number="58-55-112(2)(a)(ii)(B)">the individual's engagement in a construction trade; and</subsection></subsection></subsection><subsection number="58-55-112(2)(b)">every 30 days after submitting the ownership list under Subsection <xref depth="4" refnumber="58-55-112(1)(a)">(1)(a)</xref>, an ownership status report that includes the same information required under Subsection <xref depth="4" refnumber="58-55-112(1)(a)">(1)(a)</xref> as if the unincorporated entity were a licensed contractor.</subsection></subsection><subsection number="58-55-112(3)">An unincorporated entity shall pay a fee the division sets in accordance with Section <xref depth="3" refnumber="63J-1-504">63J-1-504</xref> when filing an ownership status report described in Subsection <xref depth="4" refnumber="58-55-112(1)(a)">(1)(a)</xref>.</subsection><subsection number="58-55-112(4)">Nothing in this chapter creates or supports an independent contractor relationship between an unincorporated entity described in Subsection <xref depth="4" refnumber="58-55-112(1)">(1)</xref> or <xref depth="4" refnumber="58-55-112(2)">(2)</xref> and the unincorporated entity's owners.</subsection><subsection number="58-55-112(5)"><subsection number="58-55-112(5)(a)">A social security number an individual provides under this section is a private record under Subsection <xref depth="4" refnumber="63G-2-302(1)(i)">63G-2-302(1)(i)</xref>.</subsection><subsection number="58-55-112(5)(b)">The division may classify an applicant's evidence of identity under this section as a private record in accordance with Section <xref depth="3" refnumber="63G-2-302">63G-2-302</xref>.</subsection></subsection></section></part><part number="58-55-2"><enddate type="SC">1/1/2027</enddate><catchline>Board</catchline></part><part number="58-55-2"><effdate>1/1/2027</effdate><catchline>Contractors</catchline><section number="58-55-201"><histories><history>Amended by Chapter <modchap sess="2024GS">507</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Boards created -- Duties.</catchline><subsection number="58-55-201(1)">There is created the Electrician and Plumbers Licensing Board consisting of the following members:<subsection number="58-55-201(1)(a)">three members licensed from among the license classifications of master or journeyman plumber, of whom at least one represents a union organization and at least one has no union affiliation;</subsection><subsection number="58-55-201(1)(b)">two members who are licensed plumbing contractors, of whom at least one represents a union organization and at least one has no union affiliation;</subsection><subsection number="58-55-201(1)(c)">three members licensed from among the license classifications of master or journeyman electrician, of whom at least one shall represent a union organization and at least one shall be selected having no union affiliation; and</subsection><subsection number="58-55-201(1)(d)">two members who are licensed electrical contractors, of whom at least one represents a union organization and at least one has no union affiliation;</subsection><subsection number="58-55-201(1)(e)">one member who is from the public at large with no history of involvement in the construction trades.</subsection></subsection><subsection number="58-55-201(2)"><subsection number="58-55-201(2)(a)">There is created the Alarm System Security and Licensing Board consisting of the following members:<subsection number="58-55-201(2)(a)(i)">three individuals who are officers or owners of a licensed alarm business;</subsection><subsection number="58-55-201(2)(a)(ii)">one individual from among nominees of the Utah Peace Officers Association; and</subsection><subsection number="58-55-201(2)(a)(iii)">one individual representing the general public.</subsection></subsection><subsection number="58-55-201(2)(b)">The Alarm System Security and Licensing Board shall designate one of its members on a permanent or rotating basis to:<subsection number="58-55-201(2)(b)(i)">assist the division in reviewing complaints concerning the unlawful or unprofessional conduct of a licensee; and</subsection><subsection number="58-55-201(2)(b)(ii)">advise the division in its investigation of these complaints.</subsection></subsection><subsection number="58-55-201(2)(c)">A board member who has, under this Subsection (2)(c), reviewed a complaint or advised in its investigation is disqualified from participating with the board when the board serves as a presiding officer in an adjudicative proceeding concerning the complaint.</subsection></subsection><subsection number="58-55-201(3)">The duties, functions, and responsibilities of each board described in Subsections (1) and (2) include the following:<subsection number="58-55-201(3)(a)">recommending to the commission appropriate rules;</subsection><subsection number="58-55-201(3)(b)">recommending to the commission policy and budgetary matters;</subsection><subsection number="58-55-201(3)(c)">approving and establishing a passing score for applicant examinations;</subsection><subsection number="58-55-201(3)(d)">overseeing the screening of applicants for licensing, renewal, reinstatement, and relicensure;</subsection><subsection number="58-55-201(3)(e)">assisting the commission in establishing standards of supervision for students or persons in training to become qualified to obtain a license in the occupation or profession the board represents; and</subsection><subsection number="58-55-201(3)(f)">acting as presiding officer in conducting hearings associated with the adjudicative proceedings and in issuing recommended orders when so authorized by the commission.</subsection></subsection></section><section number="58-55-202"><effdate>1/1/2027</effdate><histories><history>Enacted by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Definitions.</catchline>As used in this part:<subsection number="58-55-202(1)">"Approved pre-licensure course provider" means a provider:<subsection number="58-55-202(1)(a)">that is:<subsection number="58-55-202(1)(a)(i)">the Associated General Contractors of Utah;</subsection><subsection number="58-55-202(1)(a)(ii)">the Utah Chapter of the Associated Builders and Contractors; or</subsection><subsection number="58-55-202(1)(a)(iii)">the Utah Home Builders Association; and</subsection></subsection><subsection number="58-55-202(1)(b)">that offers the 25-hour course described in Subsection <xref depth="4" refnumber="58-55-204(1)(c)">58-55-204(1)(c)</xref>:<subsection number="58-55-202(1)(b)(i)">at least six times each year; and</subsection><subsection number="58-55-202(1)(b)(ii)">in one or more counties within the state other than Salt Lake County, Utah County, Davis County, or Weber County.</subsection></subsection></subsection><subsection number="58-55-202(2)">"Elevator contractor" means a person that performs or superintends erecting, constructing, installing, altering, servicing, repairing, or maintaining an elevator.</subsection><subsection number="58-55-202(3)">"First-tier subcontractor" means a subcontractor that contracts directly with the general contractor.</subsection><subsection number="58-55-202(4)"><subsection number="58-55-202(4)(a)">"General building contractor" means a person that performs or superintends:<subsection number="58-55-202(4)(a)(i)">the construction of structures for the support, shelter, or enclosure of individuals, animals, or personal property; or </subsection><subsection number="58-55-202(4)(a)(ii)">any of the components of the construction described in Subsection <xref depth="4" refnumber="58-55-202(4)(a)(i)">(4)(a)(i)</xref>.</subsection></subsection><subsection number="58-55-202(4)(b)">"General building contractor" does not include construction trade relating to:<subsection number="58-55-202(4)(b)(i)">plumbing;</subsection><subsection number="58-55-202(4)(b)(ii)">electrical work;</subsection><subsection number="58-55-202(4)(b)(iii)">mechanical work;</subsection><subsection number="58-55-202(4)(b)(iv)">work related to the operational integrity of an elevator;</subsection><subsection number="58-55-202(4)(b)(v)">work related to the installation of manufactured housing; or</subsection><subsection number="58-55-202(4)(b)(vi)">work that the division determines by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, poses a substantial risk to the public health, safety, and welfare unless the general building contractor holds a valid license as a specialty contractor for the construction trade.</subsection></subsection><subsection number="58-55-202(4)(c)">"General building contractor" includes the mechanical work for the construction of single-family and multifamily residences of up to four units when the mechanical work is performed by a licensed master plumber as defined in Section <xref depth="3" refnumber="58-55-401">58-55-401</xref>, a licensed journeyman plumber as defined in Section <xref depth="3" refnumber="58-55-401">58-55-401</xref>, a licensed master electrician as defined in Section <xref depth="3" refnumber="58-55-301">58-55-301</xref>, or a licensed journeyman electrician as defined in Section <xref depth="3" refnumber="58-55-301">58-55-301</xref> that the general building contractor employs.</subsection></subsection><subsection number="58-55-202(5)">"General electrical contractor" means a person that performs or superintends the fabrication, construction, and installation of generators, transformers, conduits, raceways, panels, switch gear, electrical wires, fixtures, appliances, apparatus that uses electrical energy, or other work the division authorizes by rule in accordance with Subsection <xref depth="4" refnumber="58-55-105(3)">58-55-105(3)</xref>.</subsection><subsection number="58-55-202(6)">"General engineering contractor" means a person that performs or superintends the construction of fixed works, or components of fixed works, and has specialized engineering knowledge and skill in:<subsection number="58-55-202(6)(a)">airports;</subsection><subsection number="58-55-202(6)(b)">airport runways;</subsection><subsection number="58-55-202(6)(c)">bridges;</subsection><subsection number="58-55-202(6)(d)">chemical plants;</subsection><subsection number="58-55-202(6)(e)">drainage;</subsection><subsection number="58-55-202(6)(f)">electrical utilities;</subsection><subsection number="58-55-202(6)(g)">flood control;</subsection><subsection number="58-55-202(6)(h)">foundations;</subsection><subsection number="58-55-202(6)(i)">harbors;</subsection><subsection number="58-55-202(6)(j)">highways;</subsection><subsection number="58-55-202(6)(k)">industrial plants;</subsection><subsection number="58-55-202(6)(l)">inland waterways;</subsection><subsection number="58-55-202(6)(m)">irrigation systems;</subsection><subsection number="58-55-202(6)(n)">piers;</subsection><subsection number="58-55-202(6)(o)">pipelines;</subsection><subsection number="58-55-202(6)(p)">power plants;</subsection><subsection number="58-55-202(6)(q)">railroads;</subsection><subsection number="58-55-202(6)(r)">refineries;</subsection><subsection number="58-55-202(6)(s)">sewers;</subsection><subsection number="58-55-202(6)(t)">tunnels;</subsection><subsection number="58-55-202(6)(u)">underground electric utility conduits;</subsection><subsection number="58-55-202(6)(v)">utility plants;</subsection><subsection number="58-55-202(6)(w)">water power; or</subsection><subsection number="58-55-202(6)(x)">water supply.</subsection></subsection><subsection number="58-55-202(7)">"General plumbing contractor" means a person that performs or superintends the fabrication or installation of material and fixtures to create and maintain sanitary conditions in a building by providing a permanent means for:<subsection number="58-55-202(7)(a)">a supply of safe and pure water;</subsection><subsection number="58-55-202(7)(b)">the timely and complete removal from the premises of used or contaminated water, fluid and semi-fluid organic wastes, and other impurities incidental to life;</subsection><subsection number="58-55-202(7)(c)">a safe and adequate supply of gas for lighting, heating, and industrial purposes; or</subsection><subsection number="58-55-202(7)(d)">other work the division authorizes by rule in accordance with Subsection <xref depth="4" refnumber="58-55-105(3)">58-55-105(3)</xref>.</subsection></subsection><subsection number="58-55-202(8)">"HVAC" means a heating, ventilation, and air conditioning system and the specific components that are a part of the system, including the gas line.</subsection><subsection number="58-55-202(9)">"HVAC contractor" means a person that performs or superintends the installation, maintenance, repair, and servicing of heating, ventilation, air conditioning systems or any other work the division authorizes by rule in accordance with Subsection <xref depth="4" refnumber="58-55-105(3)">58-55-105(3)</xref>.</subsection><subsection number="58-55-202(10)">"Public project" means the contract is with or authorized by a public entity as defined in Section <xref depth="3" refnumber="63G-6a-103">63G-6a-103</xref>.</subsection><subsection number="58-55-202(11)"><subsection number="58-55-202(11)(a)">"Residential and small commercial contractor" means a person that performs or superintends the construction or supervision of the construction for:<subsection number="58-55-202(11)(a)(i)">a single-family residence;</subsection><subsection number="58-55-202(11)(a)(ii)">a multifamily residence with no more than four units; and</subsection><subsection number="58-55-202(11)(a)(iii)">a commercial structure that is three stories or less above ground and does not exceed 20,000 square feet.</subsection></subsection><subsection number="58-55-202(11)(b)">"Residential and small commercial contractor" does not include:<subsection number="58-55-202(11)(b)(i)">plumbing;</subsection><subsection number="58-55-202(11)(b)(ii)">electrical work;</subsection><subsection number="58-55-202(11)(b)(iii)">mechanical work;</subsection><subsection number="58-55-202(11)(b)(iv)">work related to the operational integrity of an elevator;</subsection><subsection number="58-55-202(11)(b)(v)">construction trade involving the installation of manufactured housing; or</subsection><subsection number="58-55-202(11)(b)(vi)">work the division determines by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, poses a substantial risk to the public health, safety, and welfare unless the general building contractor holds a specialty contractor license.</subsection></subsection><subsection number="58-55-202(11)(c)">"Residential and small commercial contractor" includes the mechanical work for the construction of single-family and multifamily residences of up to four units when the mechanical work is performed by a licensed electrician as defined in Section <xref depth="3" refnumber="58-55-301">58-55-301</xref> or a licensed plumber as defined in Section <xref depth="3" refnumber="58-55-401">58-55-401</xref> that the residential and small commercial contractor employs.</subsection></subsection><subsection number="58-55-202(12)">"Residential electrical contractor" means a person that performs or superintends:<subsection number="58-55-202(12)(a)">the fabrication, construction, and installation of services;</subsection><subsection number="58-55-202(12)(b)">the disconnection of means, grounding devices, panels, conductors, load centers, lighting and plug circuits, appliances, and fixtures in a residential unit; or</subsection><subsection number="58-55-202(12)(c)">any other work the division authorizes by rule in accordance with Subsection <xref depth="4" refnumber="58-55-105(3)">58-55-105(3)</xref>.</subsection></subsection><subsection number="58-55-202(13)">"Residential plumbing contractor" means a person that performs or superintends the fabrication or installation of material and fixtures to create and maintain sanitary conditions in a residential building by providing permanent means for:<subsection number="58-55-202(13)(a)">a supply of safe and pure water;</subsection><subsection number="58-55-202(13)(b)">the timely and complete removal from the premises of used or contaminated water, fluid and semi-fluid organic wastes and other impurities incidental to life;</subsection><subsection number="58-55-202(13)(c)">a safe and adequate supply of gas for lighting, heating, and residential purposes; or</subsection><subsection number="58-55-202(13)(d)">other work the division authorizes by rule in accordance with Subsection <xref depth="4" refnumber="58-55-105(3)">58-55-105(3)</xref>.</subsection></subsection><subsection number="58-55-202(14)">"Second-tier subcontractor" means a subcontractor that contracts with a subcontractor.</subsection><subsection number="58-55-202(15)">"Specialty contractor" means a person that performs or superintends the construction trades and crafts requiring specialized skill, the regulation of which the division determines to be in the best interest of the public health, safety, and welfare.</subsection><subsection number="58-55-202(16)"><subsection number="58-55-202(16)(a)">"Subcontractor" means a person under contract with a general contractor or another subcontractor to provide services or labor for the construction, installation, or repair of an improvement to real property.</subsection><subsection number="58-55-202(16)(b)">"Subcontractor" includes a trade contractor or specialty contractor.</subsection><subsection number="58-55-202(16)(c)">"Subcontractor" includes a first-tier subcontractor and a second-tier subcontractor.</subsection><subsection number="58-55-202(16)(d)">"Subcontractor" does not include a supplier that provides only materials, equipment, or supplies to a general contractor or subcontractor.</subsection></subsection><subsection number="58-55-202(17)">"Zero estimated exposure policy" means the same as that term is defined in Section <xref depth="3" refnumber="31A-22-1017">31A-22-1017</xref>.</subsection></section><section number="58-55-203"><effdate>1/1/2027</effdate><histories><history>Enacted by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Qualifications for licensure.</catchline><subsection number="58-55-203(1)">Each applicant for a license under this part shall:<subsection number="58-55-203(1)(a)">submit a completed application on a form the division approves;</subsection><subsection number="58-55-203(1)(b)">pay the fee the division determines in accordance with Section <xref depth="3" refnumber="63J-1-504">63J-1-504</xref>;</subsection><subsection number="58-55-203(1)(c)">complete a 25-hour pre-licensure course that:<subsection number="58-55-203(1)(c)(i)">is taught by an approved pre-licensure course provider;</subsection><subsection number="58-55-203(1)(c)(ii)">meets the requirements the commission makes with the concurrence of the director and by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and</subsection><subsection number="58-55-203(1)(c)(iii)">provides any offered test free of charge;</subsection></subsection><subsection number="58-55-203(1)(d)">complete a five-hour business and law course that:<subsection number="58-55-203(1)(d)(i)">is taught by an approved pre-licensure course provider; and</subsection><subsection number="58-55-203(1)(d)(ii)">meets the requirements the commission makes with the concurrence of the director and by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;</subsection></subsection><subsection number="58-55-203(1)(e)">satisfy examination requirements the commission makes with the concurrence of the director and by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and</subsection><subsection number="58-55-203(1)(f)">except for an applicant for a construction trades instructor license, provide evidence of:<subsection number="58-55-203(1)(f)(i)">two-years' full-time, paid employment experience in the construction industry; and</subsection><subsection number="58-55-203(1)(f)(ii)">knowledge of business practices and principles necessary to protect the public health, safety, and welfare.</subsection></subsection></subsection><subsection number="58-55-203(2)">An applicant for licensure as a construction trades instructor shall satisfy additional requirements the division makes by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.</subsection><subsection number="58-55-203(3)">An applicant who is a licensed journeyman lineman in another jurisdiction may satisfy Subsection <xref depth="4" refnumber="58-55-203(1)(f)(i)">(1)(f)(i)</xref> by meeting the requirements the division makes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.</subsection><subsection number="58-55-203(4)">A general engineering contractor may not perform or superintend:<subsection number="58-55-203(4)(a)">construction of a structure built primarily for the support, shelter, and enclosure of individuals, animals, or personal property;</subsection><subsection number="58-55-203(4)(b)">plumbing work;</subsection><subsection number="58-55-203(4)(c)">electrical work beyond underground electric utility conduit or electrical utilities;</subsection><subsection number="58-55-203(4)(d)">high voltage utility work as the division defines by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, without a journeyman lineman;</subsection><subsection number="58-55-203(4)(e)">mechanical work; or</subsection><subsection number="58-55-203(4)(f)">work for which the general engineering contractor does not have the required specialized engineering knowledge and skill.</subsection></subsection><subsection number="58-55-203(5)">An applicant for licensure as an HVAC contractor shall submit to the division satisfactory evidence that the applicant:<subsection number="58-55-203(5)(a)">completed two-years' full-time, paid employment requiring HVAC specific experience; and</subsection><subsection number="58-55-203(5)(b)">passed an examination the commission makes by rule with the director's concurrence and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.</subsection></subsection><subsection number="58-55-203(6)">A specialty contractor may perform construction trade other than those in which the specialty contractor is licensed if they are incidental to the performance of the specialty contractor's licensed construction trade.</subsection><subsection number="58-55-203(7)">An applicant for a contractor license who is a building inspector may satisfy the two-year experience requirement in Subsection <xref depth="4" refnumber="58-55-203(1)(f)">(1)(f)</xref> by providing evidence of two-years' of full-time, paid employment as a building inspector, including at least one year as a licensed combination inspector.</subsection><subsection number="58-55-203(8)">Each qualifier shall meet the following additional requirements:<subsection number="58-55-203(8)(a)">for residential electrical contractor licensure, the qualifier shall hold a master electrician or master residential electrician license;</subsection><subsection number="58-55-203(8)(b)">for electrical contractor licensure, the qualifier shall hold a master electrician license;</subsection><subsection number="58-55-203(8)(c)">for residential plumbing contractor licensure, the qualifier shall hold a master plumber license or master residential plumber license;</subsection><subsection number="58-55-203(8)(d)">for plumbing contractor licensure, the qualifier shall hold a master plumber license; or</subsection><subsection number="58-55-203(8)(e)">for elevator contractor licensure, the qualifier shall hold an elevator mechanic license and provide satisfactory evidence of three-years' experience as an elevator mechanic.</subsection></subsection><subsection number="58-55-203(9)"><subsection number="58-55-203(9)(a)">The qualifier and each individual holding at least a 10% voting interest shall:<subsection number="58-55-203(9)(a)(i)">consent to and complete a criminal background check as described in Section <xref depth="3" refnumber="58-1-301.5">58-1-301.5</xref>;</subsection><subsection number="58-55-203(9)(a)(ii)">meet the background check standard the division makes by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and</subsection><subsection number="58-55-203(9)(a)(iii)">disclose criminal history on a form the division approves.</subsection></subsection><subsection number="58-55-203(9)(b)">When the applicant is an unincorporated entity, the applicant shall provide, in accordance with Subsection <xref depth="4" refnumber="58-55-112(2)">58-55-112(2)</xref>, a list of each individual holding an ownership interest on the date the applicant applies for licensure.</subsection></subsection><subsection number="58-55-203(10)"><subsection number="58-55-203(10)(a)">Before the division issues a license, the applicant shall file with the division:<subsection number="58-55-203(10)(a)(i)"><subsection number="58-55-203(10)(a)(i)(A)">proof of workers' compensation insurance covering the applicant's employees; or</subsection><subsection number="58-55-203(10)(a)(i)(B)">a workers' compensation waiver if the applicant claims to not have any employees;</subsection></subsection><subsection number="58-55-203(10)(a)(ii)">proof of public liability insurance in the coverage amounts and form the division makes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and</subsection><subsection number="58-55-203(10)(a)(iii)">proof of registration as required by law with:<subsection number="58-55-203(10)(a)(iii)(A)">the Division of Corporations and Commercial Code;</subsection><subsection number="58-55-203(10)(a)(iii)(B)">the Unemployment Insurance Division in the Department of Workforce Services, for purposes of Title 35A, Chapter 4, Employment Security Act;</subsection><subsection number="58-55-203(10)(a)(iii)(C)">the State Tax Commission; and</subsection><subsection number="58-55-203(10)(a)(iii)(D)">the Internal Revenue Service.</subsection></subsection></subsection><subsection number="58-55-203(10)(b)">An applicant for licensure as a construction trades instructor is exempt from the requirements under this Subsection <xref depth="4" refnumber="58-55-203(10)">(10)</xref>.</subsection></subsection></section><section number="58-55-204"><effdate>1/1/2027</effdate><histories><history>Enacted by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Contractor continuing education requirements  -- Continuing education courses.</catchline><subsection number="58-55-204(1)">During each two-year license term the division establishes by rule in accordance with Section <xref depth="3" refnumber="58-55-108">58-55-108</xref>, a contractor shall complete six hours of continuing education.</subsection><subsection number="58-55-204(2)"><subsection number="58-55-204(2)(a)">Subject to Subsections <xref depth="4" refnumber="58-55-204(2)(b)">(2)(b)</xref> through <xref depth="4" refnumber="58-55-204(2)(e)">(2)(e)</xref>, the commission shall establish by rule, made with the concurrence of the director and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, approved continuing education for contractor licensees.</subsection><subsection number="58-55-204(2)(b)">The commission may only approve courses for continuing education if offered by:<subsection number="58-55-204(2)(b)(i)">the Associated General Contractors of Utah;</subsection><subsection number="58-55-204(2)(b)(ii)">Associated Builders and Contractors, Utah Chapter;</subsection><subsection number="58-55-204(2)(b)(iii)">the Utah Home Builders Association;</subsection><subsection number="58-55-204(2)(b)(iv)">the National Electrical Contractors Association Intermountain Chapter;</subsection><subsection number="58-55-204(2)(b)(v)">the Utah Plumbing and Heating Contractors Association;</subsection><subsection number="58-55-204(2)(b)(vi)">the Independent Electrical Contractors of Utah;</subsection><subsection number="58-55-204(2)(b)(vii)">the Rocky Mountain Gas Association;</subsection><subsection number="58-55-204(2)(b)(viii)">the Utah Mechanical Contractors Association;</subsection><subsection number="58-55-204(2)(b)(ix)">the Sheet Metal Contractors Association;</subsection><subsection number="58-55-204(2)(b)(x)">the Intermountain Electrical Association;</subsection><subsection number="58-55-204(2)(b)(xi)">the American Subcontractors Association, Utah Chapter;</subsection><subsection number="58-55-204(2)(b)(xii)">the Utah Roofing Contractors Association;</subsection><subsection number="58-55-204(2)(b)(xiii)">a state executive branch agency;</subsection><subsection number="58-55-204(2)(b)(xiv)">a workers' compensation insurance carrier that provides workers' compensation insurance under Section <xref depth="3" refnumber="31A-22-1001">31A-22-1001</xref>; or</subsection><subsection number="58-55-204(2)(b)(xv)">a nationally or regionally accredited college or university that has a physical campus in the state.</subsection></subsection><subsection number="58-55-204(2)(c)">Continuing education for a contractor licensee may include a course approved by an entity described in Subsections <xref depth="4" refnumber="58-55-204(2)(b)(i)">(2)(b)(i)</xref> through <xref depth="4" refnumber="58-55-204(2)(b)(iii)">(2)(b)(iii)</xref>.</subsection><subsection number="58-55-204(2)(d)"><subsection number="58-55-204(2)(d)(i)">Except as provided in Subsections <xref depth="4" refnumber="58-55-204(2)(d)(ii)">(2)(d)(ii)</xref> and <xref depth="4" refnumber="58-55-204(2)(d)(iii)">(2)(d)(iii)</xref>, an entity listed in Subsections <xref depth="4" refnumber="58-55-204(2)(b)(iv)">(2)(b)(iv)</xref> through <xref depth="4" refnumber="58-55-204(2)(b)(xii)">(2)(b)(xii)</xref> may offer and market continuing education courses only to a licensee who is a member of the entity.</subsection><subsection number="58-55-204(2)(d)(ii)">An entity described in Subsection <xref depth="4" refnumber="58-55-204(2)(b)(iv)">(2)(b)(iv)</xref>, (2)(b)(vi), or (2)(b)(x) may offer and market a continuing education course that the entity offers to a contractor in an electrical trade.</subsection><subsection number="58-55-204(2)(d)(iii)">An entity described in Subsection <xref depth="4" refnumber="58-55-204(2)(b)(v)">(2)(b)(v)</xref> or <xref depth="4" refnumber="58-55-204(2)(b)(viii)">(2)(b)(viii)</xref> may offer and market a continuing education course only to a licensee who is licensed in the same construction trade as the entity.</subsection></subsection><subsection number="58-55-204(2)(e)">For an HVAC contractor, at least three of the six required continuing education hours must directly relate to the installation, repair, or replacement of heating, ventilation, or air conditioning systems.</subsection></subsection><subsection number="58-55-204(3)"><subsection number="58-55-204(3)(a)">The division shall identify a specialty contractor under this section that primarily engages in landscape work.</subsection><subsection number="58-55-204(3)(b)">During each two-year renewal cycle, at least one of the six hours of continuing education described in Subsection (1) that a specialty contractor described in Subsection (3)(a) completes shall cover the following topics:<subsection number="58-55-204(3)(b)(i)">water conservation landscaping principles, including:<subsection number="58-55-204(3)(b)(i)(A)">understanding water scarcity in this state;</subsection><subsection number="58-55-204(3)(b)(i)(B)">selecting drought tolerant plants that are native to this state;</subsection><subsection number="58-55-204(3)(b)(i)(C)">efficient irrigation design; and</subsection><subsection number="58-55-204(3)(b)(i)(D)">soil amendment techniques for soil retention; or</subsection></subsection><subsection number="58-55-204(3)(b)(ii)">fire risk management landscaping principles, including:<subsection number="58-55-204(3)(b)(ii)(A)">designing a landscape to prevent the spread of fire; and</subsection><subsection number="58-55-204(3)(b)(ii)(B)">incorporating rocks, concrete, and other materials to prevent the spread of fire.</subsection></subsection></subsection></subsection><subsection number="58-55-204(4)">The division may contract with a person to establish and maintain a registry of continuing education that includes:<subsection number="58-55-204(4)(a)">a list of approved continuing education courses; and</subsection><subsection number="58-55-204(4)(b)">a list of courses that:<subsection number="58-55-204(4)(b)(i)">a licensed contractor completes; and</subsection><subsection number="58-55-204(4)(b)(ii)">the licensed contractor may access to monitor compliance with the continuing education requirement.</subsection></subsection></subsection><subsection number="58-55-204(5)">The division may charge a fee in accordance with Section <xref depth="3" refnumber="63J-1-504">63J-1-504</xref>, to administer this section.</subsection></section><section number="58-55-205"><effdate>1/1/2027</effdate><histories><history>Enacted by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Financial responsibility.</catchline><subsection number="58-55-205(1)">Before issuing, renewing, or reinstating a contractor license, the division shall require an applicant to demonstrate financial responsibility by:<subsection number="58-55-205(1)(a)"><subsection number="58-55-205(1)(a)(i)">completing a financial responsibility questionnaire the division prepares; and</subsection><subsection number="58-55-205(1)(a)(ii)">signing the questionnaire and certifying the accuracy of the information provided; or</subsection></subsection><subsection number="58-55-205(1)(b)">submitting a bond in the form and amount the commission determines by rule, made with the concurrence of the director and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.</subsection></subsection><subsection number="58-55-205(2)">An applicant, a licensee, or a person that holds an ownership interest in an unincorporated contractor licensee shall maintain financial responsibility throughout the period of licensure.</subsection><subsection number="58-55-205(3)">At the division's discretion, the division may audit the financial responsibility of an applicant, a licensee, or a person that holds an ownership interest in an unincorporated entity licensee.</subsection><subsection number="58-55-205(4)">The applicant, the licensee, and a person that holds an ownership interest in an unincorporated entity licensee bear the burden of demonstrating financial responsibility.</subsection><subsection number="58-55-205(5)"><subsection number="58-55-205(5)(a)">When reviewing the financial responsibility of an unincorporated entity, the division:<subsection number="58-55-205(5)(a)(i)">shall consider the personal financial information of each person that holds an ownership interest in the entity; and</subsection><subsection number="58-55-205(5)(a)(ii)">may at any time:<subsection number="58-55-205(5)(a)(ii)(A)">audit the personal financial information of a person that holds an ownership interest; or</subsection><subsection number="58-55-205(5)(a)(ii)(B)">request and obtain a credit report for a person that holds an ownership interest.</subsection></subsection></subsection><subsection number="58-55-205(5)(b)">If the division determines, based on the financial information of the applicant, the licensee, or a person that holds an ownership interest in an unincorporated entity that an applicant or licensee lacks the financial responsibility to engage successfully in business as a contractor, the division may:<subsection number="58-55-205(5)(b)(i)">prohibit the person from engaging in a construction trade;</subsection><subsection number="58-55-205(5)(b)(ii)">prohibit the applicant or licensee from engaging in a construction trade unless the applicant or licensed entity dissociates from the person the division determines lacks financial responsibility within 10 days after the division makes the determination of lack of financial responsibility; or</subsection><subsection number="58-55-205(5)(b)(iii)">require the applicant or licensee to post a bond that is:<subsection number="58-55-205(5)(b)(iii)(A)">in the amount and form the commission determines by rule, made with the concurrence of the director and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or</subsection><subsection number="58-55-205(5)(b)(iii)(B)">equal to 20% of the applicant or licensee's annual gross distributions to the licensee's owners, including coverage for unpaid obligations including taxes.