Download Zipped Amended WP 9 HB0048S1.ZIP
[Introduced][Status][Bill Documents][Fiscal Note][Bills Directory]

H.B. 48

This document includes House Floor Amendments incorporated into the bill on Thu, Feb 13, 2003 at 5:13 PM by bhilbert. -->

Representative Stephen H. Urquhart proposes the following substitute bill:





Sponsor: Stephen H. Urquhart

             6      This act amends the Utah Construction Trade Licensing Act by requiring h COMPLIANCE
             6a      AGENCIES h h [ municipal
             7      corporations
] h
to notify the Division of Occupational and Professional Licensing upon the
             8      issuance of building permits to sole owners of property who may qualify for a licensure
             9      exemption for sole owners of property engaged.
             10      This act affects sections of Utah Code Annotated 1953 as follows:
             11      AMENDS:
             12          58-55-305, as last amended by Chapters 33 and 241, Laws of Utah 2002
             13          58-55-308, as last amended by Chapters 33 and 241, Laws of Utah 2002
             14      Be it enacted by the Legislature of the state of Utah:
             15          Section 1. Section 58-55-305 is amended to read:
             16           58-55-305. Exemptions from licensure.
             17          (1) In addition to the exemptions from licensure in Section 58-1-307 , the following
             18      persons may engage in acts or practices included within the practice of construction trades,
             19      subject to the stated circumstances and limitations, without being licensed under this chapter:
             20          [(1)] (a) an authorized representative of the United States government or an authorized
             21      employee of the state or any of its political subdivisions when working on construction work of
             22      the state or the subdivision, and when acting within the terms of [his] the person's trust, office,
             23      or employment;
             24          [(2)] (b) a person engaged in construction or operation incidental to the construction
             25      and repair of irrigation and drainage ditches of regularly constituted irrigation districts,

             26      reclamation districts, and drainage districts or construction and repair relating to farming,
             27      dairying, agriculture, livestock or poultry raising, metal and coal mining, quarries, sand and
             28      gravel excavations, well drilling, hauling to and from construction sites, and lumbering;
             29          [(3)] (c) public utilities operating under the rules of the Public Service Commission on
             30      construction work incidental to their own business;
             31          [(4)] (d) sole owners of property engaged in building:
             32          [(a)] (i) no more than one residential structure per year and no more than three
             33      residential structures per five years on their property for their own noncommercial, nonpublic
             34      use; except, [any] a person other than the property owner or individuals described in
             35      Subsection [(5)] (1)(e), who engages in building the structure must be licensed under this
             36      chapter if [he] the person is otherwise required to be licensed under this chapter; or
             37          [(b)] (ii) structures on their property for their own noncommercial, nonpublic use
             38      which are incidental to a residential structure on the property, including sheds, carports, or
             39      detached garages;
             40          [(5) (a) an individual] (e) (i) a person engaged in construction or renovation of a
             41      residential building for noncommercial, nonpublic use if that person:
             42          [(i)] (A) works without compensation other than token compensation that is not
             43      considered salary or wages; and
             44          [(ii)] (B) works under the direction of the property owner who engages in building the
             45      structure;
             46          [(b)] (ii) for purposes of this Subsection [(5)] (1)(e), "token compensation" means
             47      compensation paid by a sole owner of property exempted from licensure under Subsection [(4)]
             48      (1)(d) to [an individual] a person exempted from licensure under this Subsection [(5)] (1)(e),
             49      that is:
             50          [(i)] (A) minimal in value when compared with the fair market value of the services
             51      provided by the [individual] person;
             52          [(ii)] (B) not related to the fair market value of the services provided by the
             53      [individual] person; and
             54          [(iii)] (C) is incidental to providing of services by the [individual] person including
             55      paying for or providing meals or refreshment while services are being provided, or paying
             56      reasonable transportation costs incurred by the [individual] person in travel to the site of

             57      construction;
             58          [(6)] (f) a person engaged in the sale or merchandising of personal property that by its
             59      design or manufacture may be attached, installed, or otherwise affixed to real property who has
             60      contracted with a person, firm, or corporation licensed under this chapter to install, affix, or
             61      attach that property;
             62          [(7)] (g) a contractor submitting a bid on a federal aid highway project, if, before
             63      undertaking [any] construction under that bid, the contractor is licensed under this chapter;
             64          [(8) (a)] (h) (i) a person engaged in the alteration, repair, remodeling, or addition to or
             65      improvement of [any] a building with a contracted or agreed value of less than $1,000,
             66      including both labor and materials, and including all changes or additions to the contracted or
             67      agreed upon work;
             68          [(b)] (ii) notwithstanding Subsection [(8)(a)] (1)(h)(i):
             69          [(i)] (A) work in the plumbing and electrical trades must be performed by a licensed
             70      electrician or plumber except as otherwise provided in this section; and
             71          [(ii)] (B) installation, repair, or replacement of a residential or commercial gas
             72      appliance or a combustion system must be performed by a person who has received
             73      certification under Subsection 58-55-308 (2);
             74          [(9)] (i) a person practicing a specialty contractor classification or construction trade
             75      which is not classified by rule by the director as significantly impacting the public's health,
             76      safety, and welfare;
             77          [(10)] (j) owners and lessees of property and persons regularly employed for wages by
             78      owners or lessees of property or their agents for the purpose of maintaining the property, are
             79      exempt from this chapter when doing work upon the property;
             80          [(11) (a)] (j) (i) a person engaged in minor plumbing work incidental to the
             81      replacement or repair of a fixture or an appliance in a residential or small commercial building,
             82      or structure used for agricultural use, as defined in Section 58-56-4 , provided that no
             83      modification is made to:
             84          [(i)] (A) existing culinary water, soil, waste, or vent piping; or
             85          [(ii)] (B) a gas appliance or combustion system;
             86          [(b)] (ii) except as provided in Subsection [(5)] (1)(e), installation for the first time of a
             87      fixture or an appliance is not included in the exemption provided under Subsection [(11)(a)]

