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S.B. 194

             1     

PLUMBING APPRENTICE AMENDMENTS

             2     
2004 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Sponsor: Parley G. Hellewell

             5     
             6      LONG TITLE
             7      General Description:
             8          This bill modifies provisions related to the training and licensing of apprentice
             9      plumbers.
             10      Highlighted Provisions:
             11          This bill:
             12          .    modifies the definition of ratio of apprentices, for the purpose of determining
             13      compliance with the planned programs of training and apprentice licensing
             14      applications, by having the same ratios apply for plumbing apprentices as currently
             15      apply to electrician apprentices; and
             16          .    provides an exception for apprentices working with journeymen employed by a
             17      plumbing service company.
             18      Monies Appropriated in this Bill:
             19          None
             20      Other Special Clauses:
             21          None
             22      Utah Code Sections Affected:
             23      AMENDS:
             24          58-55-102, as last amended by Chapters 33 and 241, Laws of Utah 2002
             25     
             26      Be it enacted by the Legislature of the state of Utah:
             27          Section 1. Section 58-55-102 is amended to read:


             28           58-55-102. Definitions.
             29          In addition to the definitions in Section 58-1-102 , as used in this chapter:
             30          (1) (a) "Alarm business or company" means a person engaged in the sale, installation,
             31      maintenance, alteration, repair, replacement, servicing, or monitoring of an alarm system.
             32          (b) "Alarm business or company" does not include the activities of:
             33          (i) a person engaged in the manufacture and sale of alarm systems when that person is
             34      not engaged in the installation, maintenance, alteration, repair, replacement, servicing, or
             35      monitoring of alarm systems, and the manufacture or sale occurs only at a place of business
             36      established by the person engaged in the manufacture or sale and does not involve site visits at
             37      the place or intended place of installation of an alarm system; or
             38          (ii) an owner of an alarm system, or an employee of the owner of an alarm system who
             39      is engaged in installation, maintenance, alteration, repair, replacement, servicing, or monitoring
             40      of the alarm system owned by that owner.
             41          (2) "Alarm company agent" means any individual employed within this state by a
             42      person engaged in the alarm business.
             43          (3) "Alarm system" means equipment and devices assembled for the purpose of:
             44          (a) detecting and signaling unauthorized intrusion or entry into or onto certain
             45      premises; or
             46          (b) signaling a robbery or attempted robbery on protected premises.
             47          (4) "Apprentice electrician" means a person licensed under this chapter as an
             48      apprentice electrician who is learning the electrical trade under approved supervision of a
             49      master electrician, residential master electrician, a journeyman electrician, or a residential
             50      journeyman electrician.
             51          (5) "Apprentice plumber" means a person licensed under this chapter as an apprentice
             52      plumber who is learning the plumbing trade under approved supervision of a journeyman
             53      plumber.
             54          (6) "Approved supervision" means the immediate supervision of apprentices by
             55      qualified licensed electricians or plumbers as a part of a planned program of training.
             56          (7) "Board" means the Electrician Licensing Board, Alarm System Security and
             57      Licensing Board, or Plumbers Licensing Board created in Section 58-55-201 .
             58          (8) "Combustion system" means an assembly consisting of components with a means


             59      for conveying natural gas from the shutoff valve of the piping system nearest the gas appliance
             60      to the burner and includes electric control and combustion air supply and venting systems,
             61      either continuously or intermittently, and that incorporates components intended to achieve
             62      control of quantity, flow, and pressure.
             63          (9) "Commission" means the Construction Services Commission created under Section
             64      58-55-103 .
             65          (10) "Construction trade" means any trade or occupation involving:
             66          (a) construction, alteration, remodeling, repairing, wrecking or demolition, addition to,
             67      or improvement of any building, highway, road, railroad, dam, bridge, structure, excavation or
             68      other project, development, or improvement to other than personal property; or
             69          (b) installation or repair of a residential or commercial natural gas appliance or a
             70      combustion system.
             71          (11) "Construction trades instructor" means a person licensed under this chapter to
             72      teach one or more construction trades in both a classroom and project environment, where a
             73      project is intended for sale to or use by the public and is completed under the direction of an
             74      instructor who has no economic interest in the project.
             75          (12) (a) "Contractor" means any person who for compensation other than wages as an
             76      employee undertakes any work in the construction, plumbing, or electrical trade for which
             77      licensure is required under this chapter and includes:
             78          (i) a person who builds any structure on his own property for the purpose of sale or
             79      who builds any structure intended for public use on his own property;
             80          (ii) any person who represents himself to be a contractor by advertising or any other
             81      means;
             82          (iii) any person engaged as a maintenance person, other than an employee, who
             83      regularly engages in activities set forth under the definition of "construction trade";
             84          (iv) any person engaged in any construction trade for which licensure is required under
             85      this chapter; or
             86          (v) a construction manager who performs management and counseling services on a
             87      construction project for a fee.
             88          (b) "Contractor" does not include an alarm company or alarm company agent.
             89          (13) (a) "Electrical trade" means the performance of any electrical work involved in the