</subsection></subsection></subsection></subsection></section><section number="58-55-206"><effdate>1/1/2027</effdate><histories><history>Renumbered and Amended by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Requirements when working for political subdivision or state agency.</catchline><tab/>A political subdivision or state agency that requires a permit as a precondition to construction, alteration, improvement, demolition, or other repair work and requires a contractor license shall:<subsection number="58-55-206(1)">require each contractor applying for a permit to include in the application a signed statement verifying that the contractor holds a current contractor license and providing the license number;</subsection><subsection number="58-55-206(2)">require any contractor applying for a permit that is claiming an exemption from the contractor licensing requirement a signed statement that includes the exemption and provides the license number of any contractor that the person intends to hire to perform work under the permit;</subsection><subsection number="58-55-206(3)">issue a permit when no contractor has been selected at the time of application on the condition that the applicant will:<subsection number="58-55-206(3)(a)">select a currently licensed contractor;</subsection><subsection number="58-55-206(3)(b)">provide the license number to the issuing entity; and</subsection><subsection number="58-55-206(3)(c)">display the license number on the permit;</subsection></subsection><subsection number="58-55-206(4)">require the contractor, upon issuance of the permit, to affix the contractor's license number to the permit for public display; and</subsection><subsection number="58-55-206(5)">require the contractor to provide proof of:<subsection number="58-55-206(5)(a)">workers' compensation insurance;</subsection><subsection number="58-55-206(5)(b)">contributions to the unemployment insurance fund;</subsection><subsection number="58-55-206(5)(c)">health insurance coverage as required under federal or state law; and</subsection><subsection number="58-55-206(5)(d)">proper withholding of all applicable taxes from worker pay.</subsection></subsection></section><section number="58-55-207"><effdate>1/1/2027</effdate><histories><history>Enacted by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Payment -- Account designated.</catchline><subsection number="58-55-207(1)">A contractor that pays a material supplier, a contractor, or a subcontractor with which the contractor maintains a running account, holds multiple contracts, or owes an outstanding debt shall:<subsection number="58-55-207(1)(a)">clearly designate the contract for which the payment is made; and</subsection><subsection number="58-55-207(1)(b)">identify the specific items of account to which the payment applies.</subsection></subsection><subsection number="58-55-207(2)">A subcontractor or material supplier that receives a payment for materials or labor shall require the person paying to:<subsection number="58-55-207(2)(a)">clearly designate the contract for which the payment is made; and</subsection><subsection number="58-55-207(2)(b)">identify the specific items of account to which the payment applies.</subsection></subsection><subsection number="58-55-207(3)">In an action to enforce a lien for materials provided or labor performed by a subcontractor or material supplier, the owner may assert a defense to the lien if:<subsection number="58-55-207(3)(a)">the owner paid the contractor for the materials and the contractor designated the payment in accordance with Subsection <xref depth="4" refnumber="58-55-207(1)">(1)</xref>;</subsection><subsection number="58-55-207(3)(b)">the contractor transferred the payment to the subcontractor or material supplier; and</subsection><subsection number="58-55-207(3)(c)">the subcontractor or material supplier failed to require a designation of the account and the specific items of account when receiving the payment.</subsection></subsection></section><section number="58-55-208"><effdate>1/1/2027</effdate><histories><history>Enacted by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Payment of construction funds.</catchline><subsection number="58-55-208(1)">All unpaid construction funds are payable to the contractor as provided in Section <xref depth="3" refnumber="13-8-5">13-8-5</xref>.</subsection><subsection number="58-55-208(2)">On projects involving multiple buildings, each building should be considered individually in determining the amount to be paid to the contractor.</subsection><subsection number="58-55-208(3)">When a building is partially occupied, the owner shall pay the contractor in direct proportion to the value of the part of the building occupied.</subsection><subsection number="58-55-208(4)">If any payment is retained or withheld, the retention or withholding shall be released as provided in Section <xref depth="3" refnumber="13-8-5">13-8-5</xref>.</subsection></section><section number="58-55-209"><effdate>1/1/2027</effdate><histories><history>Enacted by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Payment to subcontractors and suppliers.</catchline><subsection number="58-55-209(1)">A contractor that receives construction funds for work performed and billed shall pay each subcontractor and supplier in proportion to the work the subcontractor or supplier performed on the work billed, unless otherwise agreed by contract.</subsection><subsection number="58-55-209(2)"><subsection number="58-55-209(2)(a)">A contractor shall pay a subcontractor or supplier on or before the later of:<subsection number="58-55-209(2)(a)(i)">30 calendar days after the day on which the contractor receives construction funds; or</subsection><subsection number="58-55-209(2)(a)(ii)">the day after the day on which payment is due.</subsection></subsection><subsection number="58-55-209(2)(b)">Unless otherwise agreed by contract or for reasonable cause, a contractor that receives funds and does not comply with Subsection <xref depth="4" refnumber="58-55-209(2)(a)">(2)(a)</xref> shall pay to the subcontractor or supplier:<subsection number="58-55-209(2)(b)(i)">interest in the amount of 1% per month of the amount due, beginning on the day after the day on which payment is due; and</subsection><subsection number="58-55-209(2)(b)(ii)">reasonable costs of collection and attorney fees.</subsection></subsection><subsection number="58-55-209(2)(c)">The amounts described in Subsection <xref depth="4" refnumber="58-55-209(2)(b)">(2)(b)</xref> are in addition to the payment due to the subcontractor or supplier for work performed and billed.</subsection></subsection><subsection number="58-55-209(3)">When a subcontractor receives a construction payment under this section, Subsections <xref depth="4" refnumber="58-55-209(1)">(1)</xref> and <xref depth="4" refnumber="58-55-209(2)">(2)</xref> apply to the subcontractor.</subsection></section><section number="58-55-210"><effdate>1/1/2027</effdate><histories><history>Enacted by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Proof of licensure to begin or maintain litigation.</catchline>A contractor may not bring or maintain a court action to collect compensation for work requiring a license under this chapter unless the contractor alleges and proves that the contractor held the required license:<subsection number="58-55-210(1)">when entering into the contract; and</subsection><subsection number="58-55-210(2)">when the cause of action arose.</subsection></section><section number="58-55-211"><effdate>1/1/2027</effdate><histories><history>Enacted by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Pay statement required.</catchline><subsection number="58-55-211(1)">On the day on which a contractor licensed under this part pays an individual for work that the individual performed, the contractor shall give the individual a written or electronic pay statement that states:<subsection number="58-55-211(1)(a)">the individual's name;</subsection><subsection number="58-55-211(1)(b)">the individual's base rate of pay;</subsection><subsection number="58-55-211(1)(c)">the dates of the pay period for which the individual is being paid;</subsection><subsection number="58-55-211(1)(d)">if paid hourly, the number of hours the individual worked during the pay period;</subsection><subsection number="58-55-211(1)(e)">the amount of and reason for money withheld in accordance with state and federal law, including:<subsection number="58-55-211(1)(e)(i)">state and federal income tax;</subsection><subsection number="58-55-211(1)(e)(ii)">Social Security tax;</subsection><subsection number="58-55-211(1)(e)(iii)">Medicare tax; and</subsection><subsection number="58-55-211(1)(e)(iv)">court-ordered withholdings; and</subsection></subsection><subsection number="58-55-211(1)(f)">the total amount paid to the individual for that pay period.</subsection></subsection><subsection number="58-55-211(2)">A person licensed under this chapter shall:<subsection number="58-55-211(2)(a)">comply with the requirements described in Subsection <xref depth="4" refnumber="58-55-211(1)">(1)</xref> regardless of whether the person pays the individual by check, cash, or other means;</subsection><subsection number="58-55-211(2)(b)">retain a copy of each pay statement described in Subsection <xref depth="4" refnumber="58-55-211(1)">(1)</xref> for at least three years after the day on which the person gives a copy of the pay statement to the individual; and</subsection><subsection number="58-55-211(2)(c)">upon request, make the pay statement records described in this section available to the division for inspection.</subsection></subsection></section><section number="58-55-212"><effdate>1/1/2027</effdate><histories><history>Renumbered and Amended by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Construction Business Registry.</catchline><subsection number="58-55-212(1)">The division shall establish and maintain the Construction Business Registry as described in this section.</subsection><subsection number="58-55-212(2)">The Construction Business Registry shall consist of a database of contact information for licensed contractors.</subsection><subsection number="58-55-212(3)">The division shall ensure that the Construction Business Registry is:<subsection number="58-55-212(3)(a)">accessible to the public through an internet website; and</subsection><subsection number="58-55-212(3)(b)">indexed by:<subsection number="58-55-212(3)(b)(i)">the name of the licensed contractor qualifier;</subsection><subsection number="58-55-212(3)(b)(ii)">the name of the licensed contractor's licensed business;</subsection><subsection number="58-55-212(3)(b)(iii)">the license the contractor holds; and</subsection><subsection number="58-55-212(3)(b)(iv)">any other identifier that the division considers reasonably appropriate.</subsection></subsection></subsection><subsection number="58-55-212(4)">The division may link the Construction Business Registry with the State Construction Registry under <xref depth="2" refnumber="38-1a-2" start="0">Title 38, Chapter 1a, Part 2, State Construction Registry</xref>.</subsection><subsection number="58-55-212(5)"><subsection number="58-55-212(5)(a)">The division shall establish a process for a licensed contractor to:<subsection number="58-55-212(5)(a)(i)">provide the contact information that the licensed contractor wants included in the Construction Business Registry before entry into the Construction Business Registry;</subsection><subsection number="58-55-212(5)(a)(ii)">opt out of participation in the Construction Business Registry; or</subsection><subsection number="58-55-212(5)(a)(iii)">amend the licensed contractor's contact information in the Construction Business Registry.</subsection></subsection><subsection number="58-55-212(5)(b)">If a licensed contractor does not specify the licensed contractor's contact information for the Construction Business Registry, the division shall include in the Construction Business Registry only public contact information for the licensed contractor.</subsection></subsection><subsection number="58-55-212(6)">The division may establish a fee in accordance with Section <xref depth="3" refnumber="63J-1-504">63J-1-504</xref> for the entry of a licensed contractor's contact information into the Construction Business Registry to offset the cost of creating, administering, and maintaining the Construction Business Registry.</subsection><subsection number="58-55-212(7)"> The division may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish and maintain the Construction Business Registry.</subsection></section><section number="58-55-213"><effdate>1/1/2027</effdate><histories><history>Renumbered and Amended by Chapter <modchap sess="2026GS">198</modchap>, 2026 General Session, (Coordination Clause)</history><modyear>2026</modyear></histories><catchline>Public Project Subcontractors.</catchline><subsection number="58-55-213(1)"> Before engaging in a construction trade on a public project, a subcontractor shall:<subsection number="58-55-213(1)(a)">provide a list of current employees to the general contractor and the property owner for which the subcontractor engages in a construction trade;</subsection><subsection number="58-55-213(1)(b)">provide the general contractor and the property owner the second-tier subcontractor's name and the second-tier subcontractor's license number if the subcontractor intends to accept a contract with a second-tier subcontractor related to construction trade on a public project;</subsection><subsection number="58-55-213(1)(c)">if the subcontractor holds a zero estimated exposure policy, provide to a person that contracts with the subcontractor for construction trade on a public project:<subsection number="58-55-213(1)(c)(i)">written notice that the subcontractor has a zero estimated exposure policy; and</subsection><subsection number="58-55-213(1)(c)(ii)">a copy of the zero estimated exposure policy;</subsection></subsection><subsection number="58-55-213(1)(d)">ensure that each of the subcontractor's employees on the construction site possess photo identification and shall ensure that the identification will be presented to the division upon request; and</subsection><subsection number="58-55-213(1)(e)">provide to the general contractor and the property owner the estimated number of labor hours for their portion of the project.</subsection></subsection><subsection number="58-55-213(2)">At the division's request, a subcontractor shall provide the following for each current employee of the subcontractor:<subsection number="58-55-213(2)(a)">the name of the employee; and</subsection><subsection number="58-55-213(2)(b)">if the employee possesses a professional license, the professional license number of the employee.</subsection></subsection><subsection number="58-55-213(3)"><subsection number="58-55-213(3)(a)">The general contractor and the property owner shall retain the information the subcontractor provides for three years from the day after the day on which the general contractor and the property owner receive the information from the subcontractor.</subsection><subsection number="58-55-213(3)(b)">The general contractor and the property owner shall provide the information the general contractor and the property owner receive from a subcontractor to the division at the division's request.</subsection></subsection><subsection number="58-55-213(4)">The division may:<subsection number="58-55-213(4)(a)">make audit recommendations to the State Tax Commission; and</subsection><subsection number="58-55-213(4)(b)">provide information obtained in accordance with this section to the State Tax Commission.</subsection></subsection></section></part><part number="58-55-3"><enddate type="SC">1/1/2027</enddate><catchline>Licensing</catchline></part><part number="58-55-3"><effdate>1/1/2027</effdate><catchline>Electricians</catchline><section number="58-55-301"><enddate type="SC">1/1/2027</enddate><histories><history>Amended by Chapter <modchap sess="2025GS">268</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>License required -- License classifications -- Scope.</catchline><subsection number="58-55-301(1)"><subsection number="58-55-301(1)(a)">A person engaged in the construction trades licensed under this chapter, as a contractor regulated under this chapter, as an alarm business or company, or as an alarm company agent, shall become licensed under this chapter before engaging in that trade or contracting activity in this state unless specifically exempted from licensure under Section <xref depth="3" refnumber="58-1-307" start="0">58-1-307</xref> or <xref depth="3" refnumber="58-55-305" start="0">58-55-305</xref>.</subsection><subsection number="58-55-301(1)(b)">The license issued under this chapter and the business license issued by the local jurisdiction in which the licensee has its principal place of business shall be the only licenses required for the licensee to engage in a trade licensed by this chapter, within the state.</subsection><subsection number="58-55-301(1)(c)">Neither the state nor any of its political subdivisions may require of a licensee any additional business licenses, registrations, certifications, contributions, donations, or anything else established for the purpose of qualifying a licensee under this chapter to do business in that local jurisdiction, except for contract prequalification procedures required by state agencies, or the payment of any fee for the license, registration, or certification established as a condition to do business in that local jurisdiction.</subsection></subsection><subsection number="58-55-301(2)">The division shall issue licenses under this chapter to qualified persons in the following classifications:<subsection number="58-55-301(2)(a)">alarm company;</subsection><subsection number="58-55-301(2)(b)">alarm company agent;</subsection><subsection number="58-55-301(2)(c)">apprentice electrician;</subsection><subsection number="58-55-301(2)(d)">apprentice plumber;</subsection><subsection number="58-55-301(2)(e)">construction trades instructor:<subsection number="58-55-301(2)(e)(i)">general building classification;</subsection><subsection number="58-55-301(2)(e)(ii)">general engineering classification;</subsection><subsection number="58-55-301(2)(e)(iii)">electrical classification;</subsection><subsection number="58-55-301(2)(e)(iv)">mechanical classification; and</subsection><subsection number="58-55-301(2)(e)(v)">plumbing classification;</subsection></subsection><subsection number="58-55-301(2)(f)">elevator contractor;</subsection><subsection number="58-55-301(2)(g)">elevator mechanic;</subsection><subsection number="58-55-301(2)(h)">general building contractor;</subsection><subsection number="58-55-301(2)(i)">general electrical contractor;</subsection><subsection number="58-55-301(2)(j)">general engineering contractor; </subsection><subsection number="58-55-301(2)(k)">general plumbing contractor;</subsection><subsection number="58-55-301(2)(l)">HVAC contractor;</subsection><subsection number="58-55-301(2)(m)">journeyman electrician;</subsection><subsection number="58-55-301(2)(n)">journeyman plumber;</subsection><subsection number="58-55-301(2)(o)">master electrician;</subsection><subsection number="58-55-301(2)(p)">master plumber;</subsection><subsection number="58-55-301(2)(q)">residential and small commercial contractor;</subsection><subsection number="58-55-301(2)(r)">residential electrical contractor;</subsection><subsection number="58-55-301(2)(s)">residential journeyman electrician;</subsection><subsection number="58-55-301(2)(t)">residential journeyman plumber;</subsection><subsection number="58-55-301(2)(u)">residential master electrician;</subsection><subsection number="58-55-301(2)(v)">residential master plumber;</subsection><subsection number="58-55-301(2)(w)">residential plumbing contractor; and </subsection><subsection number="58-55-301(2)(x)">specialty contractor.</subsection></subsection><subsection number="58-55-301(3)"><subsection number="58-55-301(3)(a)">An applicant may apply for a license in one or more classification or specialty contractor subclassification.</subsection><subsection number="58-55-301(3)(b)">A license shall be granted in each classification or subclassification for which the applicant qualifies.</subsection><subsection number="58-55-301(3)(c)">A separate application and fee must be submitted for each license classification or subclassification.</subsection></subsection><subsection number="58-55-301(4)">With the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission may further define the scope of work by rule for:<subsection number="58-55-301(4)(a)">a general electrical contractor;</subsection><subsection number="58-55-301(4)(b)">a general plumbing contractor;</subsection><subsection number="58-55-301(4)(c)">an HVAC contractor;</subsection><subsection number="58-55-301(4)(d)">a residential electrical contractor; and</subsection><subsection number="58-55-301(4)(e)">a residential plumbing contractor.</subsection></subsection></section><section number="58-55-301"><effdate>1/1/2027</effdate><histories><history>Repealed and Re-enacted by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Definitions.</catchline>As used in this part:<subsection number="58-55-301(1)">"Apprentice electrician" means an individual who is learning the electrician trade under the immediate supervision of a master electrician, residential master electrician, journeyman electrician, or a residential journeyman electrician in accordance with this chapter.</subsection><subsection number="58-55-301(2)"><subsection number="58-55-301(2)(a)">"Electrical trade" means the performance of electrical work involving the installation, construction, alteration, change, repair, removal, or maintenance of facilities, buildings, or appendages or appurtenances.</subsection><subsection number="58-55-301(2)(b)">"Electrical trade" does not include:<subsection number="58-55-301(2)(b)(i)">transporting or handling electrical materials;</subsection><subsection number="58-55-301(2)(b)(ii)">preparing clearance for raceways for wiring;</subsection><subsection number="58-55-301(2)(b)(iii)">work commonly done by unskilled labor on an installation under the exclusive control of electrical utilities;</subsection><subsection number="58-55-301(2)(b)(iv)">work involving cable-type wiring that does not pose a shock or fire-initiation hazard;</subsection><subsection number="58-55-301(2)(b)(v)">work involving class two or class three power-limited circuits as defined in the National Electrical Code; or</subsection><subsection number="58-55-301(2)(b)(vi)">minor electrical work incidental to a mechanical or service installation when wiring is extended to no more than 10 feet from an existing outlet or disconnect and does not exceed 120 volts and 20 amperes.</subsection></subsection></subsection><subsection number="58-55-301(3)">"Journeyman electrician" means an individual who performs the wiring, installation, and repair of electrical apparatus and equipment for light, heat, power, and other purposes.</subsection><subsection number="58-55-301(4)">"Journeyman lineman" means an individual who builds and maintains an electrical power system, performs work on transmission lines or distribution lines from power plants to customers and has completed a 7,000 hour certified apprenticeship program.</subsection><subsection number="58-55-301(5)">"Licensed electrician" means an individual who is licensed as an apprentice electrician, a journeyman electrician, a master electrician, a residential journeyman electrician, or a residential master electrician.</subsection><subsection number="58-55-301(6)">"Master electrician" means an individual who plans and supervises the wiring, installation, and repair of electrical apparatus and equipment.</subsection><subsection number="58-55-301(7)">"Residential journeyman electrician" means an individual who wires, installs, and repairs electrical apparatus and equipment for light, heat, power, and other purposes for a residential project.</subsection><subsection number="58-55-301(8)">"Residential master electrician" means an individual who plans and supervises the wiring, installation, and repair of electrical apparatus and equipment for light, heat, power, and other purposes for a residential project.</subsection><subsection number="58-55-301(9)">"Residential project" means a residential building primarily wired with nonmetallic sheathed cable that follows the National Electrical Code.</subsection></section><section number="58-55-302"><enddate type="SC">1/1/2027</enddate><histories><history>Amended by Chapter <modchap sess="2025GS">268</modchap>, 2025 General Session</history><modyear>2025</modyear><history>Amended by Chapter <modchap sess="2025GS">443</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Qualifications for licensure.</catchline><subsection number="58-55-302(1)">Each applicant for a license under this chapter shall:<subsection number="58-55-302(1)(a)">submit an application the division approves;</subsection><subsection number="58-55-302(1)(b)">pay a fee as determined by the department under Section <xref depth="3" refnumber="63J-1-504">63J-1-504</xref>;</subsection><subsection number="58-55-302(1)(c)">meet the examination requirements established by this section and by rule by the commission with the concurrence of the director, which requirements include:<subsection number="58-55-302(1)(c)(i)">for licensure as an apprentice electrician, apprentice plumber, or specialty contractor, no division-administered examination is required;</subsection><subsection number="58-55-302(1)(c)(ii)">for licensure as a general building contractor, general engineering contractor, residential and small commercial contractor, general plumbing contractor, residential plumbing contractor, general electrical contractor, or residential electrical contractor, the only required division-administered examination is a division-administered examination that covers information from the 25-hour course described in Subsection <xref depth="4" refnumber="58-55-302(1)(e)(iii)">(1)(e)(iii)</xref>, which course may have been previously completed as part of applying for any other license under this chapter, and, if the 25-hour course was completed on or after July 1, 2019, the five-hour business law course described in Subsection <xref depth="4" refnumber="58-55-302(1)(e)(iv)">(1)(e)(iv)</xref>; and</subsection><subsection number="58-55-302(1)(c)(iii)">if required by Section <xref depth="3" refnumber="58-55-304">58-55-304</xref> and the applicant is a business entity, that an individual qualifier pass the required division-administered examination;</subsection></subsection><subsection number="58-55-302(1)(d)">for licensure as an apprentice, identify the proposed supervisor of the apprenticeship;</subsection><subsection number="58-55-302(1)(e)">for licensure as a contractor:<subsection number="58-55-302(1)(e)(i)">produce satisfactory evidence of financial responsibility, except for a construction trades instructor for whom evidence of financial responsibility is not required;</subsection><subsection number="58-55-302(1)(e)(ii)">produce satisfactory evidence of:<subsection number="58-55-302(1)(e)(ii)(A)">except as provided in Subsection <xref depth="4" refnumber="58-55-302(2)(a)">(2)(a)</xref>, and except that no employment experience is required for licensure as a specialty contractor, two years full-time paid employment experience in the construction industry, which employment experience, unless more specifically described in this section, may be related to any contracting classification and does not have to include supervisory experience; and</subsection><subsection number="58-55-302(1)(e)(ii)(B)">knowledge of the principles of the conduct of business as a contractor, reasonably necessary for the protection of the public health, safety, and welfare;</subsection></subsection><subsection number="58-55-302(1)(e)(iii)">except as otherwise provided by rule by the commission with the concurrence of the director, complete a 25-hour course that the commission with the concurrence of the director establishes by rule, that is taught by an approved prelicensure course provider, and which may include:<subsection number="58-55-302(1)(e)(iii)(A)">construction business practices;</subsection><subsection number="58-55-302(1)(e)(iii)(B)">bookkeeping fundamentals;</subsection><subsection number="58-55-302(1)(e)(iii)(C)">mechanics lien fundamentals;</subsection><subsection number="58-55-302(1)(e)(iii)(D)">other aspects of business and construction principles considered important by the commission with the concurrence of the director; and</subsection><subsection number="58-55-302(1)(e)(iii)(E)">for no additional fee, a provider-administered examination at the end of the 25-hour course;</subsection></subsection><subsection number="58-55-302(1)(e)(iv)">if the applicant is applying for licensure as a general building contractor, general engineering contractor, residential and small commercial contractor, general plumbing contractor, residential plumbing contractor, general electrical contractor, residential electrical contractor, or HVAC contractor, other than an applicant who completed the 25-hour course described in Subsection <xref depth="4" refnumber="58-55-302(1)(e)(iii)">(1)(e)(iii)</xref> before July 1, 2019, complete a five-hour business and law course:<subsection number="58-55-302(1)(e)(iv)(A)">that the commission, with the concurrence of the director, establishes by rule; and</subsection><subsection number="58-55-302(1)(e)(iv)(B)">that is taught by an approved prelicensure course provider;</subsection></subsection><subsection number="58-55-302(1)(e)(v)"><subsection number="58-55-302(1)(e)(v)(A)">for licensure as a residential electrical contractor, be a licensed master electrician or a licensed master residential electrician;</subsection><subsection number="58-55-302(1)(e)(v)(B)">for licensure as an electrical contractor, be a licensed master electrician;</subsection><subsection number="58-55-302(1)(e)(v)(C)">for licensure as a residential plumbing contractor, be a licensed master plumber or a licensed master residential plumber;</subsection><subsection number="58-55-302(1)(e)(v)(D)">for licensure as a plumbing contractor, be a licensed master plumber; or</subsection><subsection number="58-55-302(1)(e)(v)(E)">for licensure as an elevator contractor, be a licensed elevator mechanic and produce satisfactory evidence of three years experience as an elevator mechanic;</subsection></subsection><subsection number="58-55-302(1)(e)(vi)">when the applicant is an unincorporated entity, provide a list of the one or more individuals who hold an ownership interest in the applicant as of the day on which the application is filed that includes for each individual:<subsection number="58-55-302(1)(e)(vi)(A)">the individual's name, address, birth date, and social security number or other satisfactory evidence of the applicant's identity permitted under rules made by the division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and</subsection><subsection number="58-55-302(1)(e)(vi)(B)">whether the individual will engage in a construction trade; and</subsection></subsection><subsection number="58-55-302(1)(e)(vii)">the applicant or, if the applicant is a business entity as described in Section <xref depth="3" refnumber="58-55-304">58-55-304</xref>, an individual qualifier and each individual with at least a 10% voting interest in the business entity shall:<subsection number="58-55-302(1)(e)(vii)(A)">consent to, and complete, a criminal background check, described in Section <xref depth="3" refnumber="58-1-301.5">58-1-301.5</xref>;</subsection><subsection number="58-55-302(1)(e)(vii)(B)">meet any other standard related to the criminal background check described in Subsection <xref depth="4" refnumber="58-55-302(1)(e)(vii)(a)">(1)(e)(vii)(A)</xref>, that the division establishes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and</subsection><subsection number="58-55-302(1)(e)(vii)(C)">disclose any criminal history the division requests on a form the division approves; and</subsection></subsection></subsection><subsection number="58-55-302(1)(f)">for licensure as a construction trades instructor, satisfy any additional requirements the division establishes by rule.</subsection></subsection><subsection number="58-55-302(2)"><subsection number="58-55-302(2)(a)">If the applicant for a contractor's license described in Subsection <xref depth="4" refnumber="58-55-302(1)">(1)</xref> is a building inspector, the applicant may satisfy Subsection <xref depth="4" refnumber="58-55-302(1)(e)(ii)(a)">(1)(e)(ii)(A)</xref> by producing satisfactory evidence of two years of full-time paid employment experience as a building inspector, which shall include at least one year of full-time experience as a licensed combination inspector.</subsection><subsection number="58-55-302(2)(b)">The applicant shall file the following with the division before the division issues the license:<subsection number="58-55-302(2)(b)(i)">proof of workers' compensation insurance that covers employees of the applicant in accordance with applicable Utah law;</subsection><subsection number="58-55-302(2)(b)(ii)">proof of public liability insurance in coverage amounts and form established by rule except for a construction trades instructor for whom public liability insurance is not required; and</subsection><subsection number="58-55-302(2)(b)(iii)">proof of registration as required by applicable law with the:<subsection number="58-55-302(2)(b)(iii)(A)">Department of Commerce;</subsection><subsection number="58-55-302(2)(b)(iii)(B)">Division of Corporations and Commercial Code;</subsection><subsection number="58-55-302(2)(b)(iii)(C)">Unemployment Insurance Division in the Department of Workforce Services, for purposes of Title 35A, Chapter 4, Employment Security Act;</subsection><subsection number="58-55-302(2)(b)(iii)(D)">State Tax Commission; and</subsection><subsection number="58-55-302(2)(b)(iii)(E)">Internal Revenue Service.