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H.B. 401

             1     

MASTER PLUMBER LICENSING

             2     
2008 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Chief Sponsor: James A. Dunnigan

             5     
Senate Sponsor: Scott K. Jenkins

             6     
             7      LONG TITLE
             8      General Description:
             9          This bill modifies provisions of the Utah Construction Trades Licensing Act by
             10      providing for new license classifications of master plumber and residential master
             11      plumber in the plumbing trade.
             12      Highlighted Provisions:
             13          This bill:
             14          .    defines "master plumber" and "residential master plumber" for the purpose of
             15      license classification in the plumbing trade;
             16          .    modifies provisions related to the composition of the Plumbers Licensing Board;
             17          .    recognizes master plumbers and residential master plumbers as license
             18      classifications under the Utah Construction Trades Licensing Act;
             19          .    provides educational and practical experience qualifications for licensure as a
             20      master plumber and residential master plumber; and
             21          .    makes certain technical changes.
             22      Monies Appropriated in this Bill:
             23          None
             24      Other Special Clauses:
             25          None
             26      Utah Code Sections Affected:
             27      AMENDS:


             28          58-55-102, as last amended by Laws of Utah 2006, Chapter 73
             29          58-55-201, as last amended by Laws of Utah 2002, Chapter 241
             30          58-55-301, as last amended by Laws of Utah 2000, Chapter 317
             31          58-55-302, as last amended by Laws of Utah 2006, Chapter 122
             32     
             33      Be it enacted by the Legislature of the state of Utah:
             34          Section 1. Section 58-55-102 is amended to read:
             35           58-55-102. Definitions.
             36          In addition to the definitions in Section 58-1-102 , as used in this chapter:
             37          (1) (a) "Alarm business or company" means a person engaged in the sale, installation,
             38      maintenance, alteration, repair, replacement, servicing, or monitoring of an alarm system,
             39      except as provided in Subsection (1)(b).
             40          (b) "Alarm business or company" does not include:
             41          (i) a person engaged in the manufacture and sale of alarm systems when that person is
             42      not engaged in the installation, maintenance, alteration, repair, replacement, servicing, or
             43      monitoring of alarm systems, and the manufacture or sale occurs only at a place of business
             44      established by the person engaged in the manufacture or sale and does not involve site visits at
             45      the place or intended place of installation of an alarm system; or
             46          (ii) an owner of an alarm system, or an employee of the owner of an alarm system who
             47      is engaged in installation, maintenance, alteration, repair, replacement, servicing, or monitoring
             48      of the alarm system owned by that owner.
             49          (2) "Alarm company agent" means any individual employed within this state by a
             50      person engaged in the alarm business.
             51          (3) "Alarm system" means equipment and devices assembled for the purpose of:
             52          (a) detecting and signaling unauthorized intrusion or entry into or onto certain
             53      premises; or
             54          (b) signaling a robbery or attempted robbery on protected premises.
             55          (4) "Apprentice electrician" means a person licensed under this chapter as an
             56      apprentice electrician who is learning the electrical trade under approved supervision of a
             57      master electrician, residential master electrician, a journeyman electrician, or a residential
             58      journeyman electrician.


             59          (5) "Apprentice plumber" means a person licensed under this chapter as an apprentice
             60      plumber who is learning the plumbing trade under approved supervision of a master plumber,
             61      residential master plumber, journeyman plumber, or a residential journeyman plumber.
             62          (6) "Approved supervision" means the immediate supervision of apprentices by
             63      qualified licensed electricians or plumbers as a part of a planned program of training.
             64          (7) "Board" means the Electrician Licensing Board, Alarm System Security and
             65      Licensing Board, or Plumbers Licensing Board created in Section 58-55-201 .
             66          (8) "Combustion system" means an assembly consisting of:
             67          (a) piping and components with a means for conveying, either continuously or
             68      intermittently, natural gas from the outlet of the natural gas provider's meter to the burner of the
             69      appliance;
             70          (b) the electric control and combustion air supply and venting systems, including air
             71      ducts; and
             72          (c) components intended to achieve control of quantity, flow, and pressure.
             73          (9) "Commission" means the Construction Services Commission created under Section
             74      58-55-103 .
             75          (10) "Construction trade" means any trade or occupation involving:
             76          (a) (i) construction, alteration, remodeling, repairing, wrecking or demolition, addition
             77      to, or improvement of any building, highway, road, railroad, dam, bridge, structure, excavation
             78      or other project, development, or improvement to other than personal property; and
             79          (ii) constructing, remodeling, or repairing a manufactured home or mobile home as
             80      defined in Section 58-56-3 ; or
             81          (b) installation or repair of a residential or commercial natural gas appliance or
             82      combustion system.
             83          (11) "Construction trades instructor" means a person licensed under this chapter to
             84      teach one or more construction trades in both a classroom and project environment, where a
             85      project is intended for sale to or use by the public and is completed under the direction of the
             86      instructor, who has no economic interest in the project.
             87          (12) (a) "Contractor" means any person who for compensation other than wages as an
             88      employee undertakes any work in the construction, plumbing, or electrical trade for which
             89      licensure is required under this chapter and includes:


