S.B. 223 Enrolled

OVERSIGHT AND ENFORCEMENT OF WORK
DONE ON MOBILE HOMES
2005 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ed Mayne
House Sponsor: Neal B. Hendrickson

LONG TITLE
General Description:
This bill modifies the definition of construction trade in the Utah Construction Trades
Licensing Act.
Highlighted Provisions:
This bill:
. includes mobile homes and manufactured homes within the definition of structures
referred to in the Utah Construction Trades Licensing Act, thereby giving the
Division of Occupational and Professional Licensing oversight of construction
trades that construct, alter, remodel, or repair mobile or manufactured homes.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-55-102, as last amended by Chapters 39 and 75, Laws of Utah 2004

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, except
as provided in Subsection (1)(b).
(b) "Alarm business or company" does not include:
(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 Board, or Plumbers Licensing Board created in Section 58-55-201 .

(8) "Combustion system" means an assembly consisting of:
(a) piping and components with a means for conveying, either continuously or
intermittently, natural gas from the outlet of the natural gas provider's meter to the burner of the
appliance;
(b) the electric control and combustion air supply and venting systems; and
(c) 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) (i) 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] and
(ii) constructing, remodeling, or repairing a manufactured home or mobile home as
defined in Section 58-56-3 ; or
(b) installation or repair of a residential or commercial natural gas appliance or
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 the 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";
(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 on 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 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 work, mechanical work, and manufactured housing
installation, 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 work 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 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.

(b) A general engineering contractor may not perform construction of structures built
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:
(i) delivery of the water supply;
(ii) discharge of liquid and water carried waste; or
(iii) the building drainage system within the walls of the building.
(b) "Plumbing trade" includes work pertaining to the water supply, distribution pipes,
fixtures and fixture traps, 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, 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) 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 work, mechanical work, and manufactured
housing installation, 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
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) "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. 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 amounts due to 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.