</subsection></subsection></subsection></subsection><subsection number="58-55-302(3)">In addition to the general requirements for each applicant in Subsection <xref depth="4" refnumber="58-55-302(1)">(1)</xref>, an applicant shall comply with the following requirements to be licensed in the following classifications:<subsection number="58-55-302(3)(a)"><subsection number="58-55-302(3)(a)(i)">a master plumber shall produce satisfactory evidence that the applicant:<subsection number="58-55-302(3)(a)(i)(A)">has been a licensed journeyman plumber for at least two years and had two years of supervisory experience as a licensed journeyman plumber in accordance with division rule;</subsection><subsection number="58-55-302(3)(a)(i)(B)">has received at least an associate of applied science degree or similar degree following the completion of a course of study approved by the division and had one year of supervisory experience as a licensed journeyman plumber in accordance with division rule; or</subsection><subsection number="58-55-302(3)(a)(i)(C)">meets the qualifications for expedited licensure as established by rules made by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge and skills to be a licensed master plumber;</subsection></subsection><subsection number="58-55-302(3)(a)(ii)">an individual holding a valid Utah license as a journeyman plumber, based on at least four years of practical experience as a licensed apprentice under the supervision of a licensed journeyman plumber and four years as a licensed journeyman plumber, in effect immediately before May 5, 2008, is on and after May 5, 2008, considered to hold a current master plumber license under this chapter, and satisfies the requirements of this Subsection <xref depth="4" refnumber="58-55-302(3)(a)">(3)(a)</xref> for the purpose of renewal or reinstatement of that license under Section <xref depth="3" refnumber="58-55-303">58-55-303</xref>; and</subsection><subsection number="58-55-302(3)(a)(iii)">an individual holding a valid plumbing contractor's license or residential plumbing contractor's license, in effect immediately before May 5, 2008, is on or after May 5, 2008:<subsection number="58-55-302(3)(a)(iii)(A)">considered to hold a current master plumber license under this chapter if licensed as a plumbing contractor and a journeyman plumber, and satisfies the requirements of this Subsection <xref depth="4" refnumber="58-55-302(3)(a)">(3)(a)</xref> for purposes of renewal or reinstatement of that license under Section <xref depth="3" refnumber="58-55-303">58-55-303</xref>; and</subsection><subsection number="58-55-302(3)(a)(iii)(B)">considered to hold a current residential master plumber license under this chapter if licensed as a residential plumbing contractor and a residential journeyman plumber, and satisfies the requirements of this Subsection <xref depth="4" refnumber="58-55-302(3)(a)">(3)(a)</xref> for purposes of renewal or reinstatement of that license under Section <xref depth="3" refnumber="58-55-303">58-55-303</xref>;</subsection></subsection></subsection><subsection number="58-55-302(3)(b)">a master residential plumber applicant shall produce satisfactory evidence that the applicant:<subsection number="58-55-302(3)(b)(i)">has been a licensed residential journeyman plumber for at least two years and had two years of supervisory experience as a licensed residential journeyman plumber in accordance with division rule; or</subsection><subsection number="58-55-302(3)(b)(ii)">meets the qualifications for expedited licensure as established by rules made by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge and skills to be a licensed master residential plumber;</subsection></subsection><subsection number="58-55-302(3)(c)">a journeyman plumber applicant shall produce satisfactory evidence of:<subsection number="58-55-302(3)(c)(i)">successful completion of the equivalent of at least four years of full-time training and instruction as a licensed apprentice plumber under supervision of a licensed master plumber or journeyman plumber and in accordance with a planned program of training approved by the division;</subsection><subsection number="58-55-302(3)(c)(ii)">at least eight years of full-time experience approved by the division in collaboration with the Electricians and Plumbers Licensing Board; or</subsection><subsection number="58-55-302(3)(c)(iii)">meeting the qualifications for expedited licensure as established by rules made by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge and skills to be a licensed journeyman plumber;</subsection></subsection><subsection number="58-55-302(3)(d)">a residential journeyman plumber shall produce satisfactory evidence of:<subsection number="58-55-302(3)(d)(i)">completion of the equivalent of at least three years of full-time training and instruction as a licensed apprentice plumber under the supervision of a licensed residential master plumber, licensed residential journeyman plumber, or licensed journeyman plumber in accordance with a planned program of training approved by the division;</subsection><subsection number="58-55-302(3)(d)(ii)">completion of at least six years of full-time experience in a maintenance or repair trade involving substantial plumbing work; or</subsection><subsection number="58-55-302(3)(d)(iii)">meeting the qualifications for expedited licensure as established by rules made by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge and skills to be a licensed residential journeyman plumber;</subsection></subsection><subsection number="58-55-302(3)(e)">the conduct of a licensed apprentice plumber and the licensed apprentice plumber's licensed supervisor shall be in accordance with the following:<subsection number="58-55-302(3)(e)(i)">while engaging in the trade of plumbing, a licensed apprentice plumber shall be under the immediate supervision of a licensed master plumber, licensed residential master plumber, licensed journeyman plumber, or licensed residential journeyman plumber;</subsection><subsection number="58-55-302(3)(e)(ii)">beginning in a licensed apprentice plumber's fourth year of training, a licensed apprentice plumber may work without supervision for a period not to exceed eight hours in any 24-hour period; and</subsection><subsection number="58-55-302(3)(e)(iii)">rules made by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the ratio of apprentices allowed under the immediate supervision of a licensed supervisor, including the ratio of apprentices in their fourth year of training or later that are allowed to be under the immediate supervision of a licensed supervisor;</subsection></subsection><subsection number="58-55-302(3)(f)">a master electrician applicant shall produce satisfactory evidence that the applicant:<subsection number="58-55-302(3)(f)(i)">is a graduate electrical engineer of an accredited college or university approved by the division and has one year of practical electrical experience as a licensed apprentice electrician;</subsection><subsection number="58-55-302(3)(f)(ii)">is a graduate of an electrical trade school, having received an associate of applied sciences degree following successful completion of a course of study approved by the division, and has two years of practical experience as a licensed journeyman electrician;</subsection><subsection number="58-55-302(3)(f)(iii)">has four years of practical experience as a journeyman electrician; or</subsection><subsection number="58-55-302(3)(f)(iv)">meets the qualifications for expedited licensure as established by rules made by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge and skills to be a licensed master electrician;</subsection></subsection><subsection number="58-55-302(3)(g)">a master residential electrician applicant shall produce satisfactory evidence that the applicant:<subsection number="58-55-302(3)(g)(i)">has at least two years of practical experience as a residential journeyman electrician; or</subsection><subsection number="58-55-302(3)(g)(ii)">meets the qualifications for expedited licensure as established by rules made by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge and skills to be a master residential electrician;</subsection></subsection><subsection number="58-55-302(3)(h)">a journeyman electrician applicant shall produce satisfactory evidence that the applicant:<subsection number="58-55-302(3)(h)(i)">has successfully completed at least four years of full-time training and instruction as a licensed apprentice electrician under the supervision of a master electrician or journeyman electrician and in accordance with a planned training program approved by the division;</subsection><subsection number="58-55-302(3)(h)(ii)">has at least eight years of full-time experience approved by the division in collaboration with the Electricians and Plumbers Licensing Board; or</subsection><subsection number="58-55-302(3)(h)(iii)">meets the qualifications for expedited licensure as established by rules made by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge and skills to be a licensed journeyman electrician;</subsection></subsection><subsection number="58-55-302(3)(i)">a residential journeyman electrician applicant shall produce satisfactory evidence that the applicant:<subsection number="58-55-302(3)(i)(i)">has successfully completed two years of training in an electrical training program approved by the division;</subsection><subsection number="58-55-302(3)(i)(ii)">has four years of practical experience in wiring, installing, and repairing electrical apparatus and equipment for light, heat, and power under the supervision of a licensed master, journeyman, residential master, or residential journeyman electrician; or</subsection><subsection number="58-55-302(3)(i)(iii)">meets the qualifications for expedited licensure as established by rules made by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge and skills to be a licensed residential journeyman electrician;</subsection></subsection><subsection number="58-55-302(3)(j)">the conduct of a licensed apprentice electrician and the licensed apprentice electrician's licensed supervisor shall be in accordance with the following:<subsection number="58-55-302(3)(j)(i)">a licensed apprentice electrician shall be under the immediate supervision of a licensed master, journeyman, residential master, or residential journeyman electrician;</subsection><subsection number="58-55-302(3)(j)(ii)">beginning in a licensed apprentice electrician's fourth year of training, a licensed apprentice electrician may work without supervision for a period not to exceed eight hours in any 24-hour period;</subsection><subsection number="58-55-302(3)(j)(iii)">rules made by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the ratio of apprentices allowed under the immediate supervision of a licensed supervisor, including the ratio of apprentices in their fourth year of training or later that are allowed to be under the immediate supervision of a licensed supervisor; and</subsection><subsection number="58-55-302(3)(j)(iv)">a licensed supervisor may have up to three licensed apprentice electricians on a residential project, or more if established by rules made by the commission, in concurrence with the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;</subsection></subsection><subsection number="58-55-302(3)(k)">an alarm company applicant shall:<subsection number="58-55-302(3)(k)(i)">have a qualifying agent who:<subsection number="58-55-302(3)(k)(i)(A)">is an alarm company officer, alarm company owner, alarm company proprietor, an alarm company trustee, or other responsible management personnel;</subsection><subsection number="58-55-302(3)(k)(i)(B)">demonstrates 6,000 hours of experience in the alarm company business;</subsection><subsection number="58-55-302(3)(k)(i)(C)">demonstrates 2,000 hours of experience as a manager or administrator in the alarm company business or in a construction business; and</subsection><subsection number="58-55-302(3)(k)(i)(D)">passes an examination by the commission, with the concurrence of the director, establishes by rule;</subsection></subsection><subsection number="58-55-302(3)(k)(ii)">require that each alarm company officer, alarm company owner, alarm company proprietor, alarm company trustee, and responsible management personnel with direct responsibility for managing operations of the applicant within the state:<subsection number="58-55-302(3)(k)(ii)(A)">provide the applicant's name, address, date of birth, social security number, and fingerprints to the division;</subsection><subsection number="58-55-302(3)(k)(ii)(B)">consent to, and complete, a criminal background check, described in Section <xref depth="3" refnumber="58-1-301.5">58-1-301.5</xref>;</subsection><subsection number="58-55-302(3)(k)(ii)(C)">meet any other standard related to the criminal background check described in Subsection <xref depth="4" refnumber="58-55-302(2)(k)(ii)(b)">(2)(k)(ii)(B)</xref>, that the division establishes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and</subsection><subsection number="58-55-302(3)(k)(ii)(D)">disclose any criminal history the division requests on a form the division approves;</subsection></subsection><subsection number="58-55-302(3)(k)(iii)">document that none of the individuals described in Subsection <xref depth="4" refnumber="58-55-302(3)(k)(ii)">(3)(k)(ii)</xref>:<subsection number="58-55-302(3)(k)(iii)(A)">have been declared by any court of competent jurisdiction incompetent by reason of mental defect or disease and not been restored; or</subsection><subsection number="58-55-302(3)(k)(iii)(B)">are currently suffering from habitual drunkenness or from drug addiction or dependence;</subsection></subsection><subsection number="58-55-302(3)(k)(iv)">file and maintain with the division evidence of:<subsection number="58-55-302(3)(k)(iv)(A)">comprehensive general liability insurance in form and in amounts established by rule by the commission with the concurrence of the director;</subsection><subsection number="58-55-302(3)(k)(iv)(B)">workers' compensation insurance that covers employees of the applicant in accordance with applicable Utah law; and</subsection><subsection number="58-55-302(3)(k)(iv)(C)">registration as is required by applicable law with the:<subsection number="58-55-302(3)(k)(iv)(C)(I)">Division of Corporations and Commercial Code;</subsection><subsection number="58-55-302(3)(k)(iv)(C)(II)">Unemployment Insurance Division in the Department of Workforce Services, for purposes of Title 35A, Chapter 4, Employment Security Act;</subsection><subsection number="58-55-302(3)(k)(iv)(C)(III)">State Tax Commission; and</subsection><subsection number="58-55-302(3)(k)(iv)(C)(IV)">Internal Revenue Service; and</subsection></subsection></subsection><subsection number="58-55-302(3)(k)(v)">meet with the division and board;</subsection></subsection><subsection number="58-55-302(3)(l)">an applicant for licensure as an alarm company agent shall:<subsection number="58-55-302(3)(l)(i)">submit an application in a form the division approves accompanied by fingerprint cards;</subsection><subsection number="58-55-302(3)(l)(ii)">pay a fee determined by the department under Section <xref depth="3" refnumber="63J-1-504">63J-1-504</xref>;</subsection><subsection number="58-55-302(3)(l)(iii)">consent to, and complete, a criminal background check, described in Section <xref depth="3" refnumber="58-1-301.5">58-1-301.5</xref>;<subsection number="58-55-302(3)(l)(iii)(A)">meet any other standard related to the criminal background check described in this Subsection <xref depth="4" refnumber="58-55-302(3)(l)(iii)">(3)(l)(iii)</xref>, that the division establishes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and</subsection><subsection number="58-55-302(3)(l)(iii)(B)">disclose any criminal history the division requests on a form the division approves;</subsection></subsection><subsection number="58-55-302(3)(l)(iv)">not have been declared by any court of competent jurisdiction incompetent by reason of mental defect or disease and not been restored;</subsection><subsection number="58-55-302(3)(l)(v)">not be currently suffering from habitual drunkenness or from drug addiction or dependence; and</subsection><subsection number="58-55-302(3)(l)(vi)">meet with the division and board if requested by the division or the board; and</subsection></subsection><subsection number="58-55-302(3)(m)"><subsection number="58-55-302(3)(m)(i)">an applicant for licensure as an elevator mechanic shall:<subsection number="58-55-302(3)(m)(i)(A)">provide documentation of experience and education credits of not less than three years work experience in the elevator industry, in construction, maintenance, or service and repair;</subsection><subsection number="58-55-302(3)(m)(i)(B)">satisfactorily complete a written examination administered by the division established by rule under Section <xref depth="3" refnumber="58-1-203">58-1-203</xref>; or</subsection><subsection number="58-55-302(3)(m)(i)(C)">provide certificates of completion of an apprenticeship program for elevator mechanics, having standards substantially equal to those of this chapter and registered with the United States Department of Labor Bureau Apprenticeship and Training or a state apprenticeship council; and</subsection></subsection><subsection number="58-55-302(3)(m)(ii)"><subsection number="58-55-302(3)(m)(ii)(A)">if an elevator contractor licensed under this chapter cannot find a licensed elevator mechanic to perform the work of erecting, constructing, installing, altering, servicing, repairing, or maintaining an elevator, the contractor may notify the division of the unavailability of licensed personnel and request the division issue a temporary elevator mechanic license to an individual certified by the contractor as having an acceptable combination of documented experience and education to perform the work described in this Subsection <xref depth="4" refnumber="58-55-302(3)(m)(ii)(a)">(3)(m)(ii)(A)</xref>; and</subsection><subsection number="58-55-302(3)(m)(ii)(B)">if an elevator contractor requests that the division issue a temporary elevator license as described in Subsection <xref depth="4" refnumber="58-55-302(3)(m)(ii)(a)">(3)(m)(ii)(A)</xref>, the division may issue a temporary elevator mechanic license to an individual certified under Subsection <xref depth="4" refnumber="58-55-302(3)(m)(ii)(a)">(3)(m)(ii)(A)</xref> upon application by the individual, accompanied by the appropriate fee as determined by the department under Section <xref depth="3" refnumber="63J-1-504">63J-1-504</xref> and shall specify the time period for which the license is valid and may renew the license for an additional time period upon the division's determination that a shortage of licensed elevator mechanics continues to exist.</subsection></subsection></subsection><subsection number="58-55-302(3)(n)">An applicant for licensure as an HVAC contractor shall produce satisfactory evidence to the division that the applicant:<subsection number="58-55-302(3)(n)(i)">completed two years full-time paid employment of HVAC specific experience; and</subsection><subsection number="58-55-302(3)(n)(ii)">passed an examination the commission, with the concurrence of the director, established by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.</subsection></subsection><subsection number="58-55-302(3)(o)">An applicant for a general engineering contractor's license described in Subsection <xref depth="4" refnumber="58-55-302(1)">(1)</xref> may satisfy Subsection <xref depth="4" refnumber="58-55-302(1)(e)(ii)(a)">(1)(e)(ii)(A)</xref>:<subsection number="58-55-302(3)(o)(i)">by producing satisfactory evidence of four years relevant full-time paid employment experience; or</subsection><subsection number="58-55-302(3)(o)(ii)">if the applicant is a licensed journeyman lineman in another jurisdiction, by meeting the requirements the division makes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.</subsection></subsection></subsection><subsection number="58-55-302(4)">In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules establishing when Federal Bureau of Investigation records shall be checked for applicants as an alarm company or alarm company agent under this section and Section <xref depth="3" refnumber="58-1-301.5">58-1-301.5</xref>.</subsection><subsection number="58-55-302(5)"><subsection number="58-55-302(5)(a)">The division shall deny an application for licensure under this chapter if:<subsection number="58-55-302(5)(a)(i)">the applicant has had a previous license, which was issued under this chapter, suspended or revoked within two years before the date of the applicant's application;</subsection><subsection number="58-55-302(5)(a)(ii)"><subsection number="58-55-302(5)(a)(ii)(A)">the applicant is a partnership, corporation, or limited liability company; and</subsection><subsection number="58-55-302(5)(a)(ii)(B)">any corporate officer, director, shareholder holding 25% or more of the stock in the applicant, partner, member, agent acting as a qualifier, or any person occupying a similar status, performing similar functions, or directly or indirectly controlling the applicant has served in any similar capacity with any person or entity that has had a previous license, which was issued under this chapter, suspended or revoked within two years before the date of the applicant's application;</subsection></subsection><subsection number="58-55-302(5)(a)(iii)"><subsection number="58-55-302(5)(a)(iii)(A)">the applicant is an individual or sole proprietorship; and</subsection><subsection number="58-55-302(5)(a)(iii)(B)">any owner or agent acting as a qualifier has served in any capacity listed in Subsection <xref depth="4" refnumber="58-55-302(5)(a)(ii)(b)">(5)(a)(ii)(B)</xref> in any entity which has had a previous license, which was issued under this chapter, suspended or revoked within two years before the date of the applicant's application; or</subsection></subsection><subsection number="58-55-302(5)(a)(iv)"><subsection number="58-55-302(5)(a)(iv)(A)">the applicant includes an individual who was an owner, director, or officer of an unincorporated entity at the time the entity's license under this chapter was revoked; and</subsection><subsection number="58-55-302(5)(a)(iv)(B)">the application for licensure is filed within 60 months after the revocation of the unincorporated entity's license.</subsection></subsection></subsection><subsection number="58-55-302(5)(b)">The appropriate licensing board shall review an application for licensure under this chapter before approval if:<subsection number="58-55-302(5)(b)(i)">the applicant has had a previous license, which was issued under this chapter, suspended or revoked more than two years before the date of the applicant's application;</subsection><subsection number="58-55-302(5)(b)(ii)"><subsection number="58-55-302(5)(b)(ii)(A)">the applicant is a partnership, corporation, or limited liability company; and</subsection><subsection number="58-55-302(5)(b)(ii)(B)">any corporate officer, director, shareholder holding 25% or more of the stock in the applicant, partner, member, agent acting as a qualifier, or any person occupying a similar status, performing similar functions, or directly or indirectly controlling the applicant has served in any similar capacity with any person or entity that has had a previous license, which was issued under this chapter, suspended or revoked more than two years before the date of the applicant's application; or</subsection></subsection><subsection number="58-55-302(5)(b)(iii)"><subsection number="58-55-302(5)(b)(iii)(A)">the applicant is an individual or sole proprietorship; and</subsection><subsection number="58-55-302(5)(b)(iii)(B)">any owner or agent acting as a qualifier has served in any capacity listed in Subsection <xref depth="4" refnumber="58-55-302(5)(a)(ii)(b)">(5)(a)(ii)(B)</xref> in any entity that has had a previous license, which was issued under this chapter, suspended or revoked more than two years before the date of the applicant's application.</subsection></subsection></subsection></subsection><subsection number="58-55-302(6)"><subsection number="58-55-302(6)(a)"><subsection number="58-55-302(6)(a)(i)">A licensee that is an unincorporated entity shall file an ownership status report with the division every 30 days after the day on which the license is issued if the licensee has more than five owners who are individuals who:<subsection number="58-55-302(6)(a)(i)(A)">own an interest in the contractor that is an unincorporated entity;</subsection><subsection number="58-55-302(6)(a)(i)(B)">own, directly or indirectly, less than an 8% interest, as defined by rule made by the division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in the unincorporated entity; and</subsection><subsection number="58-55-302(6)(a)(i)(C)">engage, or will engage, in a construction trade in the state as owners of the contractor described in Subsection <xref depth="4" refnumber="58-55-302(6)(a)(i)(a)">(6)(a)(i)(A)</xref>.</subsection></subsection><subsection number="58-55-302(6)(a)(ii)">If the licensee has five or fewer owners described in Subsection <xref depth="4" refnumber="58-55-302(6)(a)(i)">(6)(a)(i)</xref>, the licensee shall provide the ownership status report with an application for renewal of licensure.</subsection></subsection><subsection number="58-55-302(6)(b)">An ownership status report required under this Subsection <xref depth="4" refnumber="58-55-302(6)">(6)</xref> shall:<subsection number="58-55-302(6)(b)(i)">specify each addition or deletion of an owner:<subsection number="58-55-302(6)(b)(i)(A)">for the first ownership status report, after the day on which the unincorporated entity is licensed under this chapter; and</subsection><subsection number="58-55-302(6)(b)(i)(B)">for a subsequent ownership status report, after the day on which the previous ownership status report is filed;</subsection></subsection><subsection number="58-55-302(6)(b)(ii)">be in a format the division approves and that includes for each owner, regardless of the owner's percentage ownership in the unincorporated entity, the information described in Subsection <xref depth="4" refnumber="58-55-302(1)(e)(vi)">(1)(e)(vi)</xref>;</subsection><subsection number="58-55-302(6)(b)(iii)">list the name of:<subsection number="58-55-302(6)(b)(iii)(A)">each officer or manager of the unincorporated entity; and</subsection><subsection number="58-55-302(6)(b)(iii)(B)">each other individual involved in the operation, supervision, or management of the unincorporated entity; and</subsection></subsection><subsection number="58-55-302(6)(b)(iv)">be accompanied by a fee set by the division in accordance with Section <xref depth="3" refnumber="63J-1-504">63J-1-504</xref> if the ownership status report indicates there is a change described in Subsection <xref depth="4" refnumber="58-55-302(6)(b)(i)">(6)(b)(i)</xref>.</subsection></subsection><subsection number="58-55-302(6)(c)">The division may audit, at any time, an ownership status report under this Subsection <xref depth="4" refnumber="58-55-302(6)">(6)</xref>:<subsection number="58-55-302(6)(c)(i)">to determine if financial responsibility has been demonstrated or maintained as required under Section <xref depth="3" refnumber="58-55-306">58-55-306</xref>; and</subsection><subsection number="58-55-302(6)(c)(ii)">to determine compliance with Subsection <xref depth="4" refnumber="58-55-501(23)">58-55-501(23)</xref>, <xref refnumber="58-55-501(24)" depth="4">(24)</xref>, or <xref refnumber="58-55-501(26)" depth="4">(26)</xref> or Subsection <xref depth="4" refnumber="58-55-502(8)">58-55-502(8)</xref> or <xref depth="4" refnumber="58-55-302(9)">(9)</xref>.</subsection></subsection></subsection><subsection number="58-55-302(7)"><subsection number="58-55-302(7)(a)">An unincorporated entity that provides labor to an entity licensed under this chapter by providing an individual who owns an interest in the unincorporated entity to engage in a construction trade in Utah shall file with the division:<subsection number="58-55-302(7)(a)(i)">before the individual who owns an interest in the unincorporated entity engages in a construction trade in Utah, a current list of the one or more individuals who hold an ownership interest in the unincorporated entity that includes for each individual:<subsection number="58-55-302(7)(a)(i)(A)">the individual's name, address, birth date, and social security number; and</subsection><subsection number="58-55-302(7)(a)(i)(B)">whether the individual will engage in a construction trade; and</subsection></subsection><subsection number="58-55-302(7)(a)(ii)">every 30 days after the day on which the unincorporated entity provides the list described in Subsection <xref depth="4" refnumber="58-55-302(7)(a)(i)">(7)(a)(i)</xref>, an ownership status report containing the information that would be required under Subsection <xref depth="4" refnumber="58-55-302(6)">(6)</xref> if the unincorporated entity were a licensed contractor.</subsection></subsection><subsection number="58-55-302(7)(b)">When filing an ownership list described in Subsection <xref depth="4" refnumber="58-55-302(7)(a)(i)">(7)(a)(i)</xref> or an ownership status report described in Subsection <xref depth="4" refnumber="58-55-302(7)(a)(ii)">(7)(a)(ii)</xref> an unincorporated entity shall pay a fee set by the division in accordance with Section <xref depth="3" refnumber="63J-1-504">63J-1-504</xref>.</subsection></subsection><subsection number="58-55-302(8)">This chapter may not be interpreted to create or support an express or implied independent contractor relationship between an unincorporated entity described in Subsection <xref depth="4" refnumber="58-55-302(6)">(6)</xref> or <xref depth="4" refnumber="58-55-302(7)">(7)</xref> and the owners of the unincorporated entity for any purpose, including income tax withholding.</subsection><subsection number="58-55-302(9)"><subsection number="58-55-302(9)(a)">A social security number provided under Subsection <xref depth="4" refnumber="58-55-302(1)(e)(vi)">(1)(e)(vi)</xref> or<xref refnumber="(3)(k)(i)" depth="4"> (3)(k)(ii) </xref>is a private record under Subsection <xref depth="4" refnumber="63G-2-302(1)(i)">63G-2-302(1)(i)</xref>.</subsection><subsection number="58-55-302(9)(b)">The division may designate an applicant's evidence of identity under Subsection <xref depth="4" refnumber="58-55-302(1)(e)(vi)">(1)(e)(vi)</xref> as a private record in accordance with Section <xref depth="3" refnumber="63G-2-302">63G-2-302</xref>.</subsection></subsection></section><section number="58-55-302"><effdate>1/1/2027</effdate><histories><history>Repealed and Re-enacted by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Electrician Education Fund.</catchline><subsection number="58-55-302(1)">There is created an expendable special revenue fund known as the Electrician Education Fund.</subsection><subsection number="58-55-302(2)">The fund consists of money from a surcharge the division establishes in accordance with Section <xref depth="3" refnumber="63J-1-504">63J-1-504</xref>, that the division collects on initial, renewal, and reinstatement licensures for an apprentice electrician, a journeyman electrician, a master electrician, a residential journeyman electrician, and a residential master electrician.</subsection><subsection number="58-55-302(3)"><subsection number="58-55-302(3)(a)">The surcharge may not exceed $5.</subsection><subsection number="58-55-302(3)(b)">The surcharge described in Subsection <xref depth="4" refnumber="58-55-302(3)(a)">(3)(a)</xref> is in addition to the surcharge described in Section <xref depth="3" refnumber="58-55-106">58-55-106</xref>.</subsection></subsection><subsection number="58-55-302(4)"><subsection number="58-55-302(4)(a)">The fund shall earn interest.</subsection><subsection number="58-55-302(4)(b)">The division shall deposit the interest into the fund.</subsection></subsection><subsection number="58-55-302(5)">With the concurrence of the commission, the director may make distributions from the fund for the following purposes:<subsection number="58-55-302(5)(a)">education and training of licenses described in Subsection <xref depth="4" refnumber="58-55-302(2)">(2)</xref>; and</subsection><subsection number="58-55-302(5)(b)">education and training of other individuals licensed under this chapter or the public about electrical laws and practices.</subsection></subsection><subsection number="58-55-302(6)">If the balance in the fund is more than $100,000 at the end of any fiscal year, the division shall transfer the amount that exceeds $100,000 to the General Fund.</subsection><subsection number="58-55-302(7)">The division shall report annually to the General Government Appropriations Subcommittee on:<subsection number="58-55-302(7)(a)">the balance in the fund; and</subsection><subsection number="58-55-302(7)(b)">fund expenditures.</subsection></subsection></section><section number="58-55-302.5"><enddate type="RP">1/1/2027</enddate><histories><history>Amended by Chapter <modchap sess="2026GS">312</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Continuing education requirements for contractor licensees -- Continuing education courses.</catchline><subsection number="58-55-302.5(1)"><subsection number="58-55-302.5(1)(a)">A contractor licensee under a license issued under this chapter shall complete six hours of approved continuing education during each two-year renewal cycle established by rule under Subsection <xref depth="4" refnumber="58-55-303(1)">58-55-303(1)</xref>.</subsection><subsection number="58-55-302.5(1)(b)">A contractor licensee who has a renewal cycle that ends on or after January 1, 2020, may complete one hour of approved continuing education on energy conservation as part of the six required hours.</subsection></subsection><subsection number="58-55-302.5(2)"><subsection number="58-55-302.5(2)(a)">The commission shall, with the concurrence of the division, establish by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, a program of approved continuing education for contractor licensees.</subsection><subsection number="58-55-302.5(2)(b)">Except as provided in Subsections <xref depth="4" refnumber="58-55-302.5(2)(c)">(2)(c)</xref> and <xref depth="4" refnumber="58-55-302.5(e)">(e)</xref>, only courses offered by any of the following may be included in the program of approved continuing education for contractor licensees:<subsection number="58-55-302.5(2)(b)(i)">the Associated General Contractors of Utah;</subsection><subsection number="58-55-302.5(2)(b)(ii)">Associated Builders and Contractors, Utah Chapter;</subsection><subsection number="58-55-302.5(2)(b)(iii)">the Utah Home Builders Association;</subsection><subsection number="58-55-302.5(2)(b)(iv)">the National Electrical Contractors Association Intermountain Chapter;</subsection><subsection number="58-55-302.5(2)(b)(v)">the Utah Plumbing &amp; Heating Contractors Association;</subsection><subsection number="58-55-302.5(2)(b)(vi)">the Independent Electrical Contractors of Utah;</subsection><subsection number="58-55-302.5(2)(b)(vii)">the Rocky Mountain Gas Association;</subsection><subsection number="58-55-302.5(2)(b)(viii)">the Utah Mechanical Contractors Association;</subsection><subsection number="58-55-302.5(2)(b)(ix)">the Sheet Metal Contractors Association;</subsection><subsection number="58-55-302.5(2)(b)(x)">the Intermountain Electrical Association;</subsection><subsection number="58-55-302.5(2)(b)(xi)">the American Subcontractors Association, Utah Chapter; or</subsection><subsection number="58-55-302.5(2)(b)(xii)">Utah Roofing Contractors Association.</subsection></subsection><subsection number="58-55-302.5(2)(c)">An approved continuing education program for a contractor licensee may include a course approved by an entity described in Subsections <xref depth="4" refnumber="58-55-302.5(2)(b)(i)">(2)(b)(i)</xref> through <xref depth="4" refnumber="58-55-302.5(2)(b)(iii)">(2)(b)(iii)</xref>.</subsection><subsection number="58-55-302.5(2)(d)"><subsection number="58-55-302.5(2)(d)(i)">Except as provided in Subsections <xref depth="4" refnumber="58-55-302.5(2)(d)(ii)">(2)(d)(ii)</xref> and <xref depth="4" refnumber="58-55-302.5(iii)">(iii)</xref>, an entity listed in Subsections <xref depth="4" refnumber="58-55-302.5(2)(b)(iv)">(2)(b)(iv)</xref> through <xref depth="4" refnumber="58-55-302.5(2)(b)(xii)">(2)(b)(xii)</xref> may only offer and market continuing education courses to a licensee who is a member of the entity.</subsection><subsection number="58-55-302.5(2)(d)(ii)">An entity described in Subsection <xref depth="4" refnumber="58-55-302.5(2)(b)(iv)">(2)(b)(iv)</xref>, (vi), or (x) may offer and market a continuing education course that the entity offers to satisfy the continuing education requirement described in Subsection <xref depth="4" refnumber="58-55-302.7(2)(a)">58-55-302.7(2)(a)</xref> to a contractor in the electrical trade.</subsection><subsection number="58-55-302.5(2)(d)(iii)">An entity described in Subsection <xref depth="4" refnumber="58-55-302.5(2)(b)(v)">(2)(b)(v)</xref> or <xref depth="4" refnumber="58-55-302.5(viii)">(viii)</xref> may offer and market a continuing education course that the entity offers to satisfy:<subsection number="58-55-302.5(2)(d)(iii)(A)">the continuing education requirement described in Subsection <xref depth="4" refnumber="58-55-302.7(2)(b)">58-55-302.7(2)(b)</xref> to a contractor in the plumbing trade; or</subsection><subsection number="58-55-302.5(2)(d)(iii)(B)">the continuing education requirement described in Subsection <xref depth="4" refnumber="58-55-302.5(1)">(1)</xref> for a contractor licensee that is licensed in the specialty contractor classification of HVAC contractor.</subsection></subsection></subsection><subsection number="58-55-302.5(2)(e)">An approved continuing education program for a contractor licensee may include a course offered and taught by:<subsection number="58-55-302.5(2)(e)(i)">a state executive branch agency;</subsection><subsection number="58-55-302.5(2)(e)(ii)">the workers' compensation insurance carrier that provides workers' compensation insurance under Section <xref depth="3" refnumber="31A-22-1001">31A-22-1001</xref>; or</subsection><subsection number="58-55-302.5(2)(e)(iii)">a nationally or regionally accredited college or university that has a physical campus in the state.</subsection></subsection><subsection number="58-55-302.5(2)(f)">For a contractor licensee that is licensed in the specialty contractor classification of HVAC contractor, at least three of the six hours described in Subsection <xref depth="4" refnumber="58-55-302.5(1)">(1)</xref> shall include continuing education directly related to the installation, repair, or replacement of a heating, ventilation, or air conditioning system.</subsection></subsection><subsection number="58-55-302.5(3)"><subsection number="58-55-302.5(3)(a)">The division shall identify a specialty contractor under this section that primarily engages in landscape work.</subsection><subsection number="58-55-302.5(3)(b)">During each two-year renewal cycle, at least one of the six hours of continuing education described in Subsection <xref depth="4" refnumber="58-55-302.5(1)">(1)</xref> that a specialty contractor described in Subsection <xref depth="4" refnumber="58-55-302.5(3)(a)">(3)(a)</xref> completes shall cover the following topics:<subsection number="58-55-302.5(3)(b)(i)">water conservation landscaping principles, including:<subsection number="58-55-302.5(3)(b)(i)(A)">understanding water scarcity in this state;</subsection><subsection number="58-55-302.5(3)(b)(i)(B)">selecting drought tolerant plants that are native to this state;</subsection><subsection number="58-55-302.5(3)(b)(i)(C)">efficient irrigation design; and</subsection><subsection number="58-55-302.5(3)(b)(i)(D)">soil amendment techniques for soil retention; or</subsection></subsection><subsection number="58-55-302.5(3)(b)(ii)">fire risk management landscaping principles, including:<subsection number="58-55-302.5(3)(b)(ii)(A)">designing a landscape to prevent the spread of fire; and</subsection><subsection number="58-55-302.5(3)(b)(ii)(B)">incorporating rocks, concrete, and other materials to prevent the spread of fire.</subsection></subsection></subsection></subsection><subsection number="58-55-302.5(4)">The division may contract with a person to establish and maintain a continuing education registry to include:<subsection number="58-55-302.5(4)(a)">a list of courses that the division has approved for inclusion in the program of approved continuing education; and</subsection><subsection number="58-55-302.5(4)(b)">a list of courses that:<subsection number="58-55-302.5(4)(b)(i)">a contractor licensee has completed under the program of approved continuing education; and</subsection><subsection number="58-55-302.5(4)(b)(ii)">the licensee may access to monitor the licensee's compliance with the continuing education requirement established under Subsection <xref depth="4" refnumber="58-55-302.5(1)">(1)</xref>.</subsection></subsection></subsection><subsection number="58-55-302.5(5)">The division may charge a fee, as established by the division under Section <xref depth="3" refnumber="63J-1-504">63J-1-504</xref>, to administer the requirements of this section.</subsection></section><section number="58-55-302.7"><enddate type="RP">1/1/2027</enddate><histories><history>Repealed by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear><history>Amended by Chapter <modchap sess="2011GS">367</modchap>, 2011 General Session</history><modyear>2011</modyear></histories><catchline>Continuing education requirements for electricians, elevator mechanics, and plumbers.</catchline><subsection number="58-55-302.7(1)">