             90          (i) a person who builds any structure on his own property for the purpose of sale or
             91      who builds any structure intended for public use on his own property;
             92          (ii) any person who represents himself to be a contractor by advertising or any other
             93      means;
             94          (iii) any person engaged as a maintenance person, other than an employee, who
             95      regularly engages in activities set forth under the definition of "construction trade";
             96          (iv) any person engaged in any construction trade for which licensure is required under
             97      this chapter; or
             98          (v) a construction manager who performs management and counseling services on a
             99      construction project for a fee.
             100          (b) "Contractor" does not include an alarm company or alarm company agent.
             101          (13) (a) "Electrical trade" means the performance of any electrical work involved in the
             102      installation, construction, alteration, change, repair, removal, or maintenance of facilities,
             103      buildings, or appendages or appurtenances.
             104          (b) "Electrical trade" does not include:
             105          (i) transporting or handling electrical materials;
             106          (ii) preparing clearance for raceways for wiring; or
             107          (iii) work commonly done by unskilled labor on any installations under the exclusive
             108      control of electrical utilities.
             109          (c) For purposes of Subsection (13)(b):
             110          (i) no more than one unlicensed person may be so employed unless more than five
             111      licensed electricians are employed by the shop; and
             112          (ii) a shop may not employ unlicensed persons in excess of the five-to-one ratio
             113      permitted by this Subsection (13)(c).
             114          (14) "Employee" means an individual as defined by the division by rule giving
             115      consideration to the definition adopted by the Internal Revenue Service and the Department of
             116      Workforce Services.
             117          (15) "Engage in a construction trade" means to:
             118          (a) engage in, represent oneself to be engaged in, or advertise oneself as being engaged
             119      in a construction trade; or
             120          (b) use the name "contractor" or "builder" or in any other way lead a reasonable person


             121      to believe one is or will act as a contractor.
             122          (16) (a) "Financial responsibility" means a demonstration of a current and expected
             123      future condition of financial solvency evidencing a reasonable expectation to the division and
             124      the board that an applicant or licensee can successfully engage in business as a contractor
             125      without jeopardy to the public health, safety, and welfare.
             126          (b) Financial responsibility may be determined by an evaluation of the total history
             127      concerning the licensee or applicant including past, present, and expected condition and record
             128      of financial solvency and business conduct.
             129          (17) "Gas appliance" means any device that uses natural gas to produce light, heat,
             130      power, steam, hot water, refrigeration, or air conditioning.
             131          (18) (a) "General building contractor" means a person licensed under this chapter as a
             132      general building contractor qualified by education, training, experience, and knowledge to
             133      perform or superintend construction of structures for the support, shelter, and enclosure of
             134      persons, animals, chattels, or movable property of any kind or any of the components of that
             135      construction except plumbing, electrical work, mechanical work, and manufactured housing
             136      installation, for which the general building contractor shall employ the services of a contractor
             137      licensed in the particular specialty, except that a general building contractor engaged in the
             138      construction of single-family and multifamily residences up to four units may perform the
             139      mechanical work and hire a licensed plumber or electrician as an employee.
             140          (b) The division may by rule exclude general building contractors from engaging in the
             141      performance of other construction specialties in which there is represented a substantial risk to
             142      the public health, safety, and welfare, and for which a license is required unless that general
             143      building contractor holds a valid license in that specialty classification.
             144          (19) (a) "General engineering contractor" means a person licensed under this chapter as
             145      a general engineering contractor qualified by education, training, experience, and knowledge to
             146      perform construction of fixed works in any of the following: irrigation, drainage, water, power,
             147      water supply, flood control, inland waterways, harbors, railroads, highways, tunnels, airports
             148      and runways, sewers and bridges, refineries, pipelines, chemical and industrial plants requiring
             149      specialized engineering knowledge and skill, piers, and foundations, or any of the components
             150      of those works.
             151          (b) A general engineering contractor may not perform construction of structures built


