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H.B. 125






Sponsor: Richard M. Siddoway

10    This act affects sections of Utah Code Annotated 1953 as follows:
11    ENACTS:
12         53-7-401, Utah Code Annotated 1953
13         53-7-402, Utah Code Annotated 1953
14         53-7-403, Utah Code Annotated 1953
15         53-7-404, Utah Code Annotated 1953
16         53-7-405, Utah Code Annotated 1953
17         53-7-406, Utah Code Annotated 1953
18         53-7-407, Utah Code Annotated 1953
19         53-7-408, Utah Code Annotated 1953
20         53-7-409, Utah Code Annotated 1953
21         53-7-410, Utah Code Annotated 1953
22         53-7-411, Utah Code Annotated 1953
23         53-7-412, Utah Code Annotated 1953
24         53-7-413, Utah Code Annotated 1953
25         53-7-414, Utah Code Annotated 1953
26    Be it enacted by the Legislature of the state of Utah:
27        Section 1. Section 53-7-401 is enacted to read:

Part 4. Natural Gas Installer and Service Technician Certification

2         53-7-401. Title.
3        This part is known as the "Natural Gas Installer and Service Technician Certification Act."
4        Section 2. Section 53-7-402 is enacted to read:
5         53-7-402. Definitions.
6        As used in this part:
7        (1) "Board" means the Natural Gas Installer and Service Technician Certification Board
8    created in Section 53-7-404.
9        (2) "Distributor" means any person engaged in the distribution of natural gas who
10    transports natural gas that is to be distributed or sold within this state.
11        (3) "Division" means the Division of the State Fire Marshall.
12        (4) "Downstream piping" means an assembly consisting of components with a means for
13    conveying natural gas from the outlet of the distributor's meter to the burner and includes
14    combustion air supply and venting systems, either continuously or intermittently, and that
15    incorporates components intended to achieve control of quantity, flow, and pressure.
16        (5) "Enforcing authority" means the division.
17        (6) "Gas appliance" means any device that uses natural gas to produce light, heat, power,
18    steam, hot water, refrigeration, or air conditioning.
19        (7) "Installer" means any person who has satisfactorily passed an examination under the
20    supervision of the board, testing his knowledge and ability to install or properly repair domestic
21    or commercial gas appliances and downstream piping, and who holds an installer's certificate
22    under this part.
23        (8) "Natural gas" means a naturally occurring fluid mixture of hydrocarbons composed
24    primarily of methane containing one grain or less hydrogen sulfide per 100 standard cubic feet,
25    and 20 grains or less total sulfur per 100 standard cubic feet, produced in geologic formations
26    beneath the earth's surface, and maintaining a gaseous state at standard atmospheric temperature
27    and pressure under ordinary conditions, or such fluid mixture produced by manufacturing
28    processes such as coal gasification and which is conveyed through a piping system.
29        (9) "Service technician" means any person who has satisfactorily passed an examination
30    under the supervision of the board, testing his knowledge and ability to install or properly repair
31    domestic or commercial natural gas appliances and downstream piping and who holds a service

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1    technicians certificate under this part.
2        Section 3. Section 53-7-403 is enacted to read:
3         53-7-403. Exclusions from part.
4        This part does not apply to any of the following:
5        (1) the production, refining, or manufacture of natural gas;
6        (2) the sale, storage, transportation, or distribution of natural gas by a producer, pipeline
7    company, distributor, refiner, or manufacturer;
8        (3) equipment used by a producer, pipeline company, refiner, or manufacturer in a
9    producing, distribution, refining, transportation, or manufacturing process; and
10        (4) compressed natural gas systems for vehicles.
11        Section 4. Section 53-7-404 is enacted to read:
12         53-7-404. Board -- Creation -- Composition -- Appointment -- Terms of officers --
13     Meetings -- Compensation.
14        (1) There is created within the division the Natural Gas Installer and Service Technician
15    Certification Board consisting of the following seven members:
16        (a) two licensed contractors whose employees are affected by this act;
17        (b) one member from the fire service;
18        (c) one building code official;
19        (d) one representative of the natural gas industry who has been actively engaged in the
20    industry for at least five years;
21        (e) one licensed general building contractor; and
22        (f) one member of the general public.
23        (2) The governor shall appoint all board members, on a nonpartisan basis, from a list of
24    at least five nominees for each appointment, submitted by the division as directed by the board.
25        (3) All board members shall have been legal residents of the state for at least one year
26    immediately preceding the date of appointment.
27        (4) (a) Except as required by Subsection (b), as terms of current board members expire,
28    the governor shall appoint each new member or reappointed member to a four-year term.
29        (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the time
30    of appointment or reappointment, adjust the length of terms to ensure that the terms of board
31    members are staggered so that approximately half of the board is appointed every two years.