As used in this section:
<subsection number="58-55-302.7(1)(a)">
"Licensed electrician" means an individual licensed under this chapter as an apprentice electrician, journeyman electrician, master electrician, residential journeyman electrician, or residential master electrician.</subsection><subsection number="58-55-302.7(1)(b)">
"Licensed elevator mechanic" means an individual licensed under this chapter as an elevator mechanic.</subsection><subsection number="58-55-302.7(1)(c)">
"Licensed plumber" means an individual licensed under this chapter as an apprentice plumber, journeyman plumber, master plumber, residential journeyman plumber, or residential master plumber.</subsection></subsection><subsection number="58-55-302.7(2)">
Beginning December 1, 2010, during each two-year renewal cycle established by rule under Subsection <xref depth="4" refid="C58-55-S303_1800010118000101" refnumber="58-55-303(1)" start="0">58-55-303(1)</xref>:
<subsection number="58-55-302.7(2)(a)">
a licensed electrician shall complete 16 hours of continuing education under the continuing education program established under this section;</subsection><subsection number="58-55-302.7(2)(b)">
a licensed plumber shall complete 12 hours of continuing education under the continuing education program established under this section; and</subsection><subsection number="58-55-302.7(2)(c)">
a licensed elevator mechanic shall complete eight hours of continuing education under the continuing education program established under this section.</subsection></subsection><subsection number="58-55-302.7(3)">
The commission shall, with the concurrence of the division, establish by rule:
<subsection number="58-55-302.7(3)(a)">
a continuing education program for licensed electricians;</subsection><subsection number="58-55-302.7(3)(b)">
a continuing education program for licensed elevator mechanics; and</subsection><subsection number="58-55-302.7(3)(c)">
a continuing education program for licensed plumbers.</subsection></subsection><subsection number="58-55-302.7(4)">
The division may contract with a person to establish and maintain a continuing education registry to include:
<subsection number="58-55-302.7(4)(a)">
an online application for a continuing education course provider to apply to the division for approval of the course for inclusion in the continuing education program;</subsection><subsection number="58-55-302.7(4)(b)">
a list of courses that the division has approved for inclusion in the continuing education program; and</subsection><subsection number="58-55-302.7(4)(c)">
a list of courses that:<subsection number="58-55-302.7(4)(c)(i)">
a licensed electrician, licensed elevator mechanic, or licensed plumber has completed under the continuing education program; and</subsection><subsection number="58-55-302.7(4)(c)(ii)">
the licensed electrician, licensed elevator mechanic, or licensed plumber may access to monitor compliance with the continuing education requirement under Subsection <xref depth="4" refid="C58-55-S302.7_1800010118000101" refnumber="58-55-302.7(2)" start="0">(2)</xref>.</subsection></subsection></subsection><subsection number="58-55-302.7(5)">
The division may charge a fee, established by the division under Section <xref depth="3" refid="C63J-1-S504_1800010118000101" refnumber="63J-1-504" start="0">63J-1-504</xref>, to administer the requirements of this section.</subsection></section><section number="58-55-303"><enddate type="SC">1/1/2027</enddate><histories><history>Amended by Chapter <modchap sess="2023GS">223</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Term of license -- Expiration -- Renewal.</catchline><subsection number="58-55-303(1)"><subsection number="58-55-303(1)(a)">
Each license issued under this chapter shall be issued in accordance with a two-year renewal cycle established by rule.</subsection><subsection number="58-55-303(1)(b)">
The division may by rule extend or shorten a renewal period by as much as one year to stagger the renewal cycle it administers.</subsection><subsection number="58-55-303(1)(c)"><subsection number="58-55-303(1)(c)(i)">
Notwithstanding a renewal cycle under Subsection <xref depth="4" refnumber="58-55-303(1)(a)" start="0">(1)(a)</xref> or <xref depth="4" refnumber="58-55-303(1)(b)" start="0">(b)</xref>, notwithstanding <xref depth="1" refnumber="63G-4" start="0">Title 63G, Chapter 4, Administrative Procedures Act</xref>, and subject to Subsection <xref depth="4" refnumber="58-55-303(1)(c)(ii)" start="0">(1)(c)(ii)</xref>, a license is automatically suspended 60 days after the licensee:
<subsection number="58-55-303(1)(c)(i)(A)">
becomes, after the time of licensing, an unincorporated entity that is subject to the ownership status report filing requirements of Subsection <xref depth="4" refnumber="58-55-302(6)(a)(i)" start="0">58-55-302(6)(a)(i)</xref>; or</subsection><subsection number="58-55-303(1)(c)(i)(B)">
transfers its license to an unincorporated entity that is subject to the ownership status report filing requirements of Subsection <xref depth="4" refnumber="58-55-302(6)(a)(i)" start="0">58-55-302(6)(a)(i)</xref>.</subsection></subsection><subsection number="58-55-303(1)(c)(ii)">
An automatic suspension does not occur under Subsection <xref depth="4" refnumber="58-55-303(1)(c)(i)" start="0">(1)(c)(i)</xref> if, before the expiration of the 60-day period in Subsection <xref depth="4" refnumber="58-55-303(1)(c)(i)" start="0">(1)(c)(i)</xref>:
<subsection number="58-55-303(1)(c)(ii)(A)">
the licensee submits an application for renewal of the license; and</subsection><subsection number="58-55-303(1)(c)(ii)(B)">
the division renews the licensee's license pursuant to the licensee's application for renewal.</subsection></subsection><subsection number="58-55-303(1)(c)(iii)">
Within 30 days after the effective date of a suspension under Subsection <xref depth="4" refnumber="58-55-303(1)(c)(i)" start="0">(1)(c)(i)</xref>, the commission shall, in accordance with <xref depth="1" refnumber="63G-4" start="0">Title 63G, Chapter 4, Administrative Procedures Act</xref>, make a final determination concerning the suspension.</subsection></subsection></subsection><subsection number="58-55-303(2)">
At the time of renewal, the licensee shall show satisfactory evidence of:
<subsection number="58-55-303(2)(a)">
continuing financial responsibility as required under Section <xref depth="3" refnumber="58-55-306" start="0">58-55-306</xref>;</subsection><subsection number="58-55-303(2)(b)">
for a contractor licensee, completion of six hours of approved continuing education, as required in Section <xref depth="3" refnumber="58-55-302.5" start="0">58-55-302.5</xref>; and</subsection><subsection number="58-55-303(2)(c)">
if the licensee is an apprentice electrician or plumber, journeyman electrician or plumber, master electrician or plumber, residential journeyman electrician or plumber, or residential master electrician or plumber, completion of the number of hours of continuing education specified under Section <xref depth="3" refnumber="58-55-302.7" start="0">58-55-302.7</xref>.</subsection></subsection><subsection number="58-55-303(3)">
Each license automatically expires on the expiration date shown on the license unless the licensee renews the license in accordance with Section <xref depth="3" refnumber="58-1-308" start="0">58-1-308</xref>.</subsection><subsection number="58-55-303(4)">
The requirements of Subsection <xref depth="4" refnumber="58-55-302(5)" start="0">58-55-302(5)</xref> shall also apply to applicants seeking to renew or reinstate a license.</subsection><subsection number="58-55-303(5)">
In addition to any other requirements imposed by law, if a license has been suspended or revoked for any reason, the applicant:
<subsection number="58-55-303(5)(a)">
shall pay in full all fines imposed by the division;</subsection><subsection number="58-55-303(5)(b)">
resolve any outstanding citations or disciplinary actions with the division;</subsection><subsection number="58-55-303(5)(c)">
satisfy any Section <xref depth="3" refnumber="58-55-503" start="0">58-55-503</xref> judgment and sentence or nontrial resolution;</subsection><subsection number="58-55-303(5)(d)">
complete a new financial responsibility review as required under Section <xref depth="3" refnumber="58-55-306" start="0">58-55-306</xref>, using only titled assets; and</subsection><subsection number="58-55-303(5)(e)">
pay in full any reimbursement amount as provided in <xref depth="1" refnumber="38-11" start="0">Title 38, Chapter 11, Residence Lien Restriction and Lien Recovery Fund Act</xref>.</subsection></subsection></section><section number="58-55-303"><effdate>1/1/2027</effdate><histories><history>Repealed and Re-enacted by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Qualifications for licensure.</catchline><subsection number="58-55-303(1)">An applicant for a license under this part shall:<subsection number="58-55-303(1)(a)">submit an application the division approves;</subsection><subsection number="58-55-303(1)(b)">pay the fee the division determines in accordance with Section <xref depth="3" refnumber="63J-1-504">63J-1-504</xref>; and</subsection><subsection number="58-55-303(1)(c)">pass the examination requirements described in this section and in rules the commission establishes by rule, made with the concurrence of the director and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.</subsection></subsection><subsection number="58-55-303(2)">A master electrician applicant shall provide satisfactory evidence that the applicant:<subsection number="58-55-303(2)(a)">graduated as an electrical engineer from an accredited college or university the division approves and completed one year of practical electrical experience as a licensed apprentice electrician;</subsection><subsection number="58-55-303(2)(b)">graduated from an electrical trade school with an associate of applied sciences degree in a course the division approves and completed two years'  practical experience as a licensed journeyman electrician;</subsection><subsection number="58-55-303(2)(c)">completed four-years of practical experience as a licensed journeyman electrician; or</subsection><subsection number="58-55-303(2)(d)">meets the qualifications for expedited licensure the commission establishes with the concurrence of the director and by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.</subsection></subsection><subsection number="58-55-303(3)">A master residential electrician applicant shall provide satisfactory evidence that the applicant:<subsection number="58-55-303(3)(a)">completed at least two-years' practical experience as a licensed residential journeyman electrician; or</subsection><subsection number="58-55-303(3)(b)">meets the qualifications for expedited licensure the commission establishes by rule, made with the concurrence of the director and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.</subsection></subsection><subsection number="58-55-303(4)">A journeyman electrician applicant shall provide satisfactory evidence that the applicant:<subsection number="58-55-303(4)(a)">successfully completed at least four-years' full-time training and instruction as a licensed apprentice electrician under the supervision of a licensed master electrician or a licensed journeyman electrician, in accordance with a training program the division approves;</subsection><subsection number="58-55-303(4)(b)">has at least eight-years' full-time experience the division approves in collaboration with the Electricians and Plumbers Licensing Board; or</subsection><subsection number="58-55-303(4)(c)">meets the qualifications for expedited licensure the commission establishes by rule, made with the concurrence of the director and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.</subsection></subsection><subsection number="58-55-303(5)">A residential journeyman electrician applicant shall provide satisfactory evidence that the applicant:<subsection number="58-55-303(5)(a)">successfully completed two-years' training in an electrical training program the division approves;</subsection><subsection number="58-55-303(5)(b)">completed four-years' practical experience in wiring, installing, and repairing electrical apparatus and equipment for light, heat, and power under the supervision of a licensed master, journeyman, residential master, or residential journeyman electrician; or</subsection><subsection number="58-55-303(5)(c)">meets the qualifications for expedited licensure the commission establishes by rule, made with the concurrence of the director and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.</subsection></subsection><subsection number="58-55-303(6)"><subsection number="58-55-303(6)(a)">An apprentice electrician applicant shall identify to the division the proposed supervisor of the apprenticeship.</subsection><subsection number="58-55-303(6)(b)">Upon licensure, an apprentice electrician and the apprentice electrician's supervisor shall:<subsection number="58-55-303(6)(b)(i)">ensure the apprentice electrician works under the immediate supervision of a licensed master, journeyman, residential master, or residential journeyman electrician for the initial three-years' training;</subsection><subsection number="58-55-303(6)(b)(ii)">allow the apprentice electrician, beginning in the fourth year of training, to work without supervision for up to eight hours in any 24-hour period; and</subsection><subsection number="58-55-303(6)(b)(iii)">comply with rules the commission makes with the concurrence of the director and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the ratio of apprentice electricians to supervisor.</subsection></subsection></subsection></section><section number="58-55-304"><enddate type="SC">1/1/2027</enddate><histories><history>Amended by Chapter <modchap sess="2004GS">14</modchap>, 2004 General Session</history><modyear>2004</modyear></histories><catchline>Licensee names -- License number use -- License qualifier.</catchline><subsection number="58-55-304(1)">
No license may be issued by the division in a name that is identical to or so resembles the name of another licensee that the division determines that it may result in confusion or mistake.</subsection><subsection number="58-55-304(2)">
The contractor's license number shall be made a part of all permit applications, contracts, agreements, or bids when a license is required.</subsection><subsection number="58-55-304(3)">
The division may issue a license in the name of an individual or the name of a business entity for which the individual acts as a qualifier, in accordance with the following:
<subsection number="58-55-304(3)(a)">
An individual shall:<subsection number="58-55-304(3)(a)(i)">
submit an application in the individual's name;</subsection><subsection number="58-55-304(3)(a)(ii)">
demonstrate the individual's own financial responsibility; and</subsection><subsection number="58-55-304(3)(a)(iii)">
pass the required examination and meet all other requirements of this chapter.</subsection></subsection><subsection number="58-55-304(3)(b)">
A business entity shall:<subsection number="58-55-304(3)(b)(i)">
submit the application in the name of and on behalf of the business entity;</subsection><subsection number="58-55-304(3)(b)(ii)">
list the individual as the qualifier;</subsection><subsection number="58-55-304(3)(b)(iii)">
demonstrate financial responsibility of the business entity if applying for a contractor's license;</subsection><subsection number="58-55-304(3)(b)(iv)">
provide evidence that the individual qualifier has passed the required examination; and</subsection><subsection number="58-55-304(3)(b)(v)">
meet all other requirements of this chapter.</subsection></subsection></subsection><subsection number="58-55-304(4)">
A person acting as a qualifier for a business entity licensee must demonstrate to the division that the individual is an owner, officer, or manager within that business entity who exercises material authority in the conduct of that business entity's contracting business by:
<subsection number="58-55-304(4)(a)">
making substantive technical and administrative decisions relating to the work performed for which a license is required under this chapter;</subsection><subsection number="58-55-304(4)(b)">
hiring, promoting, transferring, laying off, disciplining, directing, or discharging employees of the licensee either by himself or through others; and</subsection><subsection number="58-55-304(4)(c)">
not being involved in any other employment or activity which conflicts with the individual's duties and responsibilities to ensure the licensee's performance of work regulated under this chapter does not jeopardize the public health, safety, and welfare.</subsection></subsection><subsection number="58-55-304(5)"><subsection number="58-55-304(5)(a)">
Except as provided in Subsections <xref depth="4" refid="C58-55-S304_1800010118000101" refnumber="58-55-304(5)(b)" start="0">(5)(b)</xref> and <xref depth="4" refid="C58-55-S304_1800010118000101" refnumber="58-55-304(5)(c)" start="0">(c)</xref>, it is the duty and responsibility of the licensee and the qualifier to comply with the provisions of this section.  Failure to comply with the requirements of this section may be considered unprofessional conduct by the licensee, the qualifier, or both.</subsection><subsection number="58-55-304(5)(b)">
If a licensee business entity has maintained its license and has not violated the requirements of this chapter or Sections <xref depth="3" refid="C58-55-S101_1800010118000101" refnumber="58-55-101" start="0">58-55-101</xref> through <xref depth="3" refid="C58-55-S604_1800010118000101" refnumber="58-55-604" start="0">58-55-604</xref> for a period of 10 consecutive years, the business entity may maintain its license under this chapter by recording an active employee name and registration/license number from the applicable trade on the renewal application in order to comply with the individual qualifier requirements of this section.  However, this Subsection <xref depth="4" refid="C58-55-S304_1800010118000101" refnumber="58-55-304(5)(b)" start="0">(5)(b)</xref> shall not apply if more than 50% of the ownership of the business entity has been transferred at any time during the ten-year period.</subsection><subsection number="58-55-304(5)(c)">
If a plumbing or electrical business entity has maintained its license and has not violated the requirements of this chapter or Sections <xref depth="3" refid="C58-55-S101_1800010118000101" refnumber="58-55-101" start="0">58-55-101</xref> through <xref depth="3" refid="C58-55-S604_1800010118000101" refnumber="58-55-604" start="0">58-55-604</xref> for a period of five consecutive years, the business entity may maintain its license under this chapter by recording an active employee name and registration/license number from the applicable trade on the renewal application in order to comply with the individual qualifier requirements of this section.  However, this Subsection <xref depth="4" refid="C58-55-S304_1800010118000101" refnumber="58-55-304(5)(c)" start="0">(5)(c)</xref> shall not apply if more than 50% of the ownership of the business entity has been transferred at any time during the five-year period.</subsection></subsection><subsection number="58-55-304(6)">
If an individual qualifying on behalf of a business entity issued a license under this chapter ceases association with that entity as required in Subsection <xref depth="4" refid="C58-55-S304_1800010118000101" refnumber="58-55-304(4)" start="0">(4)</xref>, the licensee shall notify the division in writing within 10 days after cessation of association or employment.  If notice is given, the license shall remain in force for 60 days after the date of cessation of association or employment.  The licensee shall replace the original qualifier with another individual qualifier within the 60-day period or the license shall be automatically suspended.</subsection><subsection number="58-55-304(7)">
Failure to notify the division of cessation of association or employment of a qualifier as required in Subsection <xref depth="4" refid="C58-55-S304_1800010118000101" refnumber="58-55-304(6)" start="0">(6)</xref> may result in immediate suspension of the license upon a finding of good cause.</subsection></section><section number="58-55-304"><effdate>1/1/2027</effdate><histories><history>Repealed and Re-enacted by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Continuing education requirements for electricians.</catchline><subsection number="58-55-304(1)">During each two-year license term the division establishes by rule in accordance with Section <xref depth="3" refnumber="58-55-108">58-55-108</xref>, a licensed electrician shall complete 16 hours of continuing education.</subsection><subsection number="58-55-304(2)">The commission, with the concurrence of the division, shall establish by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, continuing education for licensed electricians.</subsection><subsection number="58-55-304(3)">The division may contract with a person to establish and maintain a registry of continuing education that includes:<subsection number="58-55-304(3)(a)">an online application for a continuing education course provider to apply to the division for approval of a course as continuing education;</subsection><subsection number="58-55-304(3)(b)">a list of approved continuing education courses; and</subsection><subsection number="58-55-304(3)(c)">a list of courses that:<subsection number="58-55-304(3)(c)(i)">a licensed electrician completes; and</subsection><subsection number="58-55-304(3)(c)(ii)">the licensed electrician may access to monitor compliance with the continuing education requirement.</subsection></subsection></subsection><subsection number="58-55-304(4)">The division may charge a fee the division establishes in accordance with Section <xref depth="3" refnumber="63J-1-504">63J-1-504</xref>, to administer this section.</subsection></section><section number="58-55-305"><enddate type="RN">1/1/2027</enddate><histories><history>Renumbered and Amended by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear><history>Amended by Chapter <modchap sess="2025GS">176</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Exemptions from licensure.</catchline><subsection number="58-55-305(1)">In addition to the exemptions from licensure in Section <xref depth="3" refnumber="58-1-307">58-1-307</xref>, the following persons may engage in acts or practices included within the practice of construction trades, subject to the stated circumstances and limitations, without being licensed under this chapter:<subsection number="58-55-305(1)(a)">an authorized representative of the United States government or an authorized employee of the state or any of its political subdivisions when working on construction work of the state or the subdivision, and when acting within the terms of the person's trust, office, or employment;</subsection><subsection number="58-55-305(1)(b)">a person engaged in construction or operation incidental to the construction and repair of irrigation and drainage ditches of regularly constituted irrigation districts, reclamation districts, and drainage districts or construction and repair relating to farming, dairying, agriculture, livestock or poultry raising, metal and coal mining, quarries, sand and gravel excavations, well drilling, as defined in Section <xref depth="3" refnumber="73-3-25">73-3-25</xref>, hauling to and from construction sites, and lumbering;</subsection><subsection number="58-55-305(1)(c)">public utilities operating under the rules of the Public Service Commission on work incidental to their own business;</subsection><subsection number="58-55-305(1)(d)">a sole owner of property engaged in building:<subsection number="58-55-305(1)(d)(i)">no more than one residential structure per year on the sole owner's property and no more than three residential structures per five years on the sole owner's property for the sole owner's noncommercial, nonpublic use, except that a person other than the property owner or a person described in Subsection (1)(e), who engages in building a residential structure must be licensed under this chapter if the person is otherwise required to be licensed under this chapter; or</subsection><subsection number="58-55-305(1)(d)(ii)">structures on the sole owner's property for the sole owner's noncommercial, nonpublic use that are incidental to a residential structure on the property, including a shed, carport, or detached garage;</subsection></subsection><subsection number="58-55-305(1)(e)"><subsection number="58-55-305(1)(e)(i)">a person engaged in construction or renovation of a residential building for noncommercial, nonpublic use if that person:<subsection number="58-55-305(1)(e)(i)(A)">works without compensation other than token compensation that is not considered salary or wages; and</subsection><subsection number="58-55-305(1)(e)(i)(B)">works under the direction of the property owner who engages in building the structure; and</subsection></subsection><subsection number="58-55-305(1)(e)(ii)">as used in this Subsection (1)(e), "token compensation" means compensation paid by a sole owner of property exempted from licensure under Subsection (1)(d) to a person exempted from licensure under this Subsection (1)(e), that is:<subsection number="58-55-305(1)(e)(ii)(A)">minimal in value when compared with the fair market value of the services provided by the person;</subsection><subsection number="58-55-305(1)(e)(ii)(B)">not related to the fair market value of the services provided by the person; and</subsection><subsection number="58-55-305(1)(e)(ii)(C)">is incidental to the providing of services by the person including paying for or providing meals or refreshment while services are being provided, or paying reasonable transportation costs incurred by the person in travel to the site of construction;</subsection></subsection></subsection><subsection number="58-55-305(1)(f)">a person engaged in the sale or merchandising of personal property that by its design or manufacture may be attached, installed, or otherwise affixed to real property who has contracted with a person, firm, or corporation licensed under this chapter to install, affix, or attach that property;</subsection><subsection number="58-55-305(1)(g)">a contractor submitting a bid on a federal aid highway project, if, before undertaking construction under that bid, the contractor is licensed under this chapter;</subsection><subsection number="58-55-305(1)(h)"><subsection number="58-55-305(1)(h)(i)">subject to Subsection <xref depth="4" refnumber="58-1-401(2)">58-1-401(2)</xref> and Sections <xref depth="3" refnumber="58-55-501">58-55-501</xref> and <xref depth="3" refnumber="58-55-502">58-55-502</xref>, a person engaged in the alteration, repair, remodeling, or addition to or improvement of a building with a contracted or agreed value of less than $7,000, including both labor and materials, and including all changes or additions to the contracted or agreed upon work; and</subsection><subsection number="58-55-305(1)(h)(ii)">notwithstanding Subsection (1)(h)(i) and except as otherwise provided in this section:<subsection number="58-55-305(1)(h)(ii)(A)">work in the plumbing and electrical trades on a Subsection (1)(h)(i) project within any six month period of time:<subsection number="58-55-305(1)(h)(ii)(A)(I)">shall be performed by a licensed electrical or plumbing contractor, if the project involves an electrical or plumbing system; and</subsection><subsection number="58-55-305(1)(h)(ii)(A)(II)">may be performed by a licensed journeyman electrician or plumber or an individual referred to in Subsection (1)(h)(ii)(A)(I), if the project involves a component of the system such as a faucet, toilet, fixture, device, outlet, or electrical switch;</subsection></subsection><subsection number="58-55-305(1)(h)(ii)(B)">installation, repair, or replacement of a residential or commercial gas appliance or a combustion system on a Subsection (1)(h)(i) project shall be performed by a person who has received certification under Subsection <xref depth="4" refnumber="58-55-308(2)">58-55-308(2)</xref> except as otherwise provided in Subsection <xref depth="4" refnumber="58-55-308(2)(d)">58-55-308(2)(d)</xref> or <xref depth="4" refnumber="58-55-308(3)">58-55-308(3)</xref>;</subsection><subsection number="58-55-305(1)(h)(ii)(C)">installation, repair, or replacement of water-based fire protection systems on a Subsection (1)(h)(i) project must be performed by a licensed fire suppression systems contractor or a licensed journeyman plumber;</subsection><subsection number="58-55-305(1)(h)(ii)(D)">work as an alarm business or company or as an alarm company agent shall be performed by a licensed alarm business or company or a licensed alarm company agent, except as otherwise provided in this chapter;</subsection><subsection number="58-55-305(1)(h)(ii)(E)">installation, repair, or replacement of an alarm system on a Subsection (1)(h)(i) project must be performed by a licensed alarm business or company or a licensed alarm company agent;</subsection><subsection number="58-55-305(1)(h)(ii)(F)">installation, repair, or replacement of a heating, ventilation, or air conditioning system (HVAC) on a Subsection (1)(h)(i) project must be performed by an HVAC contractor licensed by the division;</subsection><subsection number="58-55-305(1)(h)(ii)(G)">installation, repair, or replacement of a radon mitigation system or a soil depressurization system must be performed by a licensed contractor; and</subsection><subsection number="58-55-305(1)(h)(ii)(H)">if the total value of the project is greater than $3,000, the person shall file with the division a one-time affirmation, subject to periodic reaffirmation as established by division rule, that the person has:<subsection number="58-55-305(1)(h)(ii)(H)(I)">public liability insurance in coverage amounts and form established by division rule; and</subsection><subsection number="58-55-305(1)(h)(ii)(H)(II)">if applicable, workers compensation insurance which would cover an employee of the person if that employee worked on the construction project;</subsection></subsection></subsection></subsection><subsection number="58-55-305(1)(i)">a person practicing a specialty contractor classification or construction trade which the director does not classify by administrative rule as significantly impacting the public's health, safety, and welfare;</subsection><subsection number="58-55-305(1)(j)">owners and lessees of property and persons regularly employed for wages by owners or lessees of property or their agents for the purpose of maintaining the property, are exempt from this chapter when doing work upon the property;</subsection><subsection number="58-55-305(1)(k)"><subsection number="58-55-305(1)(k)(i)">a person engaged in minor plumbing work that is incidental, as defined by the division by rule, to the repair of a fixture or an appliance in a residential or small commercial building, or structure used for agricultural use, as defined in Section <xref depth="3" refnumber="15A-1-202">15A-1-202</xref>, provided that no modification is made to:<subsection number="58-55-305(1)(k)(i)(A)">existing culinary water, soil, waste, or vent piping; or</subsection><subsection number="58-55-305(1)(k)(i)(B)">a gas appliance or combustion system; and</subsection></subsection><subsection number="58-55-305(1)(k)(ii)">except as provided in Subsection (1)(e), installation for the first time of a fixture or an appliance is not included in the exemption provided under Subsection (1)(k)(i);</subsection></subsection><subsection number="58-55-305(1)(l)">a person who ordinarily would be subject to the plumber licensure requirements under this chapter when installing or repairing a water conditioner or other water treatment apparatus if the conditioner or apparatus:<subsection number="58-55-305(1)(l)(i)">meets the appropriate state construction codes or local plumbing standards; and</subsection><subsection number="58-55-305(1)(l)(ii)">is installed or repaired under the direction of a person authorized to do the work under an appropriate specialty contractor license;</subsection></subsection><subsection number="58-55-305(1)(m)">a person who ordinarily would be subject to the electrician licensure requirements under this chapter when employed by:<subsection number="58-55-305(1)(m)(i)">railroad corporations, telephone corporations or their corporate affiliates, elevator contractors or constructors, or street railway systems; or</subsection><subsection number="58-55-305(1)(m)(ii)">public service corporations, rural electrification associations, or municipal utilities who generate, distribute, or sell electrical energy for light, heat, or power;</subsection></subsection><subsection number="58-55-305(1)(n)">a person involved in minor electrical work incidental to a mechanical or service installation, including the outdoor installation of: <subsection number="58-55-305(1)(n)(i)">an above-ground, prebuilt hot tub; or</subsection><subsection number="58-55-305(1)(n)(ii)">the installation, maintenance, or repair of on-premise signs;</subsection></subsection><subsection number="58-55-305(1)(o)">a person who ordinarily would be subject to the electrician licensure requirements under this chapter but who during calendar years 2009, 2010, or 2011 was issued a specialty contractor license for the electrical work associated with the installation, repair, or maintenance of solar energy panels, may continue the limited electrical work for solar energy panels under a specialty contractor license;</subsection><subsection number="58-55-305(1)(p)">a student participating in construction trade education and training programs approved by the commission with the concurrence of the director under the condition that:<subsection number="58-55-305(1)(p)(i)">all work intended as a part of a finished product on which there would normally be an inspection by a building inspector is, in fact, inspected and found acceptable by a licensed building inspector; and</subsection><subsection number="58-55-305(1)(p)(ii)">a licensed contractor obtains the necessary building permits;</subsection></subsection><subsection number="58-55-305(1)(q)">a delivery person when replacing any of the following existing equipment with a new gas appliance, provided there is an existing gas shutoff valve at the appliance:<subsection number="58-55-305(1)(q)(i)">gas range;</subsection><subsection number="58-55-305(1)(q)(ii)">gas dryer;</subsection><subsection number="58-55-305(1)(q)(iii)">outdoor gas barbeque; or</subsection><subsection number="58-55-305(1)(q)(iv)">outdoor gas patio heater;</subsection></subsection><subsection number="58-55-305(1)(r)">a person performing maintenance on an elevator as defined in Section <xref depth="3" refnumber="58-55-102">58-55-102</xref>, if the maintenance is not related to the operating integrity of the elevator; and</subsection><subsection number="58-55-305(1)(s)">an apprentice or helper of an elevator mechanic licensed under this chapter when working under the general direction of the licensed elevator mechanic.</subsection></subsection><subsection number="58-55-305(2)">A compliance agency as defined in Section <xref depth="3" refnumber="15A-1-202">15A-1-202</xref> that issues a building permit to a person requesting a permit as a sole owner of property referred to in Subsection (1)(d) shall notify the division, in writing or through electronic transmission, of the issuance of the permit.</subsection></section><section number="58-55-306"><histories><history>Amended by Chapter <modchap sess="2013GS">57</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Financial responsibility.</catchline><subsection number="58-55-306(1)">
