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H.B. 52 Enrolled





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:
                  Other Special Clauses:
                  Utah Code Sections Affected:
                      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
                      (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
                      (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
                      (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
                      (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

                      (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
                      (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.

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