H.B. 52 Enrolled

FIRE PREVENTION AMENDMENTS
2005 GENERAL SESSION
STATE OF UTAH
Sponsor: Joseph G. Murray

LONG TITLE
General Description:
This bill amends the provisions regarding exemptions from licensure related to
construction trade services.
Highlighted Provisions:
This bill:
. requires that installation, repair, or replacement of a water-based fire protection
system as a building improvement must be provided by a licensed contractor, even
if the value of the of the improvement is less than $1,000.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-55-305, as last amended by Chapters 39 and 191, Laws of Utah 2004

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:
(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, as defined in Subsection 73-3-24 (3), 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

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); and
(C) installation, repair, or replacement of water-based fire protection systems must be
performed by a licensed fire suppression systems contractor or a licensed journeyman plumber;
(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 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; and
(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;
(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
(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.