An applicant for licensure as a contractor, and a licensee applying for renewal or reinstatement of a contractor's license shall demonstrate to the division and the commission the applicant's or licensee's financial responsibility before the issuance of or the renewal or reinstatement of a license by:
<subsection number="58-55-306(1)(a)"><subsection number="58-55-306(1)(a)(i)">
completing a questionnaire developed by the division; and</subsection><subsection number="58-55-306(1)(a)(ii)">
signing the questionnaire, certifying that the information provided is true and accurate; or</subsection></subsection><subsection number="58-55-306(1)(b)">
submitting a bond in an amount and form determined by the commission with the concurrence of the director.</subsection></subsection><subsection number="58-55-306(2)">
A licensee, including an individual who holds an ownership interest in an unincorporated entity licensee, shall maintain financial responsibility throughout the period of licensure.</subsection><subsection number="58-55-306(3)">
The division may audit the financial responsibility of an applicant or licensee on a random basis or upon finding of a reasonable need.</subsection><subsection number="58-55-306(4)">
The burden to demonstrate financial responsibility is upon the applicant, licensee, or owner of an unincorporated entity licensee, as the case may be.</subsection><subsection number="58-55-306(5)"><subsection number="58-55-306(5)(a)">
In determining the financial responsibility of an applicant or licensee described in Subsection <xref depth="4" refid="C58-55-S306_1800010118000101" refnumber="58-55-306(1)" start="0">(1)</xref> that is an unincorporated entity, the division:<subsection number="58-55-306(5)(a)(i)">
shall consider the personal financial information of each individual who holds an ownership interest in the unincorporated entity; and</subsection><subsection number="58-55-306(5)(a)(ii)">
may, at any time:
<subsection number="58-55-306(5)(a)(ii)(A)">
audit the personal financial information of any individual who holds an ownership interest in the unincorporated entity; or</subsection><subsection number="58-55-306(5)(a)(ii)(B)">
request and obtain a credit report on the individual.</subsection></subsection></subsection><subsection number="58-55-306(5)(b)">
If, based on the personal financial information of one or more individuals who hold an ownership interest in the unincorporated entity, the division determines that the applicant or licensee lacks financial responsibility to engage successfully in business as a contractor, the division may:<subsection number="58-55-306(5)(b)(i)">
prohibit the individual or individuals from engaging in a construction trade;</subsection><subsection number="58-55-306(5)(b)(ii)">
prohibit the applicant or licensee from engaging in a construction trade, unless the individual or individuals dissociate from the applicant or licensee within 10 days after the division makes the determination of a lack of financial responsibility; or</subsection><subsection number="58-55-306(5)(b)(iii)">
require the individual or individuals, applicant, or licensee to submit a bond that is in a form determined by the commission with the concurrence of the director and in an amount that is:
<subsection number="58-55-306(5)(b)(iii)(A)">
determined by the commission with the concurrence of the director; or</subsection><subsection number="58-55-306(5)(b)(iii)(B)">
20% of the annual gross distributions from the unincorporated entity to its owners and that includes coverage for unpaid obligations incurred by the licensee contractor and any failure of the licensee contractor owners to pay income taxes and self-employment taxes on the gross distributions from the unincorporated entity to its owners.</subsection></subsection></subsection></subsection></section><section number="58-55-307"><enddate type="RN">1/1/2027</enddate><histories><history>Renumbered and Amended by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear><history>Amended by Chapter <modchap sess="2016GS">238</modchap>, 2016 General Session</history><modyear>2016</modyear></histories><catchline>Confidentiality of records and reports.</catchline><subsection number="58-55-307(1)">
Credit reports, financial statements, and other information submitted to the division by or at the request and direction of an applicant or licensee for the purpose of supporting a representation of financial responsibility:
<subsection number="58-55-307(1)(a)">
constitute protected records under <xref depth="1" refnumber="63G-2" start="0">Title 63G, Chapter 2, Government Records Access and Management Act</xref>; and</subsection><subsection number="58-55-307(1)(b)">
notwithstanding Subsection <xref depth="4" refnumber="58-55-307(1)(a)" start="0">(1)(a)</xref>, may be considered by the commission in a public meeting, unless the owner of the information requests that the meeting be closed to the public in accordance with <xref depth="1" refnumber="52-4" start="0">Title 52, Chapter 4, Open and Public Meetings Act</xref>.</subsection></subsection><subsection number="58-55-307(2)">
Notwithstanding the provisions of <xref depth="1" refnumber="63G-2" start="0">Title 63G, Chapter 2, Government Records Access and Management Act</xref>, the records described in Subsection <xref depth="4" refnumber="58-55-307(1)" start="0">(1)</xref> are not open for public inspection and are not subject to discovery in civil or administrative proceedings.</subsection></section><section number="58-55-308"><enddate type="RP">1/1/2027</enddate><histories><history>Repealed by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear><history>Amended by Chapter <modchap sess="2022GS">446</modchap>, 2022 General Session</history><modyear>2022</modyear></histories><catchline>Scope of practice -- Installation, repair, maintenance, or replacement of gas appliance, combustion system, automatic fire sprinkler system, or battery-powered fence -- Rules.</catchline><subsection number="58-55-308(1)"><subsection number="58-55-308(1)(a)">
The commission, with the concurrence of the director, may adopt reasonable rules pursuant to <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, to define and limit the scope of practice and operating standards of the classifications and subclassifications licensed under this chapter in a manner consistent with established practice in the relevant industry.</subsection><subsection number="58-55-308(1)(b)">
The commission and the director may limit the field and scope of operations of a licensee under this chapter in accordance with the rules and the public health, safety, and welfare, based on the licensee's education, training, experience, knowledge, and financial responsibility.</subsection></subsection><subsection number="58-55-308(2)"><subsection number="58-55-308(2)(a)">
The work and scope of practice covered by this Subsection <xref depth="4" refnumber="58-55-308(2)" start="0">(2)</xref> and Subsection <xref depth="4" refnumber="58-55-308(3)" start="0">(3)</xref> is the installation, repair, maintenance, cleaning, or replacement of a residential or commercial gas appliance or combustion system.</subsection><subsection number="58-55-308(2)(b)">
The provisions of this Subsection <xref depth="4" refnumber="58-55-308(2)" start="0">(2)</xref> apply to any:<subsection number="58-55-308(2)(b)(i)">
licensee under this chapter whose license authorizes the licensee to perform the work described in Subsection <xref depth="4" refnumber="58-55-308(2)(a)" start="0">(2)(a)</xref>; and</subsection><subsection number="58-55-308(2)(b)(ii)">
person exempt from licensure under Section <xref depth="3" refnumber="58-55-305" start="0">58-55-305</xref>.</subsection></subsection><subsection number="58-55-308(2)(c)">
Any person described in Subsection <xref depth="4" refnumber="58-55-308(2)(b)" start="0">(2)(b)</xref> that performs work described in Subsection <xref depth="4" refnumber="58-55-308(2)(a)" start="0">(2)(a)</xref>:<subsection number="58-55-308(2)(c)(i)">
must first receive training and certification as specified in rules adopted by the commission, with the concurrence of the director, in accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>; and</subsection><subsection number="58-55-308(2)(c)(ii)">
shall ensure that any employee authorized under other provisions of this chapter to perform work described in Subsection <xref depth="4" refnumber="58-55-308(2)(a)" start="0">(2)(a)</xref> has first received training and certification as specified in rules adopted by the division.</subsection></subsection><subsection number="58-55-308(2)(d)">
The division may exempt from the training requirements adopted under Subsection <xref depth="4" refnumber="58-55-308(2)(c)" start="0">(2)(c)</xref> a person that has adequate experience, as determined by the division.</subsection></subsection><subsection number="58-55-308(3)">
The division may exempt the following individuals from the certification requirements adopted under Subsection <xref depth="4" refnumber="58-55-308(2)(c)" start="0">(2)(c)</xref>:
<subsection number="58-55-308(3)(a)">
a person who has passed a test equivalent to the level of testing required by the division for certification, or has completed an apprenticeship program that teaches the installation of gas line appliances and is approved by the Federal Bureau of Apprenticeship Training; and</subsection><subsection number="58-55-308(3)(b)">
a person working under the immediate one-to-one supervision of a certified natural gas technician or a person exempt from certification.</subsection></subsection><subsection number="58-55-308(4)"><subsection number="58-55-308(4)(a)">
The work and scope of practice covered by this Subsection <xref depth="4" refnumber="58-55-308(4)" start="0">(4)</xref> is the installation, repair, maintenance, or replacement of an automatic fire sprinkler system.</subsection><subsection number="58-55-308(4)(b)">
The provisions of this Subsection <xref depth="4" refnumber="58-55-308(4)" start="0">(4)</xref> apply to an individual acting as a qualifier for a business entity in accordance with Section <xref depth="3" refnumber="58-55-304" start="0">58-55-304</xref>, where the business entity seeks to perform the work described in Subsection <xref depth="4" refnumber="58-55-308(4)(a)" start="0">(4)(a)</xref>.</subsection><subsection number="58-55-308(4)(c)">
Before a business entity described in Subsection <xref depth="4" refnumber="58-55-308(4)(b)" start="0">(4)(b)</xref> may perform the work described in Subsection <xref depth="4" refnumber="58-55-308(4)(a)" start="0">(4)(a)</xref>, the qualifier for the business entity shall:<subsection number="58-55-308(4)(c)(i)">
be a licensed general building contractor; or</subsection><subsection number="58-55-308(4)(c)(ii)">
obtain a certification in fire sprinkler fitting from the division by providing evidence to the division that the qualifier has met the following requirements:
<subsection number="58-55-308(4)(c)(ii)(A)">
completing a Department of Labor federally approved apprentice training program or completing two-years experience under the immediate supervision of a licensee who has obtained a certification in fire sprinkler fitting; and</subsection><subsection number="58-55-308(4)(c)(ii)(B)">
passing the Star fire sprinklerfitting mastery examination offered by the National Inspection Testing and Certification Corporation or an equivalent examination approved by the division.</subsection></subsection></subsection><subsection number="58-55-308(4)(d)">
The division may also issue a certification in fire sprinkler fitting to a qualifier for a business entity who has received training and experience equivalent to the requirements of Subsection <xref depth="4" refnumber="58-55-308(4)(c)" start="0">(4)(c)</xref>, as specified in rules adopted by the commission, with the concurrence of the director, in accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>.</subsection></subsection><subsection number="58-55-308(5)"><subsection number="58-55-308(5)(a)">
The scope and practice of this Subsection <xref depth="4" refnumber="58-55-308(5)" start="0">(5)</xref> is the installation, repair, maintenance, or replacement of a battery-charged suspended-wire system or fence that:<subsection number="58-55-308(5)(a)(i)">
is part of and interfaces with an alarm system for the purposes of detecting and deterring unauthorized intrusion or entry into or onto certain premises;</subsection><subsection number="58-55-308(5)(a)(ii)">
is located on property that is not designated by a municipality or county for residential use;</subsection><subsection number="58-55-308(5)(a)(iii)">
has an energizer that is driven by a commercial storage battery that provides no more than 12 volts of direct current;</subsection><subsection number="58-55-308(5)(a)(iv)">
produces an electric charge on contact that does not exceed energizer characteristics set for electric fence energizers by the International Electrotechnical Commission;</subsection><subsection number="58-55-308(5)(a)(v)">
is surrounded by a nonelectric perimeter fence or wall that is at least five feet in height;</subsection><subsection number="58-55-308(5)(a)(vi)">
is not more than the higher of:
<subsection number="58-55-308(5)(a)(vi)(A)">
two feet higher than the height of the nonelectric perimeter fence or wall; or</subsection><subsection number="58-55-308(5)(a)(vi)(B)">
10 feet in height;</subsection></subsection><subsection number="58-55-308(5)(a)(vii)">
is marked with conspicuous warning signs that are located on the battery-charged suspended-wire system or fence at no more than 30-foot intervals and that read "WARNING -- ELECTRIC FENCE"; and</subsection><subsection number="58-55-308(5)(a)(viii)">
meets any rules related to battery-charged suspended-wire systems or fences adopted by the commission, with the concurrence of the director, in accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>.</subsection></subsection><subsection number="58-55-308(5)(b)">
Before a business entity or person may perform the scope of work described in Subsection <xref depth="4" refnumber="58-55-308(5)(a)" start="0">(5)(a)</xref>, the business entity or person shall be a licensed alarm business or company or a licensed alarm company agent.</subsection></subsection><subsection number="58-55-308(6)">
This section does not prohibit a licensed specialty contractor from accepting and entering into a contract involving the use of two or more crafts or trades if the performance of the work in the crafts or trades, other than that in which the contractor is licensed, is incidental and supplemental to the work for which the contractor is licensed.</subsection></section><section number="58-55-308.1"><enddate type="RP">1/1/2027</enddate><histories><history>Repealed by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear><history>Enacted by Chapter <modchap sess="2014GS">326</modchap>, 2014 General Session</history><modyear>2014</modyear></histories><catchline>Definitions -- Installation of natural gas facilities -- Scope of practice.</catchline><subsection number="58-55-308.1(1)">
As used in this section:
<subsection number="58-55-308.1(1)(a)">
"Gas corporation" is as defined in Section <xref depth="3" refnumber="54-2-1" start="0">54-2-1</xref>.</subsection><subsection number="58-55-308.1(1)(b)">
"Minimum system" means the minimum natural gas facilities necessary to serve each intended consumer, as determined by a gas corporation.</subsection><subsection number="58-55-308.1(1)(c)"><subsection number="58-55-308.1(1)(c)(i)">
"Natural gas facilities" means:
<subsection number="58-55-308.1(1)(c)(i)(A)">
one or more natural gas mains;</subsection><subsection number="58-55-308.1(1)(c)(i)(B)">
one or more natural gas service lines; or</subsection><subsection number="58-55-308.1(1)(c)(i)(C)">
a combination of Subsections <xref depth="4" refnumber="58-55-308.1(1)(c)(i)(A)" start="0">(1)(c)(i)(A)</xref> and <xref depth="4" refnumber="58-55-308.1(1)(c)(i)(B)" start="0">(B)</xref>; and</subsection></subsection><subsection number="58-55-308.1(1)(c)(ii)">
"Natural gas facilities" includes any necessary appurtenant facilities.</subsection></subsection><subsection number="58-55-308.1(1)(d)"><subsection number="58-55-308.1(1)(d)(i)">
"Natural gas main" means a natural gas distribution pipeline that delivers natural gas to another natural gas distribution supply line or to a natural gas service line.</subsection><subsection number="58-55-308.1(1)(d)(ii)">
"Natural gas main" does not include a natural gas service line.</subsection></subsection><subsection number="58-55-308.1(1)(e)">
"Natural gas service line" means a natural gas pipeline that carries natural gas from a natural gas main to a meter for use by the ultimate consumer.</subsection><subsection number="58-55-308.1(1)(f)">
"Natural gas tariff specifications" means the standards and specifications:<subsection number="58-55-308.1(1)(f)(i)">
for the construction of natural gas facilities; and</subsection><subsection number="58-55-308.1(1)(f)(ii)">
that are:
<subsection number="58-55-308.1(1)(f)(ii)(A)">
established by a gas corporation; and</subsection><subsection number="58-55-308.1(1)(f)(ii)(B)">
included in the gas corporation's tariff that is approved by the Public Service Commission.</subsection></subsection></subsection><subsection number="58-55-308.1(1)(g)">
"Qualifying installer" means a person who:<subsection number="58-55-308.1(1)(g)(i)">
a gas corporation approves to install natural gas facilities; and</subsection><subsection number="58-55-308.1(1)(g)(ii)">
is:
<subsection number="58-55-308.1(1)(g)(ii)(A)">
licensed under this chapter; and</subsection><subsection number="58-55-308.1(1)(g)(ii)(B)">
authorized to install natural gas facilities within the person's scope of practice as established by statute or administrative rule.</subsection></subsection></subsection></subsection><subsection number="58-55-308.1(2)">
A qualifying installer may install natural gas facilities.</subsection><subsection number="58-55-308.1(3)"><subsection number="58-55-308.1(3)(a)">
Except as provided in Subsections <xref depth="4" refnumber="58-55-308.1(3)(b)" start="0">(3)(b)</xref> and <xref depth="4" refnumber="58-55-308.1(3)(c)" start="0">(c)</xref>, a qualifying installer shall pay the costs to install natural gas facilities.</subsection><subsection number="58-55-308.1(3)(b)">
A gas corporation shall pay the costs of the following services related to natural gas facilities installed by a qualifying installer:<subsection number="58-55-308.1(3)(b)(i)">
engineering;</subsection><subsection number="58-55-308.1(3)(b)(ii)">
inspection;</subsection><subsection number="58-55-308.1(3)(b)(iii)">
mapping; and</subsection><subsection number="58-55-308.1(3)(b)(iv)">
locating.</subsection></subsection><subsection number="58-55-308.1(3)(c)">
If a gas corporation requires a qualifying installer to install natural gas facilities that are greater than the minimum system, the gas corporation shall pay any difference in cost between the required natural gas facilities and the minimum system.</subsection></subsection><subsection number="58-55-308.1(4)">
A gas corporation shall inspect and test natural gas facilities that a qualifying installer installs to verify that the natural gas facilities comply with applicable federal, state, and local law and natural gas tariff specifications.</subsection><subsection number="58-55-308.1(5)">
A gas corporation is not required to supply natural gas to or accept ownership of natural gas facilities until the gas corporation completes all necessary inspections and testing to verify that the natural gas facilities have been installed and tested in compliance with applicable federal, state, and local law and natural gas tariff specifications.</subsection></section><section number="58-55-310"><enddate type="RN">1/1/2027</enddate><histories><history>Renumbered and Amended by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear><history>Amended by Chapter <modchap sess="2013GS">57</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Requirements when working for political subdivision or state agency.</catchline><tab/>Each political subdivision and agency of the state and each board of education which requires the issuance of a permit or license as a precondition to the construction, alteration, improvement, demolition, or other repairs for which a contractor's license is also required under this chapter shall:<subsection number="58-55-310(1)">
require that each applicant for a permit or license file a signed statement that the applicant has a current contractor's license with the license number included in the application;</subsection><subsection number="58-55-310(2)">
require that any representation of exemption from the contractor's licensing law be included in the signed statement and that if that exempt person, firm, corporation, association, or other organization intends to hire a contractor to perform any work under the permit or license, that the license number of that contractor be included in the application, but if a contractor has not been selected at the time of the application for a permit or license, the permit or license shall be issued only on the condition that a currently licensed contractor will be selected and that the license number of the contractor will be given to the issuing public body and displayed on the permit or license;</subsection><subsection number="58-55-310(3)">
require that, upon issuance of a permit or license, the contractor affix the contractor's license number to that permit or license for public display; and</subsection><subsection number="58-55-310(4)">
require the contractor to provide proof that the contractor provides workers' compensation insurance, pays into the unemployment insurance fund, provides health insurance as required under federal or state law, and withholds applicable taxes from worker pay.</subsection></section><section number="58-55-311"><enddate type="RP">1/1/2027</enddate><histories><history>Repealed by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear><history>Renumbered and Amended by Chapter <modchap sess="2000GS">317</modchap>, 2000 General Session</history><modyear>2000</modyear></histories><catchline>Evidence of licensure.</catchline><tab/>An individual licensed as an alarm company agent shall:<subsection number="58-55-311(1)">
carry a copy of the individual's license on the individual's person at all times while acting as a licensee;</subsection><subsection number="58-55-311(2)">
display the license upon the request of a peace officer, a representative of the division, or a representative of a customer of the alarm company.</subsection></section><section number="58-55-312"><enddate type="RP">1/1/2027</enddate><histories><history>Repealed by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear><history>Amended by Chapter <modchap sess="2010GS">387</modchap>, 2010 General Session</history><modyear>2010</modyear></histories><catchline>Interim and temporary permits for alarm company agents.</catchline><subsection number="58-55-312(1)">
Upon receipt of a complete application for licensure in accordance with Section <xref depth="3" refid="C58-55-S302_1800010118000101" refnumber="58-55-302" start="0">58-55-302</xref>, an applicant for licensure as an alarm company agent may be issued:
<subsection number="58-55-312(1)(a)">
an interim permit; or</subsection><subsection number="58-55-312(1)(b)">
subject to Subsection <xref depth="4" refid="C58-55-S312_1800010118000101" refnumber="58-55-312(3)" start="0">(3)</xref>, a temporary permit.</subsection></subsection><subsection number="58-55-312(2)"><subsection number="58-55-312(2)(a)">
Each interim permit shall expire 90 days after it is issued or on the date on which the applicant is issued a license, whichever is earlier.</subsection><subsection number="58-55-312(2)(b)">
The division may reissue an interim permit if the delay in approving a license is beyond the control or influence of the interim permit holder.</subsection></subsection><subsection number="58-55-312(3)"><subsection number="58-55-312(3)(a)">
The division may issue a temporary permit to an applicant for a license as an alarm company agent if:<subsection number="58-55-312(3)(a)(i)">
the division has received a background check on the applicant from the Bureau of Criminal Identification;</subsection><subsection number="58-55-312(3)(a)(ii)"><subsection number="58-55-312(3)(a)(ii)(A)">
the applicant is or will be employed at a call center, office, or administrative facility of an alarm company; and</subsection><subsection number="58-55-312(3)(a)(ii)(B)">
the applicant's only contact with a customer or potential customer of the alarm company is:<subsection number="58-55-312(3)(a)(ii)(B)(I)">
from the call center, office, or administrative facility; and</subsection><subsection number="58-55-312(3)(a)(ii)(B)(II)">
by telephone or other remote communication method; and</subsection></subsection></subsection><subsection number="58-55-312(3)(a)(iii)">
the alarm company by which the applicant is or will be employed affirms in writing to the division that the applicant, if issued a temporary license, will act only within the scope of the temporary license, as provided in Subsection <xref depth="4" refid="C58-55-S312_1800010118000101" refnumber="58-55-312(3)(a)(ii)" start="0">(3)(a)(ii)</xref>.</subsection></subsection><subsection number="58-55-312(3)(b)">
A temporary license under this section expires the earliest of:<subsection number="58-55-312(3)(b)(i)">
90 days after it is issued;</subsection><subsection number="58-55-312(3)(b)(ii)">
the date on which the individual to whom the temporary license is issued leaves the employment of the alarm company that employs the individual at the time the temporary license is issued; and</subsection><subsection number="58-55-312(3)(b)(iii)">
the date on which the division issues a regular license to the applicant or denies the applicant's application.</subsection></subsection></subsection><subsection number="58-55-312(4)">
An interim permit holder may engage in the scope of an alarm company agent.</subsection></section><section number="58-55-313"><enddate type="RP">1/1/2027</enddate><histories><history>Enacted by Chapter <modchap sess="2026GS">198</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Subcontractors.</catchline><subsection number="58-55-313(1)">As used in this section:<subsection number="58-55-313(1)(a)">"First-tier subcontractor" means a subcontractor who contracts directly with the general contractor.</subsection><subsection number="58-55-313(1)(b)">"Public project" means the contract is with or authorized by a public entity as defined in Section <xref depth="3" refnumber="63G-6a-103">63G-6a-103</xref>.</subsection><subsection number="58-55-313(1)(c)">"Second-tier subcontractor" means a subcontractor that contracts with a subcontractor.</subsection><subsection number="58-55-313(1)(d)"><subsection number="58-55-313(1)(d)(i)">"Subcontractor" means a person under contract with a general contractor or another subcontractor to provide services or labor for the construction, installation, or repair of an improvement to real property.</subsection><subsection number="58-55-313(1)(d)(ii)">"Subcontractor" includes a trade contractor or specialty contractor.</subsection><subsection number="58-55-313(1)(d)(iii)">"Subcontractor" includes a first-tier subcontractor and a second-tier subcontractor.</subsection><subsection number="58-55-313(1)(d)(iv)">"Subcontractor" does not include a supplier that provides only materials, equipment, or supplies to a general contractor or subcontractor.</subsection></subsection><subsection number="58-55-313(1)(e)">"Zero estimated exposure policy" means the same as that term is defined in Section <xref depth="3" refnumber="31A-22-1017">31A-22-1017</xref>.</subsection></subsection><subsection number="58-55-313(2)">Before engaging in a construction trade on a public project, a subcontractor shall:<subsection number="58-55-313(2)(a)">provide a list of current employees to the general contractor and the property owner for which the subcontractor engages in a construction trade;</subsection><subsection number="58-55-313(2)(b)">provide the general contractor and the property owner the second-tier subcontractor's name and the second-tier subcontractor's license number if the subcontractor intends to accept a contract with a second-tier subcontractor related to construction trade on a public project;</subsection><subsection number="58-55-313(2)(c)">if the subcontractor holds a zero estimated exposure policy, provide to a person that contracts with the subcontractor for construction trade on a public project:<subsection number="58-55-313(2)(c)(i)">written notice that the subcontractor has a zero estimated exposure policy; and</subsection><subsection number="58-55-313(2)(c)(ii)">a copy of the zero estimated exposure policy;</subsection></subsection><subsection number="58-55-313(2)(d)">ensure that each of the subcontractor's employees on the construction site possess photo identification and shall ensure that the identification will be presented to the division upon request; and</subsection><subsection number="58-55-313(2)(e)">provide to the general contractor and the property owner the estimated number of labor hours for their portion of the project.</subsection></subsection><subsection number="58-55-313(3)">At the division's request, a subcontractor shall provide the following for each current employee of the subcontractor:<subsection number="58-55-313(3)(a)">the name of the employee;</subsection><subsection number="58-55-313(3)(b)">the last four digits of the social security number of the employee; and</subsection><subsection number="58-55-313(3)(c)">if the employee possesses a professional license, the professional license number of the employee.</subsection></subsection><subsection number="58-55-313(4)"><subsection number="58-55-313(4)(a)">The general contractor and the property owner shall retain the information the subcontractor provides for three years from the day after the day on which the general contractor and the property owner receive the information from the subcontractor.</subsection><subsection number="58-55-313(4)(b)">The general contractor and the property owner shall provide the information the general contractor and the property owner receive from a subcontractor to the division at the division's request.</subsection></subsection><subsection number="58-55-313(5)">The division may:<subsection number="58-55-313(5)(a)">make audit recommendations to the State Tax Commission; and </subsection><subsection number="58-55-313(5)(b)">provide information obtained in accordance with this section to the State Tax Commission.</subsection></subsection></section></part><part number="58-55-4"><enddate type="SC">1/1/2027</enddate><catchline>License Denial and Discipline</catchline></part><part number="58-55-4"><effdate>1/1/2027</effdate><catchline>Plumbers</catchline><section number="58-55-401"><enddate type="SC">1/1/2027</enddate><histories><history>Amended by Chapter <modchap sess="2020GS">339</modchap>, 2020 General Session</history><modyear>2020</modyear></histories><catchline>Grounds for denial of license and disciplinary proceedings.</catchline><subsection number="58-55-401(1)">
