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H.B. 62






Sponsor: Bill Wright

10    This act affects sections of Utah Code Annotated 1953 as follows:
11    AMENDS:
12         58-55-305, as last amended by Chapter 20, Laws of Utah 1995
13    Be it enacted by the Legislature of the state of Utah:
14        Section 1. Section 58-55-305 is amended to read:
15         58-55-305. Exemptions from licensure.
16        In addition to the exemptions from licensure in Section 58-1-307, the following persons
17    may engage in acts or practices included within the practice of construction trades subject to the
18    stated circumstances and limitations without being licensed under this chapter:
19        (1) an authorized representative of the United States government or an authorized
20    employee of the state or any of its political subdivisions when working on construction work of
21    the state or the subdivision, and when acting within the terms of his trust, office, or employment;
22        (2) a person engaged in construction or operation incidental to the construction and repair
23    of irrigation and drainage ditches of regularly constituted irrigation districts, reclamation districts,
24    and drainage districts or construction and repair relating to farming, dairying, agriculture, livestock
25    or poultry raising, metal and coal mining, quarries, sand and gravel excavations, well drilling,
26    hauling to and from construction sites, and lumbering;
27        (3) public utilities operating under the rules of the Public Service Commission on

1    construction work incidental to their own business;
2        (4) sole owners of property engaged in building structures on their property for their own
3    noncommercial nonpublic use; except, any person other than the property owner or individuals
4    described in Subsection (5) who engages in building the structure must be licensed under this
5    chapter if he is otherwise required to be licensed under this chapter;
6        (5) (a) an individual engaged in construction or renovation of a residential building for
7    noncommercial nonpublic use if that person:
8        (i) works without compensation other than token compensation that is not considered
9    salary or wages; and
10        (ii) works under the direction of the property owner who engages in building the
11    structure[.];
12        (b) [For] for purposes of Subsection (5), "token compensation" means compensation paid
13    by a sole owner of property exempted from licensure under Subsection (4) to an individual
14    exempted from licensure under Subsection (5), that is:
15        (i) minimal in value when compared with the fair market value of the services provided
16    by the individual;
17        (ii) not related to the fair market value of the services provided by the individual; and
18        (iii) is incidental to providing of services by the individual including paying for or
19    providing meals or refreshment while services are being provided, or paying reasonable
20    transportation costs incurred by the individual in travel to the site of construction;
21        (6) a person engaged in the sale or merchandising of personal property that by its design
22    or manufacture may be attached, installed, or otherwise affixed to real property who has contracted
23    with a person, firm, or corporation licensed under this chapter to install, affix, or attach that
24    property;
25        (7) a contractor submitting a bid on a federal aid highway project, if, before undertaking
26    any construction under that bid, the contractor is licensed under this chapter;
27        (8) (a) a person engaged in the alteration, repair, remodeling, or addition to or
28    improvement of any building with a contracted or agreed value of less than [$500] $1000,
29    including both labor and materials, and including all changes or additions to the contracted or
30    agreed upon work; [however,]
31        (b) notwithstanding Subsection (8)(a), work in the plumbing and electrical trades must be

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1    performed by a licensed electrician or plumber [regardless of the dollar value of the work] except
2    as otherwise provided in this section;
3        (9) a person practicing a specialty contractor classification or construction trade which is
4    not classified by rule by the director as significantly impacting the public's health, safety, and
5    welfare;
6        (10) owners and lessees of property and persons regularly employed for wages by owners
7    or lessees of property or their agents for the purpose of maintaining the property, are exempt from
8    this chapter when doing work upon the property;
9        (11) (a) a person engaged in minor plumbing work incidental to the replacement or repair
10    of a fixture or an appliance provided that no modification is made to existing culinary water, soil,
11    waste, or vent piping;
12        (b) except as provided in Subsection (5), installation for the first time of a fixture or an
13    appliance is not included in the exemption provided under Subsection (11)(a);
14        [(11)] (12) a person who ordinarily would be subject to the plumber licensure requirements
15    set forth in this chapter when installing or repairing a water conditioner or other water treatment
16    apparatus [and] if the conditioner or apparatus:
17        (a) meets the appropriate state construction codes or local plumbing standards; and
18        (b) is installed or repaired under the direction of a person authorized to do such work under
19    an appropriate specialty contractor license;
20        [(12)] (13) a person who ordinarily would be subject to the electrician licensure
21    requirements set forth in this chapter when employed by or under contract with:
22        (a) railroad corporations, telephone corporations or their corporate affiliates, elevator
23    contractors or constructors, or street railway systems; or
24        (b) public service corporations, rural electrification associations, or municipal utilities who
25    generate, distribute, or sell electrical energy for light, heat, or power;
26        [(13)] (14) a person involved in minor electrical work incidental to a mechanical or service
27    installation; and
28        [(14)] (15) a student participating in construction trade education and training programs
29    approved by the division in collaboration with the board under the condition that:
30        (a) all work intended as a part of a finished product on which there would normally be an
31    inspection by a building inspector is, in fact, inspected and found acceptable by a licensed building

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1    inspector; and
2        (b) a licensed contractor obtains the necessary building permits.
3        Section 2. Effective date.
4        This act takes effect on July 1, 1997.

Legislative Review Note
    as of 12-31-96 9:13 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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