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1        (c) Members serve from the date of appointment until a replacement is appointed.
2        (5) When a vacancy occurs in the membership for any reason, the replacement shall be
3    appointed for the unexpired term.
4        (6) (a) The board shall elect its own chair and vice chair at its first regular meeting each
5    calendar year.
6        (b) All meetings of the board shall be held on a prescribed date, at least quarterly, and at
7    any time a majority of the board members makes a request in writing to the board chair.
8        (c) Any four members constitute a quorum for the transaction of business.
9        (7) (a) (i) Members who are not government employees shall receive no compensation or
10    benefits for their services, but may receive per diem and expenses incurred in the performance of
11    the member's official duties at the rates established by the Division of Finance under Sections
12    63A-3-106 and 63A-3-107.
13        (ii) Members may decline to receive per diem and expenses for their service.
14        (b) (i) Government officer and employee members who do not receive salary, per diem,
15    or expenses from their agency for their service may receive per diem and expenses incurred in the
16    performance of their official duties from the board at the rates established by the Division of
17    Finance under Sections 63A-3-106 and 63A-3-107.
18        (ii) Government officer and employee members may decline to receive per diem and
19    expenses for their service.
20        Section 5. Section 53-7-405 is enacted to read:
21         53-7-405. Board rulemaking -- Notice.
22        (1) The board shall make rules as reasonably necessary for:
23        (a) the training and certification of installers and service technicians for the protection of
24    the health, welfare, and safety of the public and persons using natural gas; and
25        (b) governing natural gas installers and service technicians and their installation and
26    maintenance of natural gas appliances and downstream piping in accordance with manufacturer's
27    instructions and codes.
28        (2) The rules shall be in substantial conformity with the generally accepted standards of
29    safety concerning natural gas.
30        (3) (a) When a proposed rule is filed, the board shall give reasonable notice to natural gas
31    installers and service technicians of the proposed new, revised, or amended rule together with a

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1    hearing date.
2        (b) Any person affected by rulemaking under this part may submit written comment on
3    the rule.
4        (c) After the adoption and effective date of the rule, the board shall give reasonable notice
5    of the newly adopted rule to natural gas installers and service technicians.
6        Section 6. Section 53-7-406 is enacted to read:
7         53-7-406. Duties and powers of the board -- Fee setting.
8        (1) The board may:
9        (a) conduct hearings on the issuance or revocation of any certificate:
10        (i) compel the attendance of witnesses by subpoena;
11        (ii) require the production of any records or documents determined by it to be pertinent
12    to the subject matter of the hearing; and
13        (iii) apply to the district court of the county where the hearing is held for an order citing
14    any applicant or witness for contempt, and for failure to attend, testify, or produce required
15    documents;
16        (b) suspend or revoke certificates and refuse renewals of certificates if the applicant or
17    certificate holder has been guilty of conduct harmful to either the safety or protection of the public;
18    and
19        (c) adopt bylaws for its procedures and methods of operation.
20        (2) The board shall, in accordance with Section 63-38-3.2, establish certification fees to
21    cover the cost of administering this section.
22        Section 7. Section 53-7-407 is enacted to read:
23         53-7-407. Duties of the division.
24        The division shall:
25        (1) prescribe the method and form to apply for a natural gas installer or service technician
26    certificate, with the approval of the board;
27        (2) investigate the experience, reputation, and background of applicants as directed by the
28    board;
29        (3) recommend to the board the issuing, suspending, revoking, and denying of certificates;
30        (4) assist the board in conducting hearings in connection with the applications for, or
31    revocation of, certificates;