In accordance with Section <xref depth="3" refnumber="58-1-401" start="0">58-1-401</xref>, the division may:
<subsection number="58-55-401(1)(a)">
refuse to issue a license to an applicant;</subsection><subsection number="58-55-401(1)(b)">
refuse to renew the license of a licensee;</subsection><subsection number="58-55-401(1)(c)">
revoke the right of a licensee to recover from the Residence Lien Recovery Fund created by Section <xref depth="3" refnumber="38-11-201" start="0">38-11-201</xref>;</subsection><subsection number="58-55-401(1)(d)">
revoke, suspend, restrict, or place on probation the license of a licensee;</subsection><subsection number="58-55-401(1)(e)">
issue a public or private reprimand to a licensee; and</subsection><subsection number="58-55-401(1)(f)">
issue a cease and desist order.</subsection></subsection><subsection number="58-55-401(2)">
In addition to an action taken under Subsection <xref depth="4" refnumber="58-55-401(1)" start="0">(1)</xref>, the division may take an action described in Subsection <xref depth="4" refnumber="58-1-401(2)" start="0">58-1-401(2)</xref> in relation to a license as a contractor, if:
<subsection number="58-55-401(2)(a)">
the applicant or licensee is an unincorporated entity; and</subsection><subsection number="58-55-401(2)(b)">
an individual who holds an ownership interest in or is the qualifier under Section <xref depth="3" refnumber="58-55-304" start="0">58-55-304</xref> of the applicant or licensee engages in:<subsection number="58-55-401(2)(b)(i)">
unlawful conduct as described in Section <xref depth="3" refnumber="58-55-501" start="0">58-55-501</xref>; or</subsection><subsection number="58-55-401(2)(b)(ii)">
unprofessional conduct as described in Section <xref depth="3" refnumber="58-55-502" start="0">58-55-502</xref>.</subsection></subsection></subsection></section><section number="58-55-401"><effdate>1/1/2027</effdate><histories><history>Repealed and Re-enacted by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Definitions.</catchline>As used in this part:<subsection number="58-55-401(1)">"Apprentice plumber" means an individual who is learning the plumbing trade.</subsection><subsection number="58-55-401(2)">"Journeyman plumber" means an individual who engages in the plumbing trade.</subsection><subsection number="58-55-401(3)">"Licensed plumber" means an individual licensed as an apprentice plumber, a journeyman plumber, a master plumber, a residential journeyman plumber, or a residential master plumber.</subsection><subsection number="58-55-401(4)">"Master plumber" means an individual who plans and supervises projects in the plumbing trade.</subsection><subsection number="58-55-401(5)"><subsection number="58-55-401(5)(a)">"Plumbing trade" means the performance of mechanical work pertaining to the installation, alteration, change, repair, removal, maintenance, or use in buildings, or within three feet beyond the outside walls of buildings, pipes, fixtures, and fittings for the:<subsection number="58-55-401(5)(a)(i)">delivery of the water supply;</subsection><subsection number="58-55-401(5)(a)(ii)">discharge of liquid and water carried waste;</subsection><subsection number="58-55-401(5)(a)(iii)">building drainage system within the walls of the building; and</subsection><subsection number="58-55-401(5)(a)(iv)">delivery of gases for lighting, heating, and industrial purposes.</subsection></subsection><subsection number="58-55-401(5)(b)">"Plumbing trade" includes work relating to the water supply, distribution pipes, fixtures and fixture traps, soil, waste and vent pipes, the building drain and roof drains, and the safe and adequate supply of gases, and related devices, appurtenances, and connections installed within the outside walls of the building.</subsection></subsection><subsection number="58-55-401(6)">"Residential building" means a single-family or multi-family dwelling with up to four units.</subsection><subsection number="58-55-401(7)">"Residential journeyman plumber" means an individual who engages in the plumbing trade exclusively in the plumbing of a residential building.</subsection><subsection number="58-55-401(8)">"Residential master plumber" means an individual who plans and supervises the plumbing of a residential building.</subsection></section><section number="58-55-402"><enddate type="SC">1/1/2027</enddate><histories><history>Amended by Chapter <modchap sess="2011GS">195</modchap>, 2011 General Session</history><modyear>2011</modyear></histories><catchline>Investigation of regulated activity.</catchline><subsection number="58-55-402(1)">
The division shall be responsible for the investigation of persons and activities in violation of the provisions of this chapter.</subsection><subsection number="58-55-402(2)"><subsection number="58-55-402(2)(a)">
Investigation by the division shall include investigations of:<subsection number="58-55-402(2)(a)(i)">
licensees engaged in unlawful or unprofessional conduct; and</subsection><subsection number="58-55-402(2)(a)(ii)">
unlicensed persons engaged in the conduct of activity or work regulated under this chapter and for which a license is required.</subsection></subsection><subsection number="58-55-402(2)(b)"><subsection number="58-55-402(2)(b)(i)">
As used in this Subsection <xref depth="4" refid="C58-55-S402_1800010118000101" refnumber="58-55-402(2)(b)" start="0">(2)(b)</xref>, "sign contractor":
<subsection number="58-55-402(2)(b)(i)(A)">
means a sign installation contractor or nonelectrical outdoor advertising sign contractor, as classified and defined in division rules; and</subsection><subsection number="58-55-402(2)(b)(i)(B)">
does not include a sign installation contractor or nonelectrical outdoor advertising sign contractor, as classified and defined in division rules, that is subject to <xref depth="2" refid="C72-7-P5_1800010118000101" refnumber="72-7-5" start="0">Title 72, Chapter 7, Part 5, Utah Outdoor Advertising Act</xref>.</subsection></subsection><subsection number="58-55-402(2)(b)(ii)">
The division shall maintain a record of the number of unlicensed persons found to have engaged each year in the conduct of activity or work regulated under this chapter for which a license as a sign contractor is required, including the location where a violation occurred.</subsection></subsection></subsection><subsection number="58-55-402(3)">
The division shall decline to proceed with investigation of the violation of any provisions of this chapter if the division finds there is no apparent material jeopardy to the public health, safety, and welfare.</subsection><subsection number="58-55-402(4)">
The division shall have no responsibility for the inspection of construction work performed in the state to determine compliance with applicable codes, or industry and workmanship standards, except as provided in Subsections <xref depth="4" refid="C58-1-S501_1800010118000101" refnumber="58-1-501(2)(a)(vii)" start="0">58-1-501(2)(a)(vii)</xref>, <xref depth="4" refid="C58-55-S502_1800010118000101" refnumber="58-55-502(2)" start="0">58-55-502(2)</xref>, <xref depth="4" refid="C58-55-S502_1800010118000101" refnumber="58-55-502(3)" start="0">(3)</xref>, and <xref depth="4" refid="C58-55-S502_1800010118000101" refnumber="58-55-502(4)" start="0">(4)</xref>, and <xref depth="4" refid="C58-55-S501_1800010118000101" refnumber="58-55-501(16)" start="0">58-55-501(16)</xref>.</subsection><subsection number="58-55-402(5)">
Authorized representatives of the division shall be permitted to enter upon the premises or site of work regulated under this chapter for the purpose of determining compliance with the provisions of this chapter.</subsection></section><section number="58-55-402"><effdate>1/1/2027</effdate><histories><history>Repealed and Re-enacted by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Plumber Education Fund.</catchline><subsection number="58-55-402(1)">There is created an expendable special revenue fund known as the Plumber Education Fund.</subsection><subsection number="58-55-402(2)">The fund consists of money from a surcharge, the division establishes in accordance with Section <xref depth="3" refnumber="63J-1-504">63J-1-504</xref>, that the division collects on initial, renewal, and reinstatement licensures for apprentice plumbers, journeyman plumbers, master plumbers, residential journeyman plumbers, and residential master plumbers.</subsection><subsection number="58-55-402(3)"><subsection number="58-55-402(3)(a)">The surcharge may not exceed $5.</subsection><subsection number="58-55-402(3)(b)">The surcharge described in Subsection <xref depth="4" refnumber="58-55-402(3)(a)">(3)(a)</xref> is in addition to the surcharge described in Section <xref depth="3" refnumber="58-55-106">58-55-106</xref>.</subsection></subsection><subsection number="58-55-402(4)"><subsection number="58-55-402(4)(a)">The fund shall earn interest.</subsection><subsection number="58-55-402(4)(b)">The division shall deposit the interest into the fund.</subsection></subsection><subsection number="58-55-402(5)">With the concurrence of the commission, the director may make distributions from the fund for the following purposes:<subsection number="58-55-402(5)(a)">education and training of licensees described in Subsection <xref depth="4" refnumber="58-55-402(2)">(2)</xref>; and</subsection><subsection number="58-55-402(5)(b)">education and training of other individuals licensed under this chapter or the public about plumbing laws and practices.</subsection></subsection><subsection number="58-55-402(6)">If the balance in the fund is more than $100,000 at the end of any fiscal year, the division shall transfer the amount that exceeds $100,000 to the General Fund.</subsection><subsection number="58-55-402(7)">The division shall report annually to the General Government Appropriations Subcommittee on:<subsection number="58-55-402(7)(a)">the balance in the fund; and</subsection><subsection number="58-55-402(7)(b)">fund expenditures.</subsection></subsection></section><section number="58-55-403"><histories><history>Amended by Chapter <modchap sess="2000GS">233</modchap>, 2000 General Session</history><modyear>2000</modyear></histories><catchline>Minimum time for division action.</catchline><tab/>The division has at least five working days after receiving an application for licensure to determine whether to issue a license under this chapter.
</section><section number="58-55-404"><effdate>1/1/2027</effdate><histories><history>Enacted by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Qualifications for licensure.</catchline><subsection number="58-55-404(1)">An applicant for a license under this section shall:<subsection number="58-55-404(1)(a)">submit an application the division approves;</subsection><subsection number="58-55-404(1)(b)">pay the fee the division determines in accordance with Section <xref depth="3" refnumber="63J-1-504">63J-1-504</xref>; and</subsection><subsection number="58-55-404(1)(c)">pass the examination requirements this section and rules the commission makes with the concurrence of the director and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishes.</subsection></subsection><subsection number="58-55-404(2)">A master plumber applicant shall provide satisfactory evidence that the applicant:<subsection number="58-55-404(2)(a)"> has two-years' supervisory experience as a licensed journeyman plumber in accordance with division rule;</subsection><subsection number="58-55-404(2)(b)">has received an associate of applied science degree or similar degree following completion of a course of study the division approves and has one year of supervisory experience as a licensed journeyman plumber in accordance with division rule; or</subsection><subsection number="58-55-404(2)(c)">meets the qualifications for expedited licensure the commission establishes by rule, with the concurrence of the director and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.</subsection></subsection><subsection number="58-55-404(3)">A master residential plumber applicant shall provide satisfactory evidence that the applicant:<subsection number="58-55-404(3)(a)">has two-years' supervisory experience as a licensed residential journeyman plumber in accordance with division rule; or</subsection><subsection number="58-55-404(3)(b)">meets the qualifications for expedited licensure the commission establishes by rule, with the concurrence of the director and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.</subsection></subsection><subsection number="58-55-404(4)">A journeyman plumber applicant shall provide satisfactory evidence that the applicant:<subsection number="58-55-404(4)(a)">completed at least four-years' full-time training and instruction as a licensed apprentice plumber under supervision of a licensed master plumber or journeyman plumber, in accordance with a training program the division approves;</subsection><subsection number="58-55-404(4)(b)">has at least eight-years' full-time experience the division approves in collaboration with the Electricians and Plumbers Licensing Board; or</subsection><subsection number="58-55-404(4)(c)">meets the qualifications for expedited licensure the commission establishes by rule, with the concurrence of the director and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.</subsection></subsection><subsection number="58-55-404(5)">A residential journeyman plumber applicant shall provide satisfactory evidence that the applicant:<subsection number="58-55-404(5)(a)">completed at least three-years' full-time training and instruction as a licensed apprentice plumber under the supervision of a licensed residential master plumber, licensed residential journeyman plumber, or licensed journeyman plumber in accordance with a training program the division approves;</subsection><subsection number="58-55-404(5)(b)">completed at least six-years' full-time experience in a maintenance or repair trade involving substantial plumbing work; or</subsection><subsection number="58-55-404(5)(c)">meets the qualifications for expedited licensure the commission establishes by rule, with the concurrence of the director and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.</subsection></subsection><subsection number="58-55-404(6)"><subsection number="58-55-404(6)(a)">An apprentice plumber applicant shall identify to the division the proposed supervisor of the apprenticeship.</subsection><subsection number="58-55-404(6)(b)">Upon licensure, an apprentice plumber and the apprentice plumber's supervisor shall:<subsection number="58-55-404(6)(b)(i)">ensure the apprentice plumber works under the immediate supervision of a licensed master, journeyman, residential master, or residential journeyman plumber for the initial three-years' training;</subsection><subsection number="58-55-404(6)(b)(ii)">allow the apprentice plumber, beginning in the fourth year of training, to work without supervision for up to eight hours in any 24-hour period; and</subsection><subsection number="58-55-404(6)(b)(iii)">comply with rules the commission makes, with the concurrence of the director, under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the ratio of apprentice plumbers to supervisor.</subsection></subsection></subsection></section><section number="58-55-405"><effdate>1/1/2027</effdate><histories><history>Enacted by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Continuing education requirements for plumbers.</catchline><subsection number="58-55-405(1)">During each two-year license term the division establishes by rule in accordance with Section <xref depth="3" refnumber="58-55-108">58-55-108</xref>, a licensed plumber shall complete 12 hours of continuing education.</subsection><subsection number="58-55-405(2)">The commission shall establish by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, continuing education for licensed plumbers.</subsection><subsection number="58-55-405(3)">The division may contract with a person to establish and maintain a registry of continuing education that includes:<subsection number="58-55-405(3)(a)">an online application for a continuing education course provider to apply to the division for approval of the course as continuing education;</subsection><subsection number="58-55-405(3)(b)">a list of approved continuing education courses; and</subsection><subsection number="58-55-405(3)(c)">a list of courses that:<subsection number="58-55-405(3)(c)(i)">a licensed plumber completes; and</subsection><subsection number="58-55-405(3)(c)(ii)">the licensed plumber may access to monitor compliance with the continuing education requirement.</subsection></subsection></subsection><subsection number="58-55-405(4)">The division may charge a fee the division establishes in accordance with Section <xref depth="3" refnumber="63J-1-504">63J-1-504</xref>, to administer the requirements of this section.</subsection></section></part><part number="58-55-5"><enddate type="SC">1/1/2027</enddate><catchline>Unlawful and Unprofessional Conduct - Penalties</catchline></part><part number="58-55-5"><effdate>1/1/2027</effdate><catchline>Miscellaneous Licenses</catchline><section number="58-55-501"><enddate type="SC">1/1/2027</enddate><histories><history>Amended by Chapter <modchap sess="2020GS">339</modchap>, 2020 General Session</history><modyear>2020</modyear></histories><catchline>Unlawful conduct.</catchline><tab/>Unlawful conduct includes:<subsection number="58-55-501(1)">
engaging in a construction trade, acting as a contractor, an alarm business or company, or an alarm company agent, or representing oneself to be engaged in a construction trade or to be acting as a contractor in a construction trade requiring licensure, unless the person doing any of these is appropriately licensed or exempted from licensure under this chapter;</subsection><subsection number="58-55-501(2)">
acting in a construction trade, as an alarm business or company, or as an alarm company agent beyond the scope of the license held;</subsection><subsection number="58-55-501(3)">
hiring or employing a person who is not licensed under this chapter to perform work on a project, unless the person:
<subsection number="58-55-501(3)(a)">
is an employee of a person licensed under this chapter for wages; and</subsection><subsection number="58-55-501(3)(b)">
is not required to be licensed under this chapter;</subsection></subsection><subsection number="58-55-501(4)">
applying for or obtaining a building permit either for oneself or another when not licensed or exempted from licensure as a contractor under this chapter;</subsection><subsection number="58-55-501(5)">
issuing a building permit to any person for whom there is no evidence of a current license or exemption from licensure as a contractor under this chapter;</subsection><subsection number="58-55-501(6)">
applying for or obtaining a building permit for the benefit of or on behalf of any other person who is required to be licensed under this chapter but who is not licensed or is otherwise not entitled to obtain or receive the benefit of the building permit;</subsection><subsection number="58-55-501(7)">
failing to obtain a building permit when required by law or rule;</subsection><subsection number="58-55-501(8)">
submitting a bid for any work for which a license is required under this chapter by a person not licensed or exempted from licensure as a contractor under this chapter;</subsection><subsection number="58-55-501(9)">
willfully or deliberately misrepresenting or omitting a material fact in connection with an application to obtain or renew a license under this chapter;</subsection><subsection number="58-55-501(10)">
allowing one's license to be used by another except as provided by statute or rule;</subsection><subsection number="58-55-501(11)">
doing business under a name other than the name appearing on the license, except as permitted by statute or rule;</subsection><subsection number="58-55-501(12)">
if licensed as a contractor in the electrical trade or plumbing trade, journeyman plumber, residential journeyman plumber, journeyman electrician, master electrician, or residential electrician, failing to directly supervise an apprentice under one's supervision or exceeding the number of apprentices one is allowed to have under the contractor's supervision;</subsection><subsection number="58-55-501(13)">
if licensed as a contractor or representing oneself to be a contractor, receiving any funds in payment for a specific project from an owner or any other person, which funds are to pay for work performed or materials and services furnished for that specific project, and after receiving the funds to exercise unauthorized control over the funds by failing to pay the full amounts due and payable to persons who performed work or furnished materials or services within a reasonable period of time;</subsection><subsection number="58-55-501(14)">
employing an unlicensed alarm business or company or an unlicensed individual as an alarm company agent, except as permitted under the exemption from licensure provisions under Section <xref depth="3" refnumber="58-1-307" start="0">58-1-307</xref>;</subsection><subsection number="58-55-501(15)">
if licensed as an alarm company or alarm company agent, filing with the division fingerprint cards for an applicant which are not those of the applicant, or are in any other way false or fraudulent and intended to mislead the division in its consideration of the applicant for licensure;</subsection><subsection number="58-55-501(16)">
if licensed under this chapter, willfully or deliberately disregarding or violating:
<subsection number="58-55-501(16)(a)">
the building or construction laws of this state or any political subdivision;</subsection><subsection number="58-55-501(16)(b)">
the safety and labor laws applicable to a project;</subsection><subsection number="58-55-501(16)(c)">
any provision of the health laws applicable to a project;</subsection><subsection number="58-55-501(16)(d)">
the workers' compensation insurance laws of the state applicable to a project;</subsection><subsection number="58-55-501(16)(e)">
the laws governing withholdings for employee state and federal income taxes, unemployment taxes, Social Security payroll taxes, or other required withholdings; or</subsection><subsection number="58-55-501(16)(f)">
reporting, notification, and filing laws of this state or the federal government;</subsection></subsection><subsection number="58-55-501(17)">
engaging in the construction trade or as a contractor for the construction of residences of up to two units when not currently registered or exempt from registration as a qualified beneficiary under <xref depth="1" refnumber="38-11" start="0">Title 38, Chapter 11, Residence Lien Restriction and Lien Recovery Fund Act</xref>;</subsection><subsection number="58-55-501(18)">
failing, as an original contractor, as defined in Section <xref depth="3" refnumber="38-11-102" start="0">38-11-102</xref>, to include in a written contract the notification required in Section <xref depth="3" refnumber="38-11-108" start="0">38-11-108</xref>;</subsection><subsection number="58-55-501(19)">
wrongfully filing a preconstruction or construction lien in violation of Section <xref depth="3" refnumber="38-1a-308" start="0">38-1a-308</xref>;</subsection><subsection number="58-55-501(20)">
if licensed as a contractor, not completing the approved continuing education required under Section <xref depth="3" refnumber="58-55-302.5" start="0">58-55-302.5</xref>;</subsection><subsection number="58-55-501(21)">
an alarm company allowing an employee with a temporary license under Section <xref depth="3" refnumber="58-55-312" start="0">58-55-312</xref> to engage in conduct on behalf of the company outside the scope of the temporary license, as provided in Subsection <xref depth="4" refnumber="58-55-312(3)(a)(ii)" start="0">58-55-312(3)(a)(ii)</xref>;</subsection><subsection number="58-55-501(22)">
an alarm company agent under a temporary license under Section <xref depth="3" refnumber="58-55-312" start="0">58-55-312</xref> engaging in conduct outside the scope of the temporary license, as provided in Subsection <xref depth="4" refnumber="58-55-312(3)(a)(ii)" start="0">58-55-312(3)(a)(ii)</xref>;</subsection><subsection number="58-55-501(23)"><subsection number="58-55-501(23)(a)">
an unincorporated entity licensed under this chapter having an individual who owns an interest in the unincorporated entity engage in a construction trade in Utah while not lawfully present in the United States; or</subsection><subsection number="58-55-501(23)(b)">
an unincorporated entity providing labor to an entity licensed under this chapter by providing an individual who owns an interest in the unincorporated entity to engage in a construction trade in Utah while not lawfully present in the United States;</subsection></subsection><subsection number="58-55-501(24)">
an unincorporated entity failing to provide the following for an individual who engages, or will engage, in a construction trade in Utah for the unincorporated entity, or for an individual who engages, or will engage, in a construction trade in Utah for a separate entity for which the unincorporated entity provides the individual as labor:
<subsection number="58-55-501(24)(a)">
workers' compensation coverage:<subsection number="58-55-501(24)(a)(i)">
to the extent required by <xref depth="1" refnumber="34A-2" start="0">Title 34A, Chapter 2, Workers' Compensation Act</xref>, and <xref depth="1" refnumber="34A-3" start="0">Title 34A, Chapter 3, Utah Occupational Disease Act</xref>; or</subsection><subsection number="58-55-501(24)(a)(ii)">
that would be required under the chapters listed in Subsection <xref depth="4" refnumber="58-55-501(24)(a)(i)" start="0">(24)(a)(i)</xref> if the unincorporated entity were licensed under this chapter; and</subsection></subsection><subsection number="58-55-501(24)(b)">
unemployment compensation in accordance with <xref depth="1" refnumber="35A-4" start="0">Title 35A, Chapter 4, Employment Security Act</xref>, for an individual who owns, directly or indirectly, less than an 8% interest in the unincorporated entity, as defined by rule made by the division in accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>;</subsection></subsection><subsection number="58-55-501(25)">
the failure of a sign installation contractor or nonelectrical outdoor advertising sign contractor, as classified and defined in division rules, to:
<subsection number="58-55-501(25)(a)">
display the contractor's license number prominently on a vehicle that:<subsection number="58-55-501(25)(a)(i)">
the contractor uses; and</subsection><subsection number="58-55-501(25)(a)(ii)">
displays the contractor's business name; or</subsection></subsection><subsection number="58-55-501(25)(b)">
carry a copy of the contractor's license in any other vehicle that the contractor uses at a job site, whether or not the vehicle is owned by the contractor;</subsection></subsection><subsection number="58-55-501(26)"><subsection number="58-55-501(26)(a)">
an unincorporated entity licensed under this chapter having an individual who owns an interest in the unincorporated entity engage in a construction trade in the state while the individual is using a Social Security number that does not belong to that individual; or</subsection><subsection number="58-55-501(26)(b)">
an unincorporated entity providing labor to an entity licensed under this chapter by providing an individual, who owns an interest in the unincorporated entity, to engage in a construction trade in the state while the individual is using a Social Security number that does not belong to that individual;</subsection></subsection><subsection number="58-55-501(27)">
a contractor failing to comply with a requirement imposed by a political subdivision, state agency, or board of education under Section <xref depth="3" refnumber="58-55-310" start="0">58-55-310</xref>; or</subsection><subsection number="58-55-501(28)">
failing to timely comply with the requirements described in Section <xref depth="3" refnumber="58-55-605" start="0">58-55-605</xref>.</subsection></section><section number="58-55-501"><effdate>1/1/2027</effdate><histories><history>Repealed and Re-enacted by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Definitions.</catchline>As used in this part:<subsection number="58-55-501(1)">"Automatic fire sprinkler system" means a fire suppression system designed to detect and automatically discharge an agent, a foam, or water over a fire.</subsection><subsection number="58-55-501(2)">"Commercial construction project" means a construction, alteration, repair, demolition, or excavation project that does not involve:<subsection number="58-55-501(2)(a)">single-family detached housing;</subsection><subsection number="58-55-501(2)(b)">multi-family attached housing up to and including a fourplex; or</subsection><subsection number="58-55-501(2)(c)">construction of a non-residential project that is fewer than two stories above ground.</subsection></subsection><subsection number="58-55-501(3)"><subsection number="58-55-501(3)(a)">"Crane" means a power-operated hoisting machine used in construction, demolition, or excavation work that has a power-operated winch, load-line, and boom moving laterally by the rotation of the machine on a carrier.</subsection><subsection number="58-55-501(3)(b)">"Crane" does not include a fork lift, a digger derrick truck, an aircraft, a bucket truck, a knuckle boom, a side boom, or a mechanic's truck.</subsection></subsection><subsection number="58-55-501(4)">"Crane operator" means an individual who operates a crane.</subsection><subsection number="58-55-501(5)"><subsection number="58-55-501(5)(a)">"Elevator" means the same as that term is defined in Section <xref depth="3" refnumber="34A-7-202">34A-7-202</xref>;</subsection><subsection number="58-55-501(5)(b)">"Elevator" does not include:<subsection number="58-55-501(5)(b)(i)">a stair chair;</subsection><subsection number="58-55-501(5)(b)(ii)">an incline platform lift; or</subsection><subsection number="58-55-501(5)(b)(iii)">a vertical platform lift.</subsection></subsection></subsection><subsection number="58-55-501(6)">"Elevator mechanic" means an individual who erects, constructs, installs, alters, services, repairs, or maintains an elevator under the immediate supervision of an elevator contractor.</subsection><subsection number="58-55-501(7)">"Elevator work" means constructing, maintaining, servicing, or repairing an elevator.</subsection><subsection number="58-55-501(8)">"Fire sprinkler contractor" means a contractor that installs, repairs, maintains, or replaces an automatic fire sprinkler system.</subsection><subsection number="58-55-501(9)">"Gas corporation" means the same as that term is defined in Section <xref depth="3" refnumber="54-2-1">54-2-1</xref>.</subsection><subsection number="58-55-501(10)">"Minimum system" means the minimum natural gas facilities necessary to serve each intended consumer, as determined by a gas corporation.</subsection><subsection number="58-55-501(11)"><subsection number="58-55-501(11)(a)">"Natural gas facility" means:<subsection number="58-55-501(11)(a)(i)">one or more natural gas mains;</subsection><subsection number="58-55-501(11)(a)(ii)">one or more natural gas service lines; or</subsection><subsection number="58-55-501(11)(a)(iii)">a combination of Subsections <xref depth="4" refnumber="58-55-501(11)(a)(i)">(11)(a)(i)</xref> and <xref depth="4" refnumber="58-55-501(ii)">(ii)</xref>.</subsection></subsection><subsection number="58-55-501(11)(b)">"Natural gas facility" includes any necessary appurtenant facilities.</subsection></subsection><subsection number="58-55-501(12)"><subsection number="58-55-501(12)(a)">"Natural gas main" means a natural gas distribution pipeline that delivers natural gas to another natural gas distribution supply line or to a natural gas service line.</subsection><subsection number="58-55-501(12)(b)">"Natural gas main" does not include a natural gas service line.</subsection></subsection><subsection number="58-55-501(13)">"Natural gas service line" means a natural gas pipeline that carries natural gas from a natural gas main to a meter for use by the final consumer.</subsection><subsection number="58-55-501(14)">"Natural gas tariff specifications" means the standards and specifications:<subsection number="58-55-501(14)(a)">for the construction of natural gas facilities; and</subsection><subsection number="58-55-501(14)(b)">that are:<subsection number="58-55-501(14)(b)(i)">established by a gas corporation; and</subsection><subsection number="58-55-501(14)(b)(ii)">included in the gas corporation's tariff that is approved by the Public Service Commission.</subsection></subsection></subsection><subsection number="58-55-501(15)">"Qualifying installer" means a person that:<subsection number="58-55-501(15)(a)">a gas corporation approves to install natural gas facilities; and</subsection><subsection number="58-55-501(15)(b)">is licensed in accordance with Section <xref depth="3" refnumber="58-55-503">58-55-503</xref>.</subsection></subsection></section><section number="58-55-502"><enddate type="SC">1/1/2027</enddate><histories><history>Amended by Chapter <modchap sess="2026GS">198</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Unprofessional conduct.