             88      (1)(k)(i);
             89          [(12)] (l) a person who ordinarily would be subject to the plumber licensure
             90      requirements [set forth in] under this chapter when installing or repairing a water conditioner or
             91      other water treatment apparatus if the conditioner or apparatus:
             92          [(a)] (i) meets the appropriate state construction codes or local plumbing standards; and
             93          [(b)] (ii) is installed or repaired under the direction of a person authorized to do [such]
             94      the work under an appropriate specialty contractor license;
             95          [(13)] (m) a person who ordinarily would be subject to the electrician licensure
             96      requirements [set forth in] under this chapter when employed by or under contract with:
             97          [(a)] (i) railroad corporations, telephone corporations or their corporate affiliates,
             98      elevator contractors or constructors, or street railway systems; or
             99          [(b)] (ii) public service corporations, rural electrification associations, or municipal
             100      utilities who generate, distribute, or sell electrical energy for light, heat, or power;
             101          [(14)] (n) a person involved in minor electrical work incidental to a mechanical or
             102      service installation; and
             103          [(15)] (o) a student participating in construction trade education and training programs
             104      approved by the commission with the concurrence of the director under the condition that:
             105          [(a)] (i) all work intended as a part of a finished product on which there would
             106      normally be an inspection by a building inspector is, in fact, inspected and found acceptable by
             107      a licensed building inspector; and
             108          [(b)] (ii) a licensed contractor obtains the necessary building permits.
             109          (2) h (a) h A h [ city, town or other municipal corporation ] COMPLIANCE AGENCY AS DEFINED IN
             109a      SECTION 58-56-3(4) h that issues a building permit to h ANY PERSON REQUESTING A PERMIT AS h
             109b      a sole
             110      owner of property referred to in Subsection (1)(d) shall notify the division, in writing or
             111      through electronic transmission, of the issuance of the permit.
             111e      SESSION. h
             112          Section 2. Section 58-55-308 is amended to read:
             113           58-55-308. Scope of practice -- Installation, repair, or replacement of gas
             114      appliance or combustion system -- Rules.

             115          (1) The commission, with the concurrence of the director, may adopt reasonable rules
             116      pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act, to define and limit the
             117      scope of practice and operating standards of the classifications and subclassifications licensed
             118      under this chapter in a manner consistent with established practice in the relevant industry.

             119      The commission and the director may limit the field and scope of operations of a licensee
             120      under this chapter in accordance with the rules and the public health, safety, and welfare, based
             121      on the licensee's education, training, experience, knowledge, and financial responsibility.
             122          (2) (a) The work and scope of practice covered by this Subsection (2) is the
             123      installation, repair, or replacement of a residential or commercial gas appliance or combustion
             124      system.
             125          (b) The provisions of this Subsection (2) apply to any:
             126          (i) licensee under this chapter whose license authorizes the licensee to perform the
             127      work described in Subsection (2)(a); and
             128          (ii) person exempt from licensure under Subsection 58-55-305 [(8)](1)(h).
             129          (c) Any person described in Subsection (2)(b) that performs work described in
             130      Subsection (2)(a):
             131          (i) must first receive training and certification as specified in rules adopted by the
             132      division; and
             133          (ii) shall ensure that any employee authorized under other provisions of this chapter to
             134      perform work described in Subsection (2)(a) has first received training and certification as
             135      specified in rules adopted by the division.
             136          (d) The division may exempt from the training requirements adopted under Subsection
             137      (2)(c) a person that has adequate experience, as determined by the division.
             138          (e) The division shall exempt from initial certification requirements adopted under
             139      Subsection (2)(c) a person who has passed a test equivalent to the level of testing required by
             140      the division for certification, or has completed an apprenticeship program that teaches the
             141      installation of gas line appliances and is approved by the Federal Bureau of Apprenticeship
             142      Training.
             143          (3) This section does not prohibit a licensed specialty contractor from accepting and
             144      entering into a contract involving the use of two or more crafts or trades if the performance of
             145      the work in the crafts or trades, other than that in which the contractor is licensed, is incidental
             146      and supplemental to the work for which the contractor is licensed.

[Bill Documents][Bills Directory]