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1        (5) keep accurate records and minutes of all meetings, which shall be open to public
2    inspection at all reasonable times, and keep a public record of all applications for certification and
3    certificates issued by the board;
4        (6) conduct examinations of every certificate applicant to determine the responsibility,
5    ability, knowledge, experience, or other qualifications of the applicant for a certificate;
6        (7) prepare and administer examinations, collect fees, and issue certificates; and
7        (8) complete other duties as assigned by the board.
8        Section 8. Section 53-7-408 is enacted to read:
9         53-7-408. Certificate required.
10        A person may not engage in the service, installation, or repair of natural gas appliances or
11    downstream piping unless:
12        (1) the person has obtained the appropriate certificate; or
13        (2) is continually working under the direction of a certified installer or service technician
14    as provided in Section 53-7-411.
15        Section 9. Section 53-7-409 is enacted to read:
16         53-7-409. Classification of applicants and certificates.
17        To administer this part, the board shall classify all applicants and certificate holders as
18    either:
19        (1) an installer engaged in the business of installing natural gas appliances or downstream
20    piping; or
21        (2) a service technician engaged in the business of service, installation, or repair of natural
22    gas appliances or downstream piping.
23        Section 10. Section 53-7-410 is enacted to read:
24         53-7-410. Certification specifications and limits.
25        A certificate issued under this part:
26        (1) shall state the name of the person to whom it is issued; and
27        (2) is not transferable by its holder to any other person, and is valid only for the particular
28    person described on the certificate.
29        Section 11. Section 53-7-411 is enacted to read:
30         53-7-411. Certification for certain activities.
31        (1) A person who installs, repairs, or services appliances or downstream piping for the use

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1    of natural gas shall be certified by the division by passing an appropriate examination based on the
2    requirements of the board.
3        (2) A person is exempt from this examination for up to one year, and until examined by
4    a representative of the board, provided during the one-year period, he shall be continually
5    supervised by a certified installer or service technician.
6        (3) Any person hiring an uncertified employee shall, within 45 days of the commencement
7    of employment, notify the division. If the uncertified employee fails to pass the examination,
8    within 90 days, he may retake the examination after additional instruction. Prior to retaking the
9    exam, he shall again be continually supervised by a certified installer or service technician.
10        (4) (a) The board shall establish a reasonable fee in accordance with Section 53-7-412 to
11    cover the costs of administering the examination.
12        (b) All examinations shall be administered by the division.
13        Section 12. Section 53-7-412 is enacted to read:
14         53-7-412. Fees -- Setting -- Deposit -- Use.
15        (1) The board shall establish fees authorized in this part in accordance with the procedures
16    specified in Section 63-38-3.2, but the fees shall be deposited as provided in Subsection (2).
17        (2) Fees collected by the division under this part, shall be deposited with the state treasurer
18    as a dedicated credit, to be used for the implementation of this part.
19        Section 13. Section 53-7-413 is enacted to read:
20         53-7-413. Enforcement of part and rules.
21        (1) This part, the rules made under it, and orders issued by the board are enforced by:
22        (a) the enforcing authority, unless otherwise provided by the board; and
23        (b) the board.
24        (2) (a) A person who knowingly violates or fails to comply with this part is guilty of a
25    class B misdemeanor and is punishable by a fine of not less than $50 nor more than $500.
26        (b) A person previously convicted under Subsection (2)(a) who knowingly violates or fails
27    to comply with this part is guilty of a class B misdemeanor and is punishable by a fine of not less
28    than $200 nor more than $2,000.
29        (c) Each day the violation or failure to comply continues constitutes a separate offense.
30        (3) The enforcing authority may enter any building or other premises open to the public,
31    at any reasonable time, for the purpose of determining and verifying compliance with this part and

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1    the rules and orders of the board.
2        (4) (a) The board may establish and collect a fee for any services required by this part, the
3    rules made under it, and orders issued by the board. The fee shall be reasonable and may not
4    exceed the amount of the cost of service or inspection provided.
5        (b) Fees collected under this Subsection (14) may be retained by the enforcing authority,
6    and shall be applied to the expenses of providing these services.
7        Section 14. Section 53-7-414 is enacted to read:
8         53-7-414. Effect of part on state and local provision.
9        (1) Except as provided in Title 58, Chapter 56, Uniform Building Standards Act, this part
10    supersedes all other conflicting state laws or rules concerning natural gas as regulated under this
11    part.
12        (2) A municipality or other political subdivision may not adopt or enforce any ordinance
13    or rule in conflict with this part, or with the rules made under this part.
14        Section 15. Effective date.
15        This act takes effect on July 1, 1997.

Legislative Review Note
    as of 2-3-97 1:45 PM

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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