H.B. 49 Enrolled

NATURAL GAS TECHNICIAN
CERTIFICATION
2004 GENERAL SESSION
STATE OF UTAH
Sponsor: Gordon E. Snow

LONG TITLE
General Description:
This bill modifies provisions of the Utah Construction Trades Licensing Act.
Highlighted Provisions:
This bill:
. modifies the definition of a combustion system;
. exempts from licensure a delivery person who replaces existing equipment with
certain new gas appliances; and
. provides an exemption from certification requirements for an individual installing,
repairing, or replacing a residential or commercial gas appliance or a combustion
system when under the supervision of a certified natural gas technician or a person
exempt from certification.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-55-102, as last amended by Chapters 33 and 241, Laws of Utah 2002
58-55-305, as last amended by Chapter 104, Laws of Utah 2003
58-55-308, as last amended by Chapter 104, Laws of Utah 2003

Be it enacted by the Legislature of the state of Utah:

Section 1. Section 58-55-102 is amended to read:
58-55-102. Definitions.
In addition to the definitions in Section 58-1-102 , as used in this chapter:
(1) (a) "Alarm business or company" means a person engaged in the sale, installation,
maintenance, alteration, repair, replacement, servicing, or monitoring of an alarm system.
(b) "Alarm business or company" does not include the activities of:
(i) a person engaged in the manufacture and sale of alarm systems when that person is not
engaged in the installation, maintenance, alteration, repair, replacement, servicing, or monitoring
of alarm systems, and the manufacture or sale occurs only at a place of business established by the
person engaged in the manufacture or sale and does not involve site visits at the place or intended
place of installation of an alarm system; or
(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.
(2) "Alarm company agent" means any individual employed within this state by a person
engaged in the alarm business.
(3) "Alarm system" means equipment and devices assembled for the purpose of:
(a) detecting and signaling unauthorized intrusion or entry into or onto certain premises;
or
(b) signaling a robbery or attempted robbery on protected premises.
(4) "Apprentice electrician" means a person licensed under this chapter as an apprentice
electrician who is learning the electrical trade under approved supervision of a master electrician,
residential master electrician, a journeyman electrician, or a residential journeyman electrician.
(5) "Apprentice plumber" means a person licensed under this chapter as an apprentice
plumber who is learning the plumbing trade under approved supervision of a journeyman plumber.
(6) "Approved supervision" means the immediate supervision of apprentices by qualified
licensed electricians or plumbers as a part of a planned program of training.
(7) "Board" means the Electrician Licensing Board, Alarm System Security and Licensing

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Board, or Plumbers Licensing Board created in Section 58-55-201 .
(8) "Combustion system" means an assembly consisting of piping and components with a
means for conveying natural gas from the [shutoff valve of the piping system nearest the gas
appliance] outlet of the natural gas provider's meter to the burner [and] of the appliance which
includes the electric control and combustion air supply and venting systems, either continuously or
intermittently, and that incorporates components intended to achieve control of quantity, flow,
and pressure.
(9) "Commission" means the Construction Services Commission created under Section
58-55-103 .
(10) "Construction trade" means any trade or occupation involving:
(a) 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; or
(b) installation or repair of a residential or commercial natural gas appliance or a
combustion system.
(11) "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 an instructor who
has no economic interest in the project.
(12) (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:
(i) a person who builds any structure on his own property for the purpose of sale or who
builds any structure intended for public use on his own property;
(ii) any person who represents himself to be a contractor by advertising or any other
means;
(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";

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(iv) any person engaged in any construction trade for which licensure is required under
this chapter; or
(v) a construction manager who performs management and counseling services on a
construction project for a fee.
(b) "Contractor" does not include an alarm company or alarm company agent.
(13) (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.
(b) "Electrical trade" does not include:
(i) transporting or handling electrical materials;
(ii) preparing clearance for raceways for wiring; or
(iii) work commonly done by unskilled labor or any installations under the exclusive
control of electrical utilities.
(c) For purposes of Subsection (13)(b):
(i) no more than one unlicensed person may be so employed unless more than five
licensed electricians are employed by the shop; and
(ii) a shop may not employ unlicensed persons in excess of the five-to-one ratio permitted
by this Subsection (13)(c).
(14) "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.
(15) "Engage in a construction trade" means to:
(a) engage in, represent oneself to be engaged in, or advertise oneself as being engaged in
a construction trade; or
(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.
(16) (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

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that an applicant or licensee can successfully engage in business as a contractor without jeopardy
to the public health, safety, and welfare.
(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.
(17) "Gas appliance" means any device that uses natural gas to produce light, heat,
power, steam, hot water, refrigeration, or air conditioning.
(18) (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, and mechanical, 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 and hire a licensed plumber or electrician
as an employee.
(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.
(19) (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 construction of fixed works in any or all of the following: irrigation, drainage, water,
power, water supply, flood control, inland waterways, harbors, railroads, highways, tunnels,
airports and runways, sewers and bridges, refineries, pipelines, chemical and industrial plants
requiring specialized engineering knowledge and skill, piers, and foundations, or any of the
components of those works. [However, a]
(b) A general engineering contractor may not perform construction of structures built