</catchline><tab/>Unprofessional conduct includes:<subsection number="58-55-502(1)">failing to establish, maintain, or demonstrate financial responsibility while licensed as a contractor under this chapter;</subsection><subsection number="58-55-502(2)">disregarding or violating through gross negligence or a pattern of negligence:<subsection number="58-55-502(2)(a)">the building or construction laws of this state or any political subdivision;</subsection><subsection number="58-55-502(2)(b)">the safety and labor laws applicable to a project;</subsection><subsection number="58-55-502(2)(c)">any provision of the health laws applicable to a project;</subsection><subsection number="58-55-502(2)(d)">the workers' compensation insurance laws of this state applicable to a project;</subsection><subsection number="58-55-502(2)(e)">the laws governing withholdings for employee state and federal income taxes, unemployment taxes, Social Security payroll taxes, or other required withholdings; or</subsection><subsection number="58-55-502(2)(f)">any reporting, notification, and filing laws of this state or the federal government;</subsection></subsection><subsection number="58-55-502(3)">any willful, fraudulent, or deceitful act by a licensee, caused by a licensee, or at a licensee's direction which causes material injury to another;</subsection><subsection number="58-55-502(4)">contract violations that pose a threat or potential threat to the public health, safety, and welfare including:<subsection number="58-55-502(4)(a)">willful, deliberate, or grossly negligent departure from or disregard for plans or specifications, or abandonment or failure to complete a project without the consent of the owner or the owner's duly authorized representative or the consent of any other person entitled to have the particular project completed in accordance with the plans, specifications, and contract terms;</subsection><subsection number="58-55-502(4)(b)">failure to deposit funds to the benefit of an employee as required under any written contractual obligation the licensee has to the employee;</subsection><subsection number="58-55-502(4)(c)">failure to maintain in full force and effect any health insurance benefit to an employee that was extended as a part of any written contractual obligation or representation by the licensee, unless the employee is given written notice of the licensee's intent to cancel or reduce the insurance benefit at least 45 days before the effective date of the cancellation or reduction;</subsection><subsection number="58-55-502(4)(d)">failure to reimburse the Residence Lien Recovery Fund as required by Section <xref depth="3" refnumber="38-11-207" start="0">38-11-207</xref>;</subsection><subsection number="58-55-502(4)(e)">failure to provide, when applicable, the information required by Section <xref depth="3" refnumber="38-11-108" start="0">38-11-108</xref>; and</subsection><subsection number="58-55-502(4)(f)">willfully or deliberately misrepresenting or omitting a material fact in connection with an application to claim recovery from the Residence Lien Recovery Fund under Section <xref depth="3" refnumber="38-11-204" start="0">38-11-204</xref>;</subsection></subsection><subsection number="58-55-502(5)">failing as an alarm company to notify the division of the cessation of performance of the alarm company's qualifying agent, or failing to replace the alarm company's qualifying agent as required under Section <xref depth="3" refnumber="58-55-304" start="0">58-55-304</xref>;</subsection><subsection number="58-55-502(6)">failing as an alarm company agent to carry or display a copy of the licensee's license as required under Section <xref depth="3" refnumber="58-55-311" start="0">58-55-311</xref>;</subsection><subsection number="58-55-502(7)">failing to comply with operating standards established by rule in accordance with Section <xref depth="3" refnumber="58-55-308" start="0">58-55-308</xref>;</subsection><subsection number="58-55-502(8)">an unincorporated entity licensed under this chapter having an individual who owns an interest in the unincorporated entity engage in a construction trade in Utah while not lawfully present in the United States;</subsection><subsection number="58-55-502(9)">an unincorporated entity failing to provide the following for an individual who engages, or will engage, in a construction trade in Utah for the unincorporated entity:<subsection number="58-55-502(9)(a)">workers' compensation coverage to the extent required by <xref depth="1" refnumber="34A-2" start="0">Title 34A, Chapter 2, Workers' Compensation Act</xref>, and <xref depth="1" refnumber="34A-3" start="0">Title 34A, Chapter 3, Utah Occupational Disease Act</xref>; and</subsection><subsection number="58-55-502(9)(b)">unemployment compensation in accordance with <xref depth="1" refnumber="35A-4" start="0">Title 35A, Chapter 4, Employment Security Act</xref>, for an individual who owns, directly or indirectly, less than an 8% interest in the unincorporated entity, as defined by rule made by the division in accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>;</subsection></subsection><subsection number="58-55-502(10)">the failure of an alarm company or alarm company agent to inform a potential customer, before the customer's purchase of an alarm system or alarm service from the alarm company, of the policy of the county, city, or town within which the customer resides relating to priority levels for responding to an alarm signal transmitted by the alarm system that the alarm company provides the customer;</subsection><subsection number="58-55-502(11)">failing to continuously maintain insurance and registration as required under Subsection <xref depth="4" refnumber="58-55-302(2)" start="0">58-55-302(2)</xref>; or</subsection><subsection number="58-55-502(12)">failing to comply with Section <xref depth="3" refnumber="58-55-313">58-55-313</xref>.</subsection></section><section number="58-55-502"><effdate>1/1/2027</effdate><histories><history>Repealed and Re-enacted by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>General p<highlight sid="7396"/>rovisions.</catchline><subsection number="58-55-502(1)"><subsection number="58-55-502(1)(a)">The commission, with the concurrence of the director, may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:<subsection number="58-55-502(1)(a)(i)">define and limit the scope of practice for licenses issued under this part; and</subsection><subsection number="58-55-502(1)(a)(ii)">establish operating standards consistent with practices in the relevant industry.</subsection></subsection><subsection number="58-55-502(1)(b)">The commission, with the concurrence of the director, may limit the field and scope of operations of a licensee under this chapter based on:<subsection number="58-55-502(1)(b)(i)">rules the commission makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and</subsection><subsection number="58-55-502(1)(b)(ii)">considerations of the public health, safety, and welfare, including the licensees' education, training, experience, knowledge, and financial responsibility in accordance with Section <xref depth="3" refnumber="58-55-205">58-55-205</xref>.</subsection></subsection></subsection><subsection number="58-55-502(2)">This part does not prohibit a specialty contractor as defined in Section <xref depth="3" refnumber="58-55-202">58-55-202</xref>, that is licensed in accordance with Part 2, Contractors, from entering into a contract involving two or more construction trades if the contracted construction trade is incidental to the construction trade for which the contractor is licensed.</subsection></section><section number="58-55-503"><enddate type="SC">1/1/2027</enddate><histories><history>Amended by Chapter <modchap sess="2024GS">226</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Penalty for unlawful conduct -- Citations.</catchline><subsection number="58-55-503(1)">As used in this section:<subsection number="58-55-503(1)(a)">"Person" means, in reference to Subsection <xref depth="4" refnumber="58-55-504(2)">58-55-504(2)</xref>, an individual, and does not include a sole proprietorship, joint venture, corporation, limited liability company, association, or organization of any type.</subsection><subsection number="58-55-503(1)(b)">"Qualifying violation" means a violation under:<subsection number="58-55-503(1)(b)(i)">Subsection <xref depth="4" refnumber="58-55-308(2)">58-55-308(2)</xref>;</subsection><subsection number="58-55-503(1)(b)(ii)">Subsections <xref depth="4" refnumber="58-55-501(1)">58-55-501(1)</xref> through (3), (7), (9), (10), (12), (14), (16)(e), (18), or (20) through (28);</subsection><subsection number="58-55-503(1)(b)(iii)">Subsection <xref depth="4" refnumber="58-55-502(4)(a)">58-55-502(4)(a)</xref> or (11); or</subsection><subsection number="58-55-503(1)(b)(iv)">Subsection <xref depth="4" refnumber="58-55-504(2)">58-55-504(2)</xref>.</subsection></subsection></subsection><subsection number="58-55-503(2)"><subsection number="58-55-503(2)(a)">A person who violates Subsection <xref depth="4" refnumber="58-55-501(1)">58-55-501(1)</xref> through (7), (9), (10), (12), (14), (15), (16)(e), or (21) through (28), Subsection <xref depth="4" refnumber="58-55-308(2)">58-55-308(2)</xref>, or Subsection <xref depth="4" refnumber="58-55-504(2)">58-55-504(2)</xref>, or who fails to comply with a citation issued under this section after the citation is final, is guilty of a class A misdemeanor.</subsection><subsection number="58-55-503(2)(b)">A person who violates the provisions of Subsection <xref depth="4" refnumber="58-55-501(8)">58-55-501(8)</xref> may not be awarded and may not accept a contract for the performance of the work.</subsection></subsection><subsection number="58-55-503(3)">A person who violates Subsection <xref depth="4" refnumber="58-55-501(13)">58-55-501(13)</xref> is guilty of:<subsection number="58-55-503(3)(a)">an infraction; or</subsection><subsection number="58-55-503(3)(b)">if the violator did so with the intent to deprive the person to whom money is to be paid of the money received, of theft under Section <xref depth="3" refnumber="76-6-404">76-6-404</xref>.</subsection></subsection><subsection number="58-55-503(4)">Grounds for immediate suspension of a licensee's license by the division and the commission include:<subsection number="58-55-503(4)(a)">the issuance of a citation for violation of Subsection <xref depth="4" refnumber="58-55-308(2)">58-55-308(2)</xref>, Section <xref depth="3" refnumber="58-55-501">58-55-501</xref>, or Subsection <xref depth="4" refnumber="58-55-504(2)">58-55-504(2)</xref>; and</subsection><subsection number="58-55-503(4)(b)">the failure by a licensee to make application to, report to, or notify the division with respect to any matter for which application, notification, or reporting is required under this chapter or rules adopted under this chapter, including:<subsection number="58-55-503(4)(b)(i)">applying to the division for a new license to engage in a new specialty classification or to do business under a new form of organization or business structure;</subsection><subsection number="58-55-503(4)(b)(ii)">filing a current financial statement with the division; and</subsection><subsection number="58-55-503(4)(b)(iii)">notifying the division concerning loss of insurance coverage or change in qualifier.</subsection></subsection></subsection><subsection number="58-55-503(5)"><subsection number="58-55-503(5)(a)"><subsection number="58-55-503(5)(a)(i)">If upon inspection or investigation, the division concludes that a person has committed a qualifying violation or violated any rule or order issued with respect to a qualifying violation, and that disciplinary action is appropriate, the director or the director's designee from within the division shall:<subsection number="58-55-503(5)(a)(i)(A)">promptly issue a citation to the person according to this chapter and any pertinent rules;</subsection><subsection number="58-55-503(5)(a)(i)(B)">attempt to negotiate a stipulated settlement; or</subsection><subsection number="58-55-503(5)(a)(i)(C)">notify the person to appear before an adjudicative proceeding conducted under Title 63G, Chapter 4, Administrative Procedures Act.</subsection></subsection><subsection number="58-55-503(5)(a)(ii)">A person who committed a qualifying violation, as evidenced by an uncontested citation, a stipulated settlement, or by a finding of violation in an adjudicative proceeding, may be assessed a fine and may, in addition to or in lieu of, be ordered to cease and desist from engaging in the qualifying violation.</subsection><subsection number="58-55-503(5)(a)(iii)">Except for a cease and desist order, the licensure sanctions cited in Section <xref depth="3" refnumber="58-55-401">58-55-401</xref> may not be assessed through a citation.</subsection></subsection><subsection number="58-55-503(5)(b)">A citation shall:<subsection number="58-55-503(5)(b)(i)">be in writing and describe with particularity the nature of the violation, including a reference to the provision of the chapter, rule, or order alleged to have been violated;</subsection><subsection number="58-55-503(5)(b)(ii)">clearly state that the recipient must notify the division in writing within 20 calendar days after the day on which the citation is served if the recipient wishes to contest the citation at a hearing conducted under Title 63G, Chapter 4, Administrative Procedures Act; and</subsection><subsection number="58-55-503(5)(b)(iii)">clearly explain the consequences of failure to timely contest the citation or to make payment of any fines assessed by the citation within the time specified in the citation.</subsection></subsection><subsection number="58-55-503(5)(c)">A citation issued under this section, or a copy of a citation, may be served upon a person upon whom a summons may be served:<subsection number="58-55-503(5)(c)(i)">in accordance with the Utah Rules of Civil Procedure;</subsection><subsection number="58-55-503(5)(c)(ii)">personally or upon the person's agent by a division investigator or by a person specially designated by the director; or</subsection><subsection number="58-55-503(5)(c)(iii)">by mail.</subsection></subsection><subsection number="58-55-503(5)(d)"><subsection number="58-55-503(5)(d)(i)">If within 20 calendar days after the day on which a citation is served, the person to whom the citation was issued fails to request a hearing to contest the citation, the citation becomes the final order of the division and is not subject to further agency review.</subsection><subsection number="58-55-503(5)(d)(ii)">The period to contest a citation may be extended by the division for cause.</subsection></subsection><subsection number="58-55-503(5)(e)">The division may refuse to issue or renew, suspend, revoke, or place on probation the license of a licensee who fails to comply with a citation after the citation becomes final.</subsection><subsection number="58-55-503(5)(f)">The failure of an applicant for licensure to comply with a citation after the citation becomes final is a ground for denial of license.</subsection><subsection number="58-55-503(5)(g)">A citation may not be issued under this section after the expiration of one year after the date on which the violation that is the subject of the citation is reported to the division.</subsection><subsection number="58-55-503(5)(h)"><subsection number="58-55-503(5)(h)(i)">Except as provided in Subsections (5)(h)(ii) and (6), the director or the director's designee shall assess a fine in accordance with the following:<subsection number="58-55-503(5)(h)(i)(A)">for a first offense handled under Subsection (5)(a), a fine of up to $1,000;</subsection><subsection number="58-55-503(5)(h)(i)(B)">for a second offense handled under Subsection (5)(a), a fine of up to $2,000; and</subsection><subsection number="58-55-503(5)(h)(i)(C)">for any subsequent offense handled under Subsection (5)(a), a fine of up to $2,000 for each day of continued offense.</subsection></subsection><subsection number="58-55-503(5)(h)(ii)">Except as provided in Subsection (6), if a person violates Subsection <xref depth="4" refnumber="58-55-501(16)(e)">58-55-501(16)(e)</xref> or (28), the director or the director's designee shall assess a fine in accordance with the following:<subsection number="58-55-503(5)(h)(ii)(A)">for a first offense handled under Subsection (5)(a), a fine of up to $2,000;</subsection><subsection number="58-55-503(5)(h)(ii)(B)">for a second offense handled under Subsection (5)(a), a fine of up to $4,000; and</subsection><subsection number="58-55-503(5)(h)(ii)(C)">for any subsequent offense handled under Subsection (5)(a),  a fine of up to $4,000 for each day of continued offense.</subsection></subsection></subsection><subsection number="58-55-503(5)(i)"><subsection number="58-55-503(5)(i)(i)">For purposes of issuing a final order under this section and assessing a fine under Subsection (5)(h), an offense constitutes a second or subsequent offense if:<subsection number="58-55-503(5)(i)(i)(A)">the division previously issued a final order determining that a person committed a first or second qualifying violation; or</subsection><subsection number="58-55-503(5)(i)(i)(B)"><subsection number="58-55-503(5)(i)(i)(B)(I)">the division initiated an action for a first or second offense;</subsection><subsection number="58-55-503(5)(i)(i)(B)(II)">a final order has not been issued by the division in the action initiated under Subsection (5)(i)(i)(B)(I);</subsection><subsection number="58-55-503(5)(i)(i)(B)(III)">the division determines during an investigation that occurred after the initiation of the action under Subsection (5)(i)(i)(B)(I) that the person committed a second or subsequent  qualifying violation; and</subsection><subsection number="58-55-503(5)(i)(i)(B)(IV)">after determining that the person committed a second or subsequent qualifying violation under Subsection (5)(i)(i)(B)(III), the division issues a final order on the action initiated under Subsection (5)(i)(i)(B)(I).</subsection></subsection></subsection><subsection number="58-55-503(5)(i)(ii)">In issuing a final order for a second or subsequent offense under Subsection (5)(i)(i), the division shall comply with the requirements of this section.</subsection></subsection><subsection number="58-55-503(5)(j)">In addition to any other licensure sanction or fine imposed under this section, the division shall revoke the license of a licensee that violates Subsection <xref depth="4" refnumber="58-55-501(23)">58-55-501(23)</xref> or (24) two or more times within a 12-month period, unless, with respect to a violation of Subsection <xref depth="4" refnumber="58-55-501(23)">58-55-501(23)</xref>, the licensee can demonstrate that the licensee successfully verified the federal legal working status of the individual who was the subject of the violation using a status verification system, as defined in Section <xref depth="3" refnumber="13-47-102">13-47-102</xref>.</subsection><subsection number="58-55-503(5)(k)">For purposes of this Subsection (4), a violation of Subsection <xref depth="4" refnumber="58-55-501(23)">58-55-501(23)</xref> or (24) for each individual is considered a separate violation.</subsection></subsection><subsection number="58-55-503(6)">If a person violates Section <xref depth="3" refnumber="58-55-501">58-55-501</xref>, the division may not treat the violation as a subsequent violation of a previous violation if the violation occurs five years or more after the day on which the person committed the previous violation.</subsection><subsection number="58-55-503(7)">If, after an investigation, the division determines that a person has committed multiple of the same type of violation of Section <xref depth="3" refnumber="58-55-501">58-55-501</xref>, the division may treat each violation as a separate violation of Section <xref depth="3" refnumber="58-55-501">58-55-501</xref> and apply a penalty under this section to each violation.</subsection><subsection number="58-55-503(8)"><subsection number="58-55-503(8)(a)">A penalty imposed by the director under Subsection (5) shall be deposited into the Commerce Service Account created by Section <xref depth="3" refnumber="13-1-2">13-1-2</xref>.</subsection><subsection number="58-55-503(8)(b)">A penalty that is not paid may be collected by the director by either referring the matter to a collection agency or bringing an action in the district court of the county in which the person against whom the penalty is imposed resides or in the county where the office of the director is located.</subsection><subsection number="58-55-503(8)(c)">A county attorney or the attorney general of the state shall provide legal assistance and advice to the director in an action to collect a penalty.</subsection><subsection number="58-55-503(8)(d)">In an action brought to collect a penalty, the court shall award reasonable attorney fees and costs to the prevailing party.</subsection></subsection></section><section number="58-55-503"><effdate>1/1/2027</effdate><histories><history>Repealed and Re-enacted by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Gas appliances and combustion systems.</catchline><subsection number="58-55-503(1)"><subsection number="58-55-503(1)(a)">This section applies to:<subsection number="58-55-503(1)(a)(i)">an individual whose license authorizes the installation, repair, maintenance, cleaning, or replacement of a residential or a commercial gas appliance or a combustion system; and</subsection><subsection number="58-55-503(1)(a)(ii)">a person exempt from licensure under Section <xref depth="3" refnumber="58-55-110">58-55-110</xref>.</subsection></subsection><subsection number="58-55-503(1)(b)">A person described in Subsection <xref depth="4" refnumber="58-55-503(1)(a)">(1)(a)</xref> shall:<subsection number="58-55-503(1)(b)(i)">first receive training and certification in accordance with rules the commission makes with the concurrence of the director and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and</subsection><subsection number="58-55-503(1)(b)(ii)">ensure that an employee performing work described in Subsection <xref depth="4" refnumber="58-55-503(1)(a)(i)">(1)(a)(i)</xref> first receives training and certification as the division requires by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.</subsection></subsection></subsection><subsection number="58-55-503(2)">The division may exempt an individual from the training requirements described in Subsection <xref depth="4" refnumber="58-55-503(1)(b)">(1)(b)</xref> if the division determines the individual has adequate experience.</subsection><subsection number="58-55-503(3)">The division may exempt an individual from the certification requirements described in Subsection <xref depth="4" refnumber="58-55-503(1)(b)">(1)(b)</xref> who:<subsection number="58-55-503(3)(a)"><subsection number="58-55-503(3)(a)(i)">passes a test equivalent to the level of testing the division requires for certification; or</subsection><subsection number="58-55-503(3)(a)(ii)">completes an apprenticeship program that teaches the installation of gas line appliances and is approved by the Federal Bureau of Apprenticeship Training; and</subsection></subsection><subsection number="58-55-503(3)(b)">works under the immediate one-to-one supervision of a certified natural gas technician or a person exempt from certification.</subsection></subsection></section><section number="58-55-504"><enddate type="SC">1/1/2027</enddate><histories><history>Amended by Chapter <modchap sess="2007GS">98</modchap>, 2007 General Session</history><modyear>2007</modyear></histories><catchline>Crane operators -- Required certification -- Penalty for violation.</catchline><subsection number="58-55-504(1)">
As used in this section:
<subsection number="58-55-504(1)(a)">
"Commercial construction projects" means construction, alteration, repair, demolition, or excavation projects that do not involve:<subsection number="58-55-504(1)(a)(i)">
single family detached housing;</subsection><subsection number="58-55-504(1)(a)(ii)">
multifamily attached housing up to and including a fourplex; or</subsection><subsection number="58-55-504(1)(a)(iii)">
commercial construction of not more than two stories above ground.</subsection></subsection><subsection number="58-55-504(1)(b)"><subsection number="58-55-504(1)(b)(i)">
"Crane operator" means an individual engaged in operating a crane, which for purposes of this section is a power-operated hoisting machine used in construction, demolition, or excavation work that has a power-operated winch, load-line, and boom moving laterally by the rotation of the machine on a carrier.</subsection><subsection number="58-55-504(1)(b)(ii)">
It does not include operating a fork lift, digger derrick truck, aircraft, bucket truck, knuckle boom, side boom, mechanic's truck, or a vehicle or machine not using a power-operated winch and load-line.</subsection></subsection></subsection><subsection number="58-55-504(2)"><subsection number="58-55-504(2)(a)">
In order to operate a crane on commercial construction projects, an individual shall be certified as a crane operator by the National Commission for the Certification of Crane Operators or any other organization determined by the division to offer an equivalent testing and certification program that meets the requirements of the American Society of Mechanical Engineers ASME B 30.5 and the accreditation requirements of the National Commission for Certifying Agencies.</subsection><subsection number="58-55-504(2)(b)">
An individual who violates Subsection <xref depth="4" refid="C58-55-S504_1800010118000101" refnumber="58-55-504(2)(a)" start="0">(2)(a)</xref> is guilty of a class A misdemeanor.</subsection></subsection><subsection number="58-55-504(3)">
An individual engaged in construction or operation incidental to petroleum refining or electrical utility construction or maintenance is exempt from the crane operator certification requirement of Subsection <xref depth="4" refid="C58-55-S504_1800010118000101" refnumber="58-55-504(2)(a)" start="0">(2)(a)</xref>.</subsection></section><section number="58-55-504"><effdate>1/1/2027</effdate><histories><history>Amended by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Crane operators.</catchline><subsection number="58-55-504(1)">To operate a crane on a commercial construction project, an individual shall obtain certification as a crane operator from:<subsection number="58-55-504(1)(a)">the National Commission for the Certification of Crane Operators; or</subsection><subsection number="58-55-504(1)(b)">another organization the division determines offers an equivalent testing and certification program that complies with:<subsection number="58-55-504(1)(b)(i)">the requirements of the American Society of Mechanical Engineers ASME B30.5; and</subsection><subsection number="58-55-504(1)(b)(ii)">the accreditation requirements of the National Commission for Certifying Agencies.</subsection></subsection></subsection><subsection number="58-55-504(2)">An individual engaged in construction or operation incidental to petroleum refining, or to electrical utility construction or maintenance, is exempt from the certification requirement.</subsection></section><section number="58-55-505"><effdate>1/1/2027</effdate><histories><history>Enacted by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Automatic fire sprinkler contractor.</catchline><subsection number="58-55-505(1)">A fire sprinkler contractor shall have a qualifier that meets the requirements described in Section <xref depth="3" refnumber="58-55-107">58-55-107</xref> and in Subsection <xref tempid="388">(2)</xref>.</subsection><subsection number="58-55-505(2)">The qualifier for a fire sprinkler contractor shall:<subsection number="58-55-505(2)(a)">be a qualifier for a licensed general building contractor; or</subsection><subsection number="58-55-505(2)(b)">submit evidence to the division of:<subsection number="58-55-505(2)(b)(i)">completing a United States Department of Labor federally approved apprentice training program, or two-years' experience supervised by a certified fire sprinkler contractor;</subsection><subsection number="58-55-505(2)(b)(ii)">passing the STAR Fire Sprinklerfitting Mastery Examination offered by the National Inspection Testing and Certification Corporation or an equivalent examination the division approves; or</subsection><subsection number="58-55-505(2)(b)(iii)">demonstrating to the division the equivalent training and experience, as the division determines by rules made with the director's concurrence and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.</subsection></subsection></subsection></section><section number="58-55-506"><effdate>1/1/2027</effdate><histories><history>Enacted by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Elevator mechanic qualifications for licensure.</catchline><subsection number="58-55-506(1)">An applicant for licensure as an elevator mechanic shall:<subsection number="58-55-506(1)(a)">provide documentation showing at least three-years' work experience in the elevator industry, in construction, maintenance, or service and repair;</subsection><subsection number="58-55-506(1)(b)">pass a written examination that the division administers by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or</subsection><subsection number="58-55-506(1)(c)">provide a certificate of completion from an elevator mechanic apprenticeship program that:<subsection number="58-55-506(1)(c)(i)">meets standards substantially equal to those in this chapter; and</subsection><subsection number="58-55-506(1)(c)(ii)">is registered with the United States Department of Labor Bureau of Apprenticeship and Training or a state apprenticeship council.</subsection></subsection></subsection><subsection number="58-55-506(2)"><subsection number="58-55-506(2)(a)">If a licensed elevator contractor cannot find a licensed elevator mechanic to perform elevator work, the contractor shall notify the division about the shortage of licensed personnel.</subsection><subsection number="58-55-506(2)(b)">A licensed elevator contractor shall request that the division issue a temporary elevator mechanic license to an individual whom the contractor certifies has an acceptable combination of documented experience and education to perform elevator work.</subsection><subsection number="58-55-506(2)(c)">If a licensed elevator contractor requests a temporary elevator mechanic license under Subsection <xref depth="4" refnumber="58-55-506(2)(b)">(2)(b)</xref>, the division may issue the temporary license to the individual the licensed elevator contractor certifies if the individual:<subsection number="58-55-506(2)(c)(i)">applies to the division; and</subsection><subsection number="58-55-506(2)(c)(ii)">pays the fee the division determines in accordance with Section <xref depth="3" refnumber="63J-1-504">63J-1-504</xref>.</subsection></subsection><subsection number="58-55-506(2)(d)">The division shall specify the time period for which the temporary license is valid.</subsection><subsection number="58-55-506(2)(e)">The division may renew a temporary elevator mechanic license if the division determines that a shortage of licensed elevator mechanics continues.</subsection></subsection></section><section number="58-55-507"><effdate>1/1/2027</effdate><histories><history>Enacted by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Elevator mechanic continuing education requirements.<highlight sid="77750"/></catchline><subsection number="58-55-507(1)">During each two-year license term the division establishes by rule in accordance with Section <xref depth="3" refnumber="58-55-108">58-55-108</xref>, a licensed elevator mechanic shall complete eight hours of continuing education.</subsection><subsection number="58-55-507(2)">The commission shall establish by rule made in accordance with Title <xref depth="1" refnumber="63G-3">63G, Chapter 3</xref>, Utah Administrative Rulemaking Act, continuing education for licensed elevator mechanics.</subsection><subsection number="58-55-507(3)">The division may contract with a person to establish and maintain a registry of continuing education that includes:<subsection number="58-55-507(3)(a)">a list of approved continuing education; and</subsection><subsection number="58-55-507(3)(b)">a list of courses that:<subsection number="58-55-507(3)(b)(i)">a licensed elevator mechanic completes; and</subsection><subsection number="58-55-507(3)(b)(ii)">the licensed elevator mechanic may access to monitor compliance with the continuing education requirement.</subsection></subsection></subsection><subsection number="58-55-507(4)">The division may charge a fee the division establishes in accordance with Section <xref depth="3" refnumber="63J-1-504">63J-1-504</xref>, to administer this section.</subsection></section><section number="58-55-508"><effdate>1/1/2027</effdate><histories><history>Enacted by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Qualifying installer -- Natural gas facilities.</catchline><subsection number="58-55-508(1)"><subsection number="58-55-508(1)(a)">Except as provided in Subsections <xref depth="4" refnumber="58-55-508(1)(b)">(1)(b)</xref> and <xref depth="4" refnumber="58-55-508(c)">(c)</xref>, a qualifying installer shall pay the costs to install natural gas facilities.</subsection><subsection number="58-55-508(1)(b)">A gas corporation shall pay the engineering, inspecting, mapping, and locating costs of natural gas facilities that a qualifying installer installs.</subsection><subsection number="58-55-508(1)(c)">If a gas corporation requires a qualifying installer to install natural gas facilities that are greater than the minimum system, the gas corporation shall pay the difference in cost between the required natural gas facilities and the minimum system.</subsection></subsection><subsection number="58-55-508(2)">A gas corporation shall verify through inspection and testing that natural gas facilities that a qualifying installer installs comply with applicable federal, state, and local law and natural gas tariff specifications.</subsection><subsection number="58-55-508(3)">A gas corporation is not required to supply natural gas to or accept ownership of natural gas facilities until the gas corporation completes any necessary inspection to verify that the natural gas facilities are installed and tested in compliance with applicable federal, state, and local law and natural gas tariff specifications.</subsection></section></part><part number="58-55-6"><enddate type="SC">1/1/2027</enddate><catchline>Payment Provisions</catchline></part><part number="58-55-6"><effdate>1/1/2027</effdate><catchline>Unlawful And Unprofessional Conduct</catchline><section number="58-55-601"><enddate type="SC">1/1/2027</enddate><histories><history>Amended by Chapter <modchap sess="2025GS">302</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Payment -- Account designated.</catchline><tab/>When making any payment to a materialman, supplier, contractor, or subcontractor with whom a contractor has a running account, or with whom the contractor has more than one contract, or to whom the contractor is otherwise indebted, the contractor shall designate the contract under which the payment is made or the items of account to which it is to be applied.  When a payment for materials or labor is made to a subcontractor or materialman, the subcontractor or materialman shall demand of the person making the payment a designation of the account and the items of account to which the payment is to apply.  In cases where a lien is claimed for materials furnished or labor performed by a subcontractor or materialman, it is a defense to the claim that a payment was made by the owner to the contractor for the materials and was so designated and paid over to the subcontractor or materialman, if when the payment was received by the subcontractor or materialman, the subcontractor or materialman did not demand a designation of the account and of the items of account to which the payment was to be applied.</section><section number="58-55-601"><effdate>1/1/2027</effdate><histories><history>Repealed and Re-enacted by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Unlawful conduct.