             90      installation, construction, alteration, change, repair, removal, or maintenance of facilities,
             91      buildings, or appendages or appurtenances.
             92          (b) "Electrical trade" does not include:
             93          (i) transporting or handling electrical materials;
             94          (ii) preparing clearance for raceways for wiring; or
             95          (iii) work commonly done by unskilled labor or any installations under the exclusive
             96      control of electrical utilities.
             97          (c) For purposes of Subsection (13)(b):
             98          (i) no more than one unlicensed person may be so employed unless more than five
             99      licensed electricians are employed by the shop; and
             100          (ii) a shop may not employ unlicensed persons in excess of the five-to-one ratio
             101      permitted by this Subsection (13)(c).
             102          (14) "Employee" means an individual as defined by the division by rule giving
             103      consideration to the definition adopted by the Internal Revenue Service and the Department of
             104      Workforce Services.
             105          (15) "Engage in a construction trade" means to:
             106          (a) engage in, represent oneself to be engaged in, or advertise oneself as being engaged
             107      in a construction trade; or
             108          (b) use the name "contractor" or "builder" or in any other way lead a reasonable person
             109      to believe one is or will act as a contractor.
             110          (16) "Financial responsibility" means a demonstration of a current and expected future
             111      condition of financial solvency evidencing a reasonable expectation to the division and the
             112      board that an applicant or licensee can successfully engage in business as a contractor without
             113      jeopardy to the public health, safety, and welfare. Financial responsibility may be determined
             114      by an evaluation of the total history concerning the licensee or applicant including past,
             115      present, and expected condition and record of financial solvency and business conduct.
             116          (17) "Gas appliance" means any device that uses natural gas to produce light, heat,
             117      power, steam, hot water, refrigeration, or air conditioning.
             118          (18) "General building contractor" means a person licensed under this chapter as a
             119      general building contractor qualified by education, training, experience, and knowledge to
             120      perform or superintend construction of structures for the support, shelter, and enclosure of


             121      persons, animals, chattels, or movable property of any kind or any of the components of that
             122      construction except plumbing, electrical, and mechanical, for which the general building
             123      contractor shall employ the services of a contractor licensed in the particular specialty, except
             124      that a general building contractor engaged in the construction of single-family and multifamily
             125      residences up to four units may perform the mechanical and hire a licensed plumber or
             126      electrician as an employee. The division may by rule exclude general building contractors
             127      from engaging in the performance of other construction specialties in which there is
             128      represented a substantial risk to the public health, safety, and welfare, and for which a license is
             129      required unless that general building contractor holds a valid license in that specialty
             130      classification.
             131          (19) "General engineering contractor" means a person licensed under this chapter as a
             132      general engineering contractor qualified by education, training, experience, and knowledge to
             133      perform construction of fixed works in any or all of the following: irrigation, drainage, water,
             134      power, water supply, flood control, inland waterways, harbors, railroads, highways, tunnels,
             135      airports and runways, sewers and bridges, refineries, pipelines, chemical and industrial plants
             136      requiring specialized engineering knowledge and skill, piers, and foundations, or any of the
             137      components of those works. However, a general engineering contractor may not perform
             138      construction of structures built primarily for the support, shelter, and enclosure of persons,
             139      animals, and chattels.
             140          (20) "Immediate supervision" means reasonable direction, oversight, inspection, and
             141      evaluation of the work of a person, in or out of the immediate presence of the supervising
             142      person, so as to ensure that the end result complies with applicable standards.
             143          (21) "Individual" means a natural person.
             144          (22) "Journeyman electrician" means a person licensed under this chapter as a
             145      journeyman electrician having the qualifications, training, experience, and knowledge to wire,
             146      install, and repair electrical apparatus and equipment for light, heat, power, and other purposes.
             147          (23) "Journeyman plumber" means a person licensed under this chapter as a
             148      journeyman plumber having the qualifications, training, experience, and technical knowledge
             149      to engage in the plumbing trade.
             150          (24) "Master electrician" means a person licensed under this chapter as a master
             151      electrician having the qualifications, training, experience, and knowledge to properly plan,


