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H.B. 48 Enrolled






Sponsor: Stephen H. Urquhart

                  This act amends the Utah Construction Trade Licensing Act by requiring compliance
                  agencies to notify the Division of Occupational and Professional Licensing upon the
                  issuance of building permits to sole owners of property who may qualify for a licensure
                  exemption for sole owners of property.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                      58-55-305, as last amended by Chapters 33 and 241, Laws of Utah 2002
                      58-55-308, as last amended by Chapters 33 and 241, Laws of Utah 2002
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 58-55-305 is amended to read:
                       58-55-305. Exemptions from licensure.
                      (1) In addition to the exemptions from licensure in Section 58-1-307 , 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:
                      [(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 [his] the person's trust, office,
                  or employment;
                      [(2)] (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, hauling to and from construction sites, and lumbering;
                      [(3)] (c) public utilities operating under the rules of the Public Service Commission on

                  construction work incidental to their own business;
                      [(4)] (d) sole owners of property engaged in building:
                      [(a)] (i) no more than one residential structure per year and no more than three residential
                  structures per five years on their property for their own noncommercial, nonpublic use; except,
                  [any] a person other than the property owner or individuals described in Subsection [(5)] (1)(e),
                  who engages in building the structure must be licensed under this chapter if [he] the person is
                  otherwise required to be licensed under this chapter; or
                      [(b)] (ii) structures on their property for their own noncommercial, nonpublic use which
                  are incidental to a residential structure on the property, including sheds, carports, or detached
                      [(5) (a) an individual] (e) (i) a person engaged in construction or renovation of a
                  residential building for noncommercial, nonpublic use if that person:
                      [(i)] (A) works without compensation other than token compensation that is not
                  considered salary or wages; and
                      [(ii)] (B) works under the direction of the property owner who engages in building the
                      [(b)] (ii) for purposes of this Subsection [(5)] (1)(e), "token compensation" means
                  compensation paid by a sole owner of property exempted from licensure under Subsection [(4)]
                  (1)(d) to [an individual] a person exempted from licensure under this Subsection [(5)] (1)(e), that
                      [(i)] (A) minimal in value when compared with the fair market value of the services
                  provided by the [individual] person;
                      [(ii)] (B) not related to the fair market value of the services provided by the [individual]
                  person; and
                      [(iii)] (C) is incidental to providing of services by the [individual] person including
                  paying for or providing meals or refreshment while services are being provided, or paying
                  reasonable transportation costs incurred by the [individual] person in travel to the site of

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                      [(6)] (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;
                      [(7)] (g) a contractor submitting a bid on a federal aid highway project, if, before
                  undertaking [any] construction under that bid, the contractor is licensed under this chapter;
                      [(8) (a)] (h) (i) a person engaged in the alteration, repair, remodeling, or addition to or
                  improvement of [any] a building with a contracted or agreed value of less than $1,000, including
                  both labor and materials, and including all changes or additions to the contracted or agreed upon
                      [(b)] (ii) notwithstanding Subsection [(8)(a)] (1)(h)(i):
                      [(i)] (A) work in the plumbing and electrical trades must be performed by a licensed
                  electrician or plumber except as otherwise provided in this section; and
                      [(ii)] (B) installation, repair, or replacement of a residential or commercial gas appliance
                  or a combustion system must be performed by a person who has received certification under
                  Subsection 58-55-308 (2);
                      [(9)] (i) a person practicing a specialty contractor classification or construction trade
                  which is not classified by rule by the director as significantly impacting the public's health,
                  safety, and welfare;
                      [(10)] (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;
                      [(11) (a)] (k) (i) a person engaged in minor plumbing work incidental to the replacement
                  or repair of a fixture or an appliance in a residential or small commercial building, or structure
                  used for agricultural use, as defined in Section 58-56-4 , provided that no modification is made to:
                      [(i)] (A) existing culinary water, soil, waste, or vent piping; or
                      [(ii)] (B) a gas appliance or combustion system;
                      [(b)] (ii) except as provided in Subsection [(5)] (1)(e), installation for the first time of a

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                  fixture or an appliance is not included in the exemption provided under Subsection [(11)(a)]
                      [(12)] (l) a person who ordinarily would be subject to the plumber licensure requirements
                  [set forth in] under this chapter when installing or repairing a water conditioner or other water
                  treatment apparatus if the conditioner or apparatus:
                      [(a)] (i) meets the appropriate state construction codes or local plumbing standards; and
                      [(b)] (ii) is installed or repaired under the direction of a person authorized to do [such]
                  the work under an appropriate specialty contractor license;
                      [(13)] (m) a person who ordinarily would be subject to the electrician licensure
                  requirements [set forth in] under this chapter when employed by or under contract with:
                      [(a)] (i) railroad corporations, telephone corporations or their corporate affiliates,
                  elevator contractors or constructors, or street railway systems; or
                      [(b)] (ii) public service corporations, rural electrification associations, or municipal
                  utilities who generate, distribute, or sell electrical energy for light, heat, or power;
                      [(14)] (n) a person involved in minor electrical work incidental to a mechanical or
                  service installation; and
                      [(15)] (o) a student participating in construction trade education and training programs
                  approved by the commission with the concurrence of the director under the condition that:
                      [(a)] (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
                      [(b)] (ii) a licensed contractor obtains the necessary building permits.
                      (2) (a) A compliance agency as defined in Subsection 58-56-3 (4) that issues a building
                  permit to any 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.
                      (b) The division shall evaluate the effectiveness of the notification requirement under
                  Subsection (2)(a) and report its findings, including any recommendations for modification to or

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                  termination of the requirement, to the Legislature's Business and Labor Interim Committee prior
                  to the 2008 General Session.
                      Section 2. Section 58-55-308 is amended to read:
                       58-55-308. Scope of practice -- Installation, repair, or replacement of gas appliance
                  or combustion system -- Rules.
                      (1) The commission, with the concurrence of the director, may adopt reasonable rules
                  pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act, 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. 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.
                      (2) (a) The work and scope of practice covered by this Subsection (2) is the installation,
                  repair, or replacement of a residential or commercial gas appliance or combustion system.
                      (b) The provisions of this Subsection (2) apply to any:
                      (i) licensee under this chapter whose license authorizes the licensee to perform the work
                  described in Subsection (2)(a); and
                      (ii) person exempt from licensure under Subsection 58-55-305 [(8)](1)(h).
                      (c) Any person described in Subsection (2)(b) that performs work described in
                  Subsection (2)(a):
                      (i) must first receive training and certification as specified in rules adopted by the
                  division; and
                      (ii) shall ensure that any employee authorized under other provisions of this chapter to
                  perform work described in Subsection (2)(a) has first received training and certification as
                  specified in rules adopted by the division.
                      (d) The division may exempt from the training requirements adopted under Subsection
                  (2)(c) a person that has adequate experience, as determined by the division.
                      (e) The division shall exempt from initial certification requirements adopted under

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                  Subsection (2)(c) 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
                      (3) 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.

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