</catchline>A person engages in unlawful conduct if the person:<subsection number="58-55-601(1)">engages in a construction trade, acts as a contractor, or represents that the person engages in a construction trade or acts as a contractor in a trade requiring licensure without holding a license or qualifying for an exemption under this chapter;</subsection><subsection number="58-55-601(2)">acts in a construction trade beyond the scope of the license the person holds;</subsection><subsection number="58-55-601(3)">hires or employs an unlicensed person to perform work that requires a license, unless that person is an employee of a licensed person, paid wages, and is not otherwise required to hold a license;</subsection><subsection number="58-55-601(4)">applies for or obtains a building permit without holding a license or qualifying for an exemption under this chapter;</subsection><subsection number="58-55-601(5)">issues a building permit to a person that does not provide evidence of a current license or exemption;</subsection><subsection number="58-55-601(6)">applies for or obtains a building permit to benefit or assist a person that must hold a license under this chapter but does not hold one or does not otherwise qualify;</subsection><subsection number="58-55-601(7)">fails to obtain a building permit when required by law or rule;</subsection><subsection number="58-55-601(8)">submits a bid for work requiring a license without holding a license or qualifying for an exemption;</subsection><subsection number="58-55-601(9)">willfully or deliberately misrepresents or omits a material fact when applying to obtain or renew a license;</subsection><subsection number="58-55-601(10)">allows another person to use the person's license, except as permitted by statute or rule;</subsection><subsection number="58-55-601(11)">does business under a name other than the name on the license, unless statute or rule allows otherwise;</subsection><subsection number="58-55-601(12)">fails to directly supervise an apprentice electrician or an apprentice plumber or exceeds the permitted number of apprentices to supervisor;</subsection><subsection number="58-55-601(13)">as a contractor, receives funds from a person to pay for work performed or materials and services provided for a specific project, and after receiving the funds, fails to pay all amounts due to those who performed the work or provided materials or services within a reasonable time;</subsection><subsection number="58-55-601(14)">willfully or deliberately disregards or violates:<subsection number="58-55-601(14)(a)">state or local building or construction laws;</subsection><subsection number="58-55-601(14)(b)">safety and labor laws applicable to a project;</subsection><subsection number="58-55-601(14)(c)">health laws applicable to a project;</subsection><subsection number="58-55-601(14)(d)">workers' compensation insurance laws;</subsection><subsection number="58-55-601(14)(e)">laws governing employee income tax, unemployment tax, Social Security tax, or other required withholdings; or</subsection><subsection number="58-55-601(14)(f)">state or federal reporting, notification, and filing laws;</subsection></subsection><subsection number="58-55-601(15)">engages in residential construction of up to two units without registering as a qualified beneficiary or obtaining an exemption under Title 38, Chapter 11, Residence Lien Restriction and Lien Recovery Fund Act;</subsection><subsection number="58-55-601(16)">as an original contractor, as defined in Section <xref depth="3" refnumber="38-11-102">38-11-102</xref>, fails to include the notice required under Section <xref depth="3" refnumber="38-11-108">38-11-108</xref> in a written contract;</subsection><subsection number="58-55-601(17)">wrongfully files a preconstruction or construction lien in violation of Section <xref depth="3" refnumber="38-1a-308">38-1a-308</xref>;</subsection><subsection number="58-55-601(18)">as a contractor, fails to complete required continuing education under this chapter;</subsection><subsection number="58-55-601(19)">as an unincorporated entity licensed under this chapter:<subsection number="58-55-601(19)(a)">allows an interest owner to engage in a construction trade in the state while not lawfully present in the United States; or</subsection><subsection number="58-55-601(19)(b)">provides labor to another licensed entity by supplying an interest owner to engage in a construction trade in the state while not lawfully present in the United States;</subsection></subsection><subsection number="58-55-601(20)">as an unincorporated entity, fails to provide for an individual who engages or will engage in a construction trade in the state:<subsection number="58-55-601(20)(a)">workers' compensation coverage as required under Title 34A, Chapter 2, Workers' Compensation Act, or Title 34A, Chapter 3, Utah Occupational Disease Act, or as would be required if licensed under this chapter; or</subsection><subsection number="58-55-601(20)(b)">unemployment compensation under Title 35A, Chapter 4, Employment Security Act, for an individual who owns less than an 8% interest in the entity, as defined by rule;</subsection></subsection><subsection number="58-55-601(21)">as an unincorporated entity:<subsection number="58-55-601(21)(a)">allows an owner to engage in a construction trade using a social security number that does not belong to that individual; or</subsection><subsection number="58-55-601(21)(b)">provides labor to another licensed entity by supplying an individual who uses a social security number that does not belong to that individual;</subsection></subsection><subsection number="58-55-601(22)">as a sign installation contractor or nonelectrical outdoor advertising sign contractor, as described by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, fails to:<subsection number="58-55-601(22)(a)">prominently display the contractor's business name and license number on a vehicle used for business; or</subsection><subsection number="58-55-601(22)(b)">carry a copy of the contractor's license in any vehicle used at a job site;</subsection></subsection><subsection number="58-55-601(23)">as a contractor, fails to comply with requirements a political subdivision, state agency, or board of education imposes in accordance with Section <xref depth="3" refnumber="58-55-206">58-55-206</xref>;</subsection><subsection number="58-55-601(24)">as a contractor, fails to comply in a timely manner with requirements described in Section <xref depth="3" refnumber="58-55-211">58-55-211</xref>;</subsection><subsection number="58-55-601(25)">engages in the installation, repair, maintenance, cleaning, or replacement of a residential or a commercial gas appliance or a combustion system without the certification described in Section <xref depth="3" refnumber="58-55-503">58-55-503</xref>, or allows an employee to do so; or</subsection><subsection number="58-55-601(26)">operates a crane without the certification described in Section <xref depth="3" refnumber="58-55-504">58-55-504</xref>.</subsection></section><section number="58-55-602"><enddate type="SC">1/1/2027</enddate><histories><history>Amended by Chapter <modchap sess="1999GS">365</modchap>, 1999 General Session</history><modyear>1999</modyear></histories><catchline>Payment of construction funds -- Interest.</catchline><subsection number="58-55-602(1)">
All unpaid construction funds are payable to the contractor as provided in Section <xref depth="3" refid="C13-8-S5_1800010118000101" refnumber="13-8-5" start="0">13-8-5</xref>.</subsection><subsection number="58-55-602(2)">
On projects involving multiple buildings, each building shall be considered individually in determining the amount to be paid the contractor.</subsection><subsection number="58-55-602(3)">
Partial occupancy of a building requires payment in direct proportion to the value of the part of the building occupied.</subsection><subsection number="58-55-602(4)">
If any payment is retained or withheld, it shall be retained or withheld and released as provided in Section <xref depth="3" refid="C13-8-S5_1800010118000101" refnumber="13-8-5" start="0">13-8-5</xref>.</subsection></section><section number="58-55-602"><effdate>1/1/2027</effdate><histories><history>Repealed and Re-enacted by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Penalty for unlawful conduct.</catchline><subsection number="58-55-602(1)"><subsection number="58-55-602(1)(a)">An individual commits a class A misdemeanor by violating:<subsection number="58-55-602(1)(a)(i)">Section <xref depth="3" refnumber="58-55-503">58-55-503</xref>;</subsection><subsection number="58-55-602(1)(a)(ii)">Section <xref depth="3" refnumber="58-55-504">58-55-504</xref>;</subsection><subsection number="58-55-602(1)(a)(iii)">Subsections <xref depth="4" refnumber="58-55-601(1)">58-55-601(1)</xref> through <xref depth="4" refnumber="58-55-602(7)">(7)</xref>, <xref refnumber="58-55-601(9)" depth="">(9)</xref>, (10), and (12), (14)(e), or (21) through (24); or</subsection><subsection number="58-55-602(1)(a)(iv)">failing to comply with a citation issued under this chapter.</subsection></subsection><subsection number="58-55-602(1)(b)">An individual who violates Subsection <xref depth="4" refnumber="58-55-601(8)">58-55-601(8)</xref> may not receive or accept a contract to perform work or act as a qualifier.</subsection></subsection><subsection number="58-55-602(2)"><subsection number="58-55-602(2)(a)">An individual commits an infraction by violating Subsection <xref depth="4" refnumber="58-55-601(13)">58-55-601(13)</xref>.</subsection><subsection number="58-55-602(2)(b)">An individual commits theft under Section <xref depth="3" refnumber="76-6-404">76-6-404</xref> if the individual violates Subsection <xref depth="4" refnumber="58-55-601(13)">58-55-601(13)</xref> and intends to deprive the payee of money owed.</subsection></subsection></section><section number="58-55-603"><enddate type="SC">1/1/2027</enddate><histories><history>Amended by Chapter <modchap sess="2025GS">302</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Payment to subcontractors and suppliers.</catchline><subsection number="58-55-603(1)">When a contractor receives any construction funds from an owner or another contractor for work performed and billed, the contractor receiving funds shall pay each of that contractor's subcontractors and suppliers in proportion to the percentage of the work they performed under that billing, unless otherwise agreed by contract.</subsection><subsection number="58-55-603(2)">If, under this section and without reasonable cause, or unless otherwise agreed by contract, the contractor fails to pay for work performed by subcontractors or suppliers within 30 consecutive days after receiving construction funds from the owner or another contractor for work performed and billed, or after the last day payment is due under the terms of the billing, whichever is later, the contractor receiving funds shall pay to the subcontractor or supplier, in addition to the payment, interest in the amount of 1% per month of the amount due, beginning on the day after payment is due, and reasonable costs of any collection and attorney fees.</subsection><subsection number="58-55-603(3)">When a subcontractor receives any construction payment under this section, Subsections <xref depth="4" refid="C58-55-S603_1800010118000101" refnumber="58-55-603(1)" start="0">(1)</xref> and <xref depth="4" refid="C58-55-S603_1800010118000101" refnumber="58-55-603(2)" start="0">(2)</xref> apply to that subcontractor.</subsection></section><section number="58-55-603"><effdate>1/1/2027</effdate><histories><history>Repealed and Re-enacted by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Unprofessional conduct.</catchline>A person engages in unprofessional conduct if the person:<subsection number="58-55-603(1)">fails to establish, maintain, or demonstrate financial responsibility in accordance with Section <xref depth="3" refnumber="58-55-205">58-55-205</xref>, while holding a contractor license under Part 2, Contractors;</subsection><subsection number="58-55-603(2)">disregards or violates, through gross negligence or a pattern of negligence:<subsection number="58-55-603(2)(a)">state or local building or construction laws;</subsection><subsection number="58-55-603(2)(b)">safety and labor laws applicable to a project;</subsection><subsection number="58-55-603(2)(c)">health laws applicable to a project;</subsection><subsection number="58-55-603(2)(d)">workers' compensation insurance laws applicable to a project;</subsection><subsection number="58-55-603(2)(e)">laws governing employee state and federal income tax withholdings, unemployment tax, Social Security payroll tax, or other required withholdings; or</subsection><subsection number="58-55-603(2)(f)">state or federal reporting, notification, and filing laws;</subsection></subsection><subsection number="58-55-603(3)">commits, causes, or directs a willful, fraudulent, or deceitful act that causes material injury to another person;</subsection><subsection number="58-55-603(4)">commits a contract violation that threatens or potentially threatens the public health, safety, or welfare, including when the person:<subsection number="58-55-603(4)(a)">willfully, deliberately, or with gross negligence disregards plans or specifications, abandons a project, or fails to complete a project without obtaining consent from the owner, the owner's authorized representative, or any other person entitled to completion under the contract;</subsection><subsection number="58-55-603(4)(b)">fails to deposit funds for the benefit of an employee;</subsection><subsection number="58-55-603(4)(c)">fails to maintain health insurance benefits required by a written contract, unless the person provides the employee with written notice at least 45 days before canceling or reducing a health insurance benefit;</subsection><subsection number="58-55-603(4)(d)">fails to reimburse the Residence Lien Recovery Fund as required under Section <xref depth="3" refnumber="38-11-207">38-11-207</xref>;</subsection><subsection number="58-55-603(4)(e)">fails to provide information required under Section <xref depth="3" refnumber="38-11-108">38-11-108</xref>; or</subsection><subsection number="58-55-603(4)(f)">willfully or deliberately misrepresents or omits a material fact when applying to claim recovery from the Residence Lien Recovery Fund under Section <xref depth="3" refnumber="38-11-204">38-11-204</xref>;</subsection></subsection><subsection number="58-55-603(5)">fails to comply with operating standards described in Section <xref depth="3" refnumber="58-55-502">58-55-502</xref>;</subsection><subsection number="58-55-603(6)">as an unincorporated entity, fails to provide workers' compensation coverage as required under Title 34A, Chapter 2, Workers' Compensation Act, and Title 34A, Chapter 3, Utah Occupational Disease Act, for an individual who engages or will engage in a construction trade in this state for the entity;</subsection><subsection number="58-55-603(7)">fails to continuously maintain insurance and registration as required under Section <xref depth="3" refnumber="58-55-204">58-55-204</xref>; or</subsection><subsection number="58-55-603(8)">fails to comply with Section <xref depth="3" refnumber="58-55-107">58-55-107</xref>.</subsection><subsection number="58-55-603(9)">fails to comply with Section <xref depth="3" refnumber="58-55-213">58-55-213</xref>.</subsection></section><section number="58-55-604"><enddate type="SC">1/1/2027</enddate><histories><history>Amended by Chapter <modchap sess="2008GS">377</modchap>, 2008 General Session</history><modyear>2008</modyear></histories><catchline>Proof of licensure to maintain or commence action.</catchline><tab/>A contractor or alarm business or company may not act as agent or commence or maintain any action in any court of the state for collection of compensation for performing any act for which a license is required by this chapter without alleging and proving that the licensed contractor or alarm business or company was appropriately licensed when the contract sued upon was entered into, and when the alleged cause of action arose.
</section><section number="58-55-604"><effdate>1/1/2027</effdate><histories><history>Repealed and Re-enacted by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Citations -- Fines -- License suspension-- License revocation.</catchline><subsection number="58-55-604(1)">As used in this section, "qualifying violation" means a violation of:<subsection number="58-55-604(1)(a)">Section <xref depth="3" refnumber="58-55-503">58-55-503</xref>;</subsection><subsection number="58-55-604(1)(b)">Section <xref depth="3" refnumber="58-55-504">58-55-504</xref>;</subsection><subsection number="58-55-604(1)(c)">Subsections <xref depth="4" refnumber="58-55-601(1)">58-55-601(1)</xref> through <xref depth="4" refnumber="58-55-604(3)">(3)</xref>, (7), (9), (10), (12), (14)(e), and (16), or Subsection <xref depth="4" refnumber="58-55-601(18)">58-55-601(18)</xref> through <xref depth="4" refnumber="58-55-604(24)">(24)</xref>; or</subsection><subsection number="58-55-604(1)(d)">Subsection <xref depth="4" refnumber="58-55-602(4)">58-55-602(4)</xref> or <xref depth="4" refnumber="58-55-604(6)">(6)</xref>.</subsection></subsection><subsection number="58-55-604(2)"><subsection number="58-55-604(2)(a)">If an investigation shows a person committed a qualifying violation, or violated a division rule or order related to a qualifying violation, the division shall:<subsection number="58-55-604(2)(a)(i)">issue a citation;</subsection><subsection number="58-55-604(2)(a)(ii)">attempt a stipulated settlement; or</subsection><subsection number="58-55-604(2)(a)(iii)">require the person to appear in an adjudicative proceeding in accordance with Title 63G, Chapter 4, Administrative Procedures Act.</subsection></subsection><subsection number="58-55-604(2)(b)">The division may assess a fine and issue a cease-and-desist order based on:<subsection number="58-55-604(2)(b)(i)">an uncontested citation;</subsection><subsection number="58-55-604(2)(b)(ii)">a stipulated settlement; or</subsection><subsection number="58-55-604(2)(b)(iii)">a violation finding in an adjudicative proceeding regarding a qualifying violation.</subsection></subsection></subsection><subsection number="58-55-604(3)"><subsection number="58-55-604(3)(a)">Each citation shall:<subsection number="58-55-604(3)(a)(i)">be in writing;</subsection><subsection number="58-55-604(3)(a)(ii)">describe the qualifying violation with specific reference to statute, rule, or order;</subsection><subsection number="58-55-604(3)(a)(iii)">instruct the recipient to request a hearing in writing within 20 calendar days after the day on which the division issues the citation if the recipient contests; and</subsection><subsection number="58-55-604(3)(a)(iv)">state the consequences of failing to contest or pay fines.</subsection></subsection><subsection number="58-55-604(3)(b)">The division may serve the citation:<subsection number="58-55-604(3)(b)(i)">according to the Utah Rules of Civil Procedure;</subsection><subsection number="58-55-604(3)(b)(ii)">in person or through an agent; or</subsection><subsection number="58-55-604(3)(b)(iii)">by mail.</subsection></subsection><subsection number="58-55-604(3)(c)">If the recipient does not request a hearing within 20 calendar days after the day on which the citation is issued, the citation becomes a final division order.</subsection><subsection number="58-55-604(3)(d)">The division may extend the 20 calendar day period for cause.</subsection></subsection><subsection number="58-55-604(4)"><subsection number="58-55-604(4)(a)">The division may deny, suspend, revoke, place on probation, or refuse to issue or renew the license of a person that does not comply with a final citation.</subsection><subsection number="58-55-604(4)(b)">The division shall issue a citation within one year of the reported qualifying violation.</subsection></subsection><subsection number="58-55-604(5)">The director or the director's designee shall assess fines as follows:<subsection number="58-55-604(5)(a)">except as provided in Subsection <xref depth="4" refnumber="58-55-604(5)(b)">(5)(b)</xref>, for a qualifying violation:<subsection number="58-55-604(5)(a)(i)">for a first offense, up to $1,000;</subsection><subsection number="58-55-604(5)(a)(ii)">for a second offense, up to $2,000; and</subsection><subsection number="58-55-604(5)(a)(iii)">for an additional qualifying violation, other than a violation described in Subsection <xref depth="4" refnumber="58-55-601(14)(e)">58-55-601(14)(e)</xref> or <xref depth="4" refnumber="58-55-604(24)">(24)</xref>, up to $2,000 per day of continued offense; and</subsection></subsection><subsection number="58-55-604(5)(b)">for a violation of Subsection <xref depth="4" refnumber="58-55-601(14)(e)">58-55-601(14)(e)</xref> or <xref depth="4" refnumber="58-55-604(24)">(24)</xref>:<subsection number="58-55-604(5)(b)(i)">for a first offense, up to $2,000;</subsection><subsection number="58-55-604(5)(b)(ii)">for a second offense, up to $4,000; and</subsection><subsection number="58-55-604(5)(b)(iii)">for an additional violation of Subsection <xref depth="4" refnumber="58-55-601(14)(e)">58-55-601(14)(e)</xref> or <xref depth="4" refnumber="58-55-604(24)">(24)</xref>, up to $4,000 per day of continued qualifying violation.</subsection></subsection></subsection><subsection number="58-55-604(6)"><subsection number="58-55-604(6)(a)">Except as provided in Subsection <xref tempid="736">(8)</xref>, the division shall consider a qualifying violation a second or additional offense if:<subsection number="58-55-604(6)(a)(i)">a prior final order established a qualifying violation; or</subsection><subsection number="58-55-604(6)(a)(ii)">the division initiated an action for an earlier offense and finds a second qualifying violation during a new investigation before resolving the initial case.</subsection></subsection><subsection number="58-55-604(6)(b)">The division shall follow this section when issuing final orders for repeated qualifying violations.</subsection></subsection><subsection number="58-55-604(7)"><subsection number="58-55-604(7)(a)">The division shall revoke a license if the licensee violates Subsection <xref depth="4" refnumber="58-55-601(19)">58-55-601(19)</xref> or <xref depth="4" refnumber="58-55-604(20)">(20)</xref> two or more times in a 12-month period.</subsection><subsection number="58-55-604(7)(b)">The division may exempt a licensee from revocation under Subsection <xref depth="4" refnumber="58-55-601(19)">58-55-601(19)</xref> if the licensee proves the licensee verified the individual's federal work status using a status verification system under Section <xref depth="3" refnumber="13-47-102">13-47-102</xref>.</subsection><subsection number="58-55-604(7)(c)">Each qualifying violation under Subsection <xref depth="4" refnumber="58-55-601(20)">58-55-601(20)</xref> or <xref depth="4" refnumber="58-55-604(21)">(21)</xref> involving a different individual counts as a separate qualifying violation.</subsection></subsection><subsection number="58-55-604(8)">If five or more years pass between qualifying violations, the division may not treat a new qualifying violation as a second or additional qualifying violation.</subsection><subsection number="58-55-604(9)">The division may treat each instance of the same type of qualifying violation under Section <xref depth="3" refnumber="58-55-601">58-55-601</xref> as a separate offense and may impose a separate penalty for each.</subsection><subsection number="58-55-604(10)">The division and commission may suspend a license if:<subsection number="58-55-604(10)(a)">the licensee receives a citation for violating:<subsection number="58-55-604(10)(a)(i)">Section <xref depth="3" refnumber="58-55-503">58-55-503</xref>;</subsection><subsection number="58-55-604(10)(a)(ii)">Section <xref depth="3" refnumber="58-55-504">58-55-504</xref>; or</subsection><subsection number="58-55-604(10)(a)(iii)">Section <xref depth="3" refnumber="58-55-601">58-55-601</xref>; or</subsection></subsection><subsection number="58-55-604(10)(b)">the licensee fails to:<subsection number="58-55-604(10)(b)(i)">apply for a new license for a new business structure;</subsection><subsection number="58-55-604(10)(b)(ii)">maintain or demonstrate financial responsibility in accordance with Section <xref depth="3" refnumber="58-55-205">58-55-205</xref>, while holding a contractor license under Part 2, Contractors; or</subsection><subsection number="58-55-604(10)(b)(iii)">notify the division of insurance loss or change in qualifier.</subsection></subsection></subsection></section><section number="58-55-605"><enddate type="SC">1/1/2027</enddate><histories><history>Enacted by Chapter <modchap sess="2014GS">188</modchap>, 2014 General Session</history><modyear>2014</modyear></histories><catchline>Pay statement required.</catchline><subsection number="58-55-605(1)">
On the day on which a person licensed under this chapter pays an individual for work that the individual performed, the person shall give the individual a written or electronic pay statement that states:
<subsection number="58-55-605(1)(a)">
the individual's name;</subsection><subsection number="58-55-605(1)(b)">
the individual's base rate of pay;</subsection><subsection number="58-55-605(1)(c)">
the dates of the pay period for which the individual is being paid;</subsection><subsection number="58-55-605(1)(d)">
if paid hourly, the number of hours the individual worked during the pay period;</subsection><subsection number="58-55-605(1)(e)">
the amount of and reason for any money withheld in accordance with state or federal law, including:<subsection number="58-55-605(1)(e)(i)">
state and federal income tax;</subsection><subsection number="58-55-605(1)(e)(ii)">
Social Security tax;</subsection><subsection number="58-55-605(1)(e)(iii)">
Medicare tax; and</subsection><subsection number="58-55-605(1)(e)(iv)">
court-ordered withholdings; and</subsection></subsection><subsection number="58-55-605(1)(f)">
the total amount paid to the individual for that pay period.</subsection></subsection><subsection number="58-55-605(2)">
A person licensed under this chapter shall:
<subsection number="58-55-605(2)(a)">
comply with the requirements described in Subsection <xref depth="4" refnumber="58-55-605(1)" start="0">(1)</xref> regardless of whether the licensee pays the individual by check, cash, or other means;</subsection><subsection number="58-55-605(2)(b)">
retain a copy of each pay statement described in Subsection <xref depth="4" refnumber="58-55-605(1)" start="0">(1)</xref> for at least three years after the day on which the person gives a copy of the pay statement to the individual; and</subsection><subsection number="58-55-605(2)(c)">
upon request, make the pay statement records described in this section available to the division for inspection.</subsection></subsection></section><section number="58-55-605"><effdate>1/1/2027</effdate><histories><history>Repealed and Re-enacted by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Grounds for denial of license and disciplinary proceedings.</catchline><subsection number="58-55-605(1)">In accordance with Section <xref depth="3" refnumber="58-1-401">58-1-401</xref>, if an applicant or licensee does not meet the qualifications for licensure, the division may:<subsection number="58-55-605(1)(a)">refuse to issue or renew a license;</subsection><subsection number="58-55-605(1)(b)">revoke the right of a licensee to recover from the Residence Lien Recovery Fund created by Section <xref depth="3" refnumber="38-11-201">38-11-201</xref>;</subsection><subsection number="58-55-605(1)(c)">revoke, suspend, or restrict a license;</subsection><subsection number="58-55-605(1)(d)">issue a public or private reprimand to an applicant or a licensee; and</subsection><subsection number="58-55-605(1)(e)">issue a cease-and-desist order.</subsection></subsection><subsection number="58-55-605(2)">In addition to an action taken under Subsection <xref depth="4" refnumber="58-55-605(1)">(1)</xref>, the division may take an action described in Subsection <xref depth="4" refnumber="58-1-401(2)">58-1-401(2)</xref> in relation to a contractor license, if:<subsection number="58-55-605(2)(a)">the applicant or licensee is an unincorporated entity; and</subsection><subsection number="58-55-605(2)(b)">an individual who holds an ownership interest in or is the qualifier under Section <xref depth="3" refnumber="58-55-108">58-55-108</xref> engages in:<subsection number="58-55-605(2)(b)(i)">unlawful conduct as described in Section <xref depth="3" refnumber="58-55-601">58-55-601</xref>; or</subsection><subsection number="58-55-605(2)(b)(ii)">unprofessional conduct as described in Section <xref depth="3" refnumber="58-55-602">58-55-602</xref>.</subsection></subsection></subsection></section><section number="58-55-606"><effdate>1/1/2027</effdate><histories><history>Enacted by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Investigation of a regulated activity.</catchline><subsection number="58-55-606(1)">The division shall be responsible for the investigation of a person or an activity that violates the provisions of this chapter.</subsection><subsection number="58-55-606(2)"><subsection number="58-55-606(2)(a)">The division shall investigate:<subsection number="58-55-606(2)(a)(i)">a licensee alleged to engage in unlawful or unprofessional conduct; and</subsection><subsection number="58-55-606(2)(a)(ii)">an unlicensed person engaged in a construction trade regulated under this chapter.</subsection></subsection></subsection><subsection number="58-55-606(3)"> If the division finds there is no apparent material jeopardy to the public health, safety, or welfare, the division shall decline investigation of an alleged violation of this chapter.</subsection><subsection number="58-55-606(4)"><subsection number="58-55-606(4)(a)">The division shall inspect construction trade to determine compliance with Subsections <xref depth="4" refnumber="58-1-501(2)(a)(vii)">58-1-501(2)(a)(vii)</xref>, <xref depth="4" refnumber="58-55-601(14)">58-55-601(14)</xref>, and <xref depth="4" refnumber="58-55-602(2)">58-55-602(2)</xref> through <xref depth="4" refnumber="58-55-606(4)">(4)</xref>.</subsection><subsection number="58-55-606(4)(b)">Except for Subsection <xref depth="4" refnumber="58-55-606(4)(a)">(4)(a)</xref>, the division has no obligation to inspect construction trade to determine compliance with applicable code or industry standard.</subsection></subsection><subsection number="58-55-606(5)"> An authorized representative of the division may enter the premises or a site to inspect work regulated under this chapter for compliance.</subsection></section><section number="58-55-607"><effdate>1/1/2027</effdate><histories><history>Enacted by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Collection -- Enforcement.</catchline><subsection number="58-55-607(1)">The division shall deposit collected fines into the Commerce Service Account created under Section <xref depth="3" refnumber="13-1-2">13-1-2</xref>.</subsection><subsection number="58-55-607(2)">If a person fails to pay a penalty, the director may:<subsection number="58-55-607(2)(a)">refer the case to a collection agency; or</subsection><subsection number="58-55-607(2)(b)">file a district court action in the person's county or the county where the director's office is located.</subsection></subsection><subsection number="58-55-607(3)">The county attorney or attorney general shall provide legal support in penalty collection actions.</subsection><subsection number="58-55-607(4)">The court shall award attorney fees and costs to the prevailing party in such actions.</subsection></section></part><part number="58-55-7"><catchline>Construction Business Registry</catchline><section number="58-55-701"><enddate type="RP">1/1/2027</enddate><histories><history>Repealed by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear><history>Enacted by Chapter <modchap sess="2022GS">436</modchap>, 2022 General Session</history><modyear>2022</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this part, "licensed contractor" means a person licensed under this chapter.</section><section number="58-55-702"><enddate type="RN">1/1/2027</enddate><histories><history>Renumbered and Amended by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear><history>Enacted by Chapter <modchap sess="2022GS">436</modchap>, 2022 General Session</history><modyear>2022</modyear></histories><catchline>Construction Business Registry.</catchline><subsection number="58-55-702(1)">
The division shall establish and maintain the Construction Business Registry as described in this section.</subsection><subsection number="58-55-702(2)">
The Construction Business Registry shall consist of a database of contact information for licensed contractors.</subsection><subsection number="58-55-702(3)">
Beginning January 1, 2023, the division shall ensure that the Construction Business Registry:
<subsection number="58-55-702(3)(a)">
is accessible to the public through an Internet website; and</subsection><subsection number="58-55-702(3)(b)">
is indexed by:<subsection number="58-55-702(3)(b)(i)">
the name of the licensed contractor;</subsection><subsection number="58-55-702(3)(b)(ii)">
the name of the licensed contractor's licensed business;</subsection><subsection number="58-55-702(3)(b)(iii)">
the classification of the licensed contractor, as described in Section <xref depth="3" refnumber="58-55-301" start="0">58-55-301</xref>; and</subsection><subsection number="58-55-702(3)(b)(iv)">
any other identifier that the division considers reasonably appropriate.</subsection></subsection></subsection><subsection number="58-55-702(4)">
The division may link or otherwise associate the Construction Business Registry with the State Construction Registry under <xref depth="2" refnumber="38-1a-2" start="0">Title 38, Chapter 1a, Part 2, State Construction Registry</xref>.</subsection><subsection number="58-55-702(5)"><subsection number="58-55-702(5)(a)">
The division shall establish a process for a licensed contractor to:<subsection number="58-55-702(5)(a)(i)">
before entry into the Construction Business Registry, specify the licensed contractor's contact information that the licensed contractor wants included in the Construction Business Registry;</subsection><subsection number="58-55-702(5)(a)(ii)">
opt out of participation in the Construction Business Registry at any time; or</subsection><subsection number="58-55-702(5)(a)(iii)">
amend the licensed contractor's contact information in the Construction Business Registry at any time.</subsection></subsection><subsection number="58-55-702(5)(b)">
If a licensed contractor does not specify the licensed contractor's contact information for the Construction Business Registry, the division shall include in the Construction Business Registry only public contact information for the licensed contractor.</subsection></subsection></section><section number="58-55-703"><enddate type="RP">1/1/2027</enddate><histories><history>Repealed by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear><history>Enacted by Chapter <modchap sess="2022GS">436</modchap>, 2022 General Session</history><modyear>2022</modyear></histories><catchline>Fees.</catchline><tab/>The division may establish a fee for the entry of a licensed contractor's contact information into the Construction Business Registry, in accordance with Section <xref depth="3" refnumber="63J-1-504" start="0">63J-1-504</xref>, to assist in offsetting the cost of creating, administering, and maintaining the Construction Business Registry.</section><section number="58-55-704"><enddate type="RP">1/1/2027</enddate><histories><history>Repealed by Chapter <modchap sess="2026GS">42</modchap>, 2026 General Session</history><modyear>2026</modyear><history>Enacted by Chapter <modchap sess="2022GS">436</modchap>, 2022 General Session</history><modyear>2022</modyear></histories><catchline>Rulemaking.</catchline><tab/>The division may make rules, in accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, to establish and maintain the Construction Business Registry in accordance with this part.</section></part></chapter>