             152      layout, and supervise the wiring, installation, and repair of electrical apparatus and equipment
             153      for light, heat, power, and other purposes.
             154          (25) "Person" means a natural person, sole proprietorship, joint venture, corporation,
             155      limited liability company, association, or organization of any type.
             156          (26) "Plumbing trade" means the performance of any mechanical work pertaining to
             157      the installation, alteration, change, repair, removal, maintenance, or use in buildings or within
             158      three feet beyond the outside walls of buildings of pipes, fixtures, and fittings for delivery of
             159      the water supply, discharge of liquid and water carried waste, or the building drainage system
             160      within the walls of the building. It includes that work pertaining to the water supply,
             161      distribution pipes, fixtures, and fixture traps, the soil, waste and vent pipes, and the building
             162      drain and roof drains together with their devices, appurtenances, and connections where
             163      installed within the outside walls of the building.
             164          (27) "Ratio of apprentices" means[,]:
             165          (a) for the purpose of determining compliance with the requirements for planned
             166      programs of training and electrician apprentice licensing applications, the shop ratio of
             167      apprentice electricians to journeyman or master electricians shall be one journeyman or master
             168      electrician to one apprentice on industrial and commercial work, and one journeyman or master
             169      electrician to three apprentices on residential work[.]; and
             170          (b) (i) for the purpose of determining compliance with the planned programs of
             171      training and plumbing apprentice licensing applications, the shop ratio of apprentice plumbers
             172      to journeyman plumbers shall be one journeyman plumber to one apprentice on industrial and
             173      commercial work and one journeyman to three apprentices on residential work if the
             174      journeyman is working for a new construction plumbing company; and
             175          (ii) the shop ratio increases to one journeyman to ten apprentices on residential and
             176      commercial work that does not involve new construction if the journeyman is working for a
             177      plumbing service company. For purposes of this Subsection (27)(b)(ii), plumbing service
             178      company means a business entity that does at least 75% of its plumbing business repairing,
             179      servicing, or replacing existing plumbing fixtures as opposed to plumbing related to new
             180      construction. All on-the-job training shall be under circumstances in which the ratio of
             181      apprentices to supervisors is in accordance with a ratio of one-to-one on nonresidential work
             182      and up to three apprentices to one supervisor on residential projects, except as otherwise


             183      provided in this Subsection (27)(b)(ii).
             184          (28) "Residential and small commercial contractor" means a person licensed under this
             185      chapter as a residential and small commercial contractor qualified by education, training,
             186      experience, and knowledge to perform or superintend the construction of single-family
             187      residences, multifamily residences up to four units, and commercial construction of not more
             188      than three stories above ground and not more than 20,000 square feet, or any of the components
             189      of that construction except plumbing, electrical, and mechanical, for which the residential and
             190      small commercial contractor shall employ the services of a contractor licensed in the particular
             191      specialty, except that a residential and small commercial contractor engaged in the construction
             192      of single-family and multifamily residences up to four units may perform the mechanical work
             193      and hire a licensed plumber or electrician as an employee.
             194          (29) "Residential apprentice plumber" means a person licensed under this chapter as a
             195      residential apprentice plumber who is learning the residential plumbing trade while working on
             196      residential buildings under the approved supervision of a residential journeyman plumber or a
             197      journeyman plumber.
             198          (30) "Residential building," as it relates to the license classification of residential
             199      apprentice plumber and residential journeyman plumber, means a single or multiple family
             200      dwelling of up to four units.
             201          (31) "Residential journeyman electrician" means a person licensed under this chapter
             202      as a residential journeyman electrician having the qualifications, training, experience, and
             203      knowledge to wire, install, and repair electrical apparatus and equipment for light, heat, power,
             204      and other purposes on buildings using primarily nonmetallic sheath cable.
             205          (32) "Residential journeyman plumber" means a person licensed under this chapter as a
             206      residential journeyman plumber having the qualifications, training, experience, and knowledge
             207      to engage in the plumbing trade as limited to the plumbing of residential buildings.
             208          (33) "Residential master electrician" means a person licensed under this chapter as a
             209      residential master electrician having the qualifications, training, experience, and knowledge to
             210      properly plan, layout, and supervise the wiring, installation, and repair of electrical apparatus
             211      and equipment for light, heat, power, and other purposes on residential projects.
             212          (34) "Residential project," as it relates to an electrician or electrical contractor, means
             213      buildings primarily wired with nonmetallic sheathed cable, in accordance with standard rules


             214      and regulations governing this work, including the National Electrical Code, and in which the
             215      voltage does not exceed 250 volts line to line and 125 volts to ground.
             216          (35) "Specialty contractor" means a person licensed under this chapter under a
             217      specialty contractor classification established by rule, who is qualified by education, training,
             218      experience, and knowledge to perform those construction trades and crafts requiring
             219      specialized skill the regulation of which are determined by the division to be in the best interest
             220      of the public health, safety, and welfare. A specialty contractor may perform work in crafts or
             221      trades other than those in which he is licensed if they are incidental to the performance of his
             222      licensed craft or trade.
             223          (36) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-55-501 .
             224          (37) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-55-502 and as
             225      may be further defined by rule.
             226          (38) "Wages" means all amounts due an employee for labor or services whether the
             227      amount is fixed or ascertained on a time, task, piece, commission, or other basis for calculating
             228      the amount.




Legislative Review Note
    as of 2-10-04 11:05 AM


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

Office of Legislative Research and General Counsel


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