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primarily for the support, shelter, and enclosure of persons, animals, and chattels.
(20) "Immediate supervision" means reasonable direction, oversight, inspection, and
evaluation of the work of a person, in or out of the immediate presence of the supervising person,
so as to ensure that the end result complies with applicable standards.
(21) "Individual" means a natural person.
(22) "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.
(23) "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.
(24) "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.
(25) "Person" means a natural person, sole proprietorship, joint venture, corporation,
limited liability company, association, or organization of any type.
(26) (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 delivery of the
water supply, discharge of liquid and water carried waste, or the building drainage system within
the walls of the building.
(b) It includes that work pertaining to the water supply, distribution pipes, fixtures, and
fixture traps, the soil, waste and vent pipes, and the building drain and roof drains together with
their devices, appurtenances, and connections where installed within the outside walls of the
building.
(27) (a) "Ratio of apprentices" means, for the purpose of determining compliance with the
requirements for planned programs of training and electrician apprentice licensing applications,

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the shop ratio of apprentice electricians to journeyman or master electricians shall be one
journeyman or master electrician to one apprentice on industrial and commercial work, and one
journeyman or master electrician to three apprentices on residential work.
(b) All on-the-job training shall be under circumstances in which the ratio of apprentices
to supervisors is in accordance with a ratio of one-to-one on nonresidential work and up to three
apprentices to one supervisor on residential projects.
(28) "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, and mechanical, 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.
(29) "Residential apprentice plumber" means a person licensed under this chapter as a
residential apprentice plumber who is learning the residential plumbing trade while working on
residential buildings under the approved supervision of a residential journeyman plumber or a
journeyman plumber.
(30) "Residential building," as it relates to the license classification of residential
apprentice plumber and residential journeyman plumber, means a single or multiple family
dwelling of up to four units.
(31) "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.
(32) "Residential journeyman plumber" means a person licensed under this chapter as a

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residential journeyman plumber having the qualifications, training, experience, and knowledge to
engage in the plumbing trade as limited to the plumbing of residential buildings.
(33) "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.
(34) "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.
(35) (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.
(b) A specialty contractor may perform work in crafts or trades other than those in which
he is licensed if they are incidental to the performance of his licensed craft or trade.
(36) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-55-501 .
(37) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-55-502 and as
may be further defined by rule.
(38) "Wages" means all amounts due 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.
Section 2. 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:

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(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;
(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;
(c) public utilities operating under the rules of the Public Service Commission on
construction work incidental to their own business;
(d) sole owners of property engaged in building:
(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, a
person other than the property owner or individuals described in Subsection (1)(e), who engages
in building the structure must be licensed under this chapter if the person is otherwise required to
be licensed under this chapter; or
(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
garages;
(e) (i) a person engaged in construction or renovation of a residential building for
noncommercial, nonpublic use if that person:
(A) works without compensation other than token compensation that is not considered
salary or wages; and
(B) works under the direction of the property owner who engages in building the
structure;
(ii) for purposes of 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

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exempted from licensure under this Subsection (1)(e), that is:
(A) minimal in value when compared with the fair market value of the services provided
by the person;
(B) not related to the fair market value of the services provided by the person; and
(C) is incidental to 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;
(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;
(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;
(h) (i) 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 $1,000, including both
labor and materials, and including all changes or additions to the contracted or agreed upon work;
(ii) notwithstanding Subsection (1)(h)(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
(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) except as otherwise provided in Subsection 58-55-308 (2)(d) or
58-55-308 (3);
(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;
(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

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this chapter when doing work upon the property;
(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:
(A) existing culinary water, soil, waste, or vent piping; or
(B) a gas appliance or combustion system;
(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);
(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:
(i) meets the appropriate state construction codes or local plumbing standards; and
(ii) is installed or repaired under the direction of a person authorized to do the work
under an appropriate specialty contractor license;
(m) a person who ordinarily would be subject to the electrician licensure requirements
under this chapter when employed by or under contract with:
(i) railroad corporations, telephone corporations or their corporate affiliates, elevator
contractors or constructors, or street railway systems; or
(ii) public service corporations, rural electrification associations, or municipal utilities
who generate, distribute, or sell electrical energy for light, heat, or power;
(n) a person involved in minor electrical work incidental to a mechanical or service
installation; [and]
(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:
(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
(ii) a licensed contractor obtains the necessary building permits[.]; and

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(p) 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:
(i) gas range;
(ii) gas dryer;
(iii) outdoor gas barbeque; or
(iv) outdoor gas patio heater.
(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
termination of the requirement, to the Legislature's Business and Labor Interim Committee prior
to the 2008 General Session.
Section 3. 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) (a) 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.
(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.
(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

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described in Subsection (2)(a); and
(ii) person exempt from licensure under Subsection 58-55-305 (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)] (3) The division [shall] may exempt the following individuals from [initial] the
certification requirements adopted under Subsection (2)(c):
(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
(b) a person working under the immediate one-to-one supervision of a certified natural
gas technician or a person exempt from certification.
[(3)] (4) 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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