             152      primarily for the support, shelter, and enclosure of persons, animals, and chattels.
             153          (20) "Immediate supervision" means reasonable direction, oversight, inspection, and
             154      evaluation of the work of a person, in or out of the immediate presence of the supervising
             155      person, so as to ensure that the end result complies with applicable standards.
             156          (21) "Individual" means a natural person.
             157          (22) "Journeyman electrician" means a person licensed under this chapter as a
             158      journeyman electrician having the qualifications, training, experience, and knowledge to wire,
             159      install, and repair electrical apparatus and equipment for light, heat, power, and other purposes.
             160          (23) "Journeyman plumber" means a person licensed under this chapter as a
             161      journeyman plumber having the qualifications, training, experience, and technical knowledge
             162      to engage in the plumbing trade.
             163          (24) "Master electrician" means a person licensed under this chapter as a master
             164      electrician having the qualifications, training, experience, and knowledge to properly plan,
             165      layout, and supervise the wiring, installation, and repair of electrical apparatus and equipment
             166      for light, heat, power, and other purposes.
             167          (25) "Master plumber" means a person licensed under this chapter as a master plumber
             168      having the qualifications, training, experience, and knowledge to properly plan and layout
             169      projects and supervise persons in the plumbing trade.
             170          [(25)] (26) "Person" means a natural person, sole proprietorship, joint venture,
             171      corporation, limited liability company, association, or organization of any type.
             172          [(26)] (27) (a) "Plumbing trade" means the performance of any mechanical work
             173      pertaining to the installation, alteration, change, repair, removal, maintenance, or use in
             174      buildings, or within three feet beyond the outside walls of buildings of pipes, fixtures, and
             175      fittings for:
             176          (i) delivery of the water supply;
             177          (ii) discharge of liquid and water carried waste; or
             178          (iii) the building drainage system within the walls of the building.
             179          (b) "Plumbing trade" includes work pertaining to the water supply, distribution pipes,
             180      fixtures and fixture traps, soil, waste and vent pipes, and the building drain and roof drains
             181      together with their devices, appurtenances, and connections where installed within the outside
             182      walls of the building.


             183          [(27)] (28) (a) "Ratio of apprentices" means, for the purpose of determining
             184      compliance with the requirements for planned programs of training and electrician apprentice
             185      licensing applications, the shop ratio of apprentice electricians to journeyman or master
             186      electricians shall be one journeyman or master electrician to one apprentice on industrial and
             187      commercial work, and one journeyman or master electrician to three apprentices on residential
             188      work.
             189          (b) On-the-job training shall be under circumstances in which the ratio of apprentices
             190      to supervisors is in accordance with a ratio of one-to-one on nonresidential work and up to
             191      three apprentices to one supervisor on residential projects.
             192          [(28)] (29) "Residential and small commercial contractor" means a person licensed
             193      under this chapter as a residential and small commercial contractor qualified by education,
             194      training, experience, and knowledge to perform or superintend the construction of
             195      single-family residences, multifamily residences up to four units, and commercial construction
             196      of not more than three stories above ground and not more than 20,000 square feet, or any of the
             197      components of that construction except plumbing, electrical work, mechanical work, and
             198      manufactured housing installation, for which the residential and small commercial contractor
             199      shall employ the services of a contractor licensed in the particular specialty, except that a
             200      residential and small commercial contractor engaged in the construction of single-family and
             201      multifamily residences up to four units may perform the mechanical work and hire a licensed
             202      plumber or electrician as an employee.
             203          [(29) "Residential apprentice plumber" means a person licensed under this chapter as a
             204      residential apprentice plumber who is learning the residential plumbing trade while working on
             205      residential buildings under the approved supervision of a residential journeyman plumber or a
             206      journeyman plumber.]
             207          (30) "Residential building," as it relates to the license classification of [residential
             208      apprentice plumber and] residential journeyman plumber[,] and residential master plumber,
             209      means a single or multiple family dwelling of up to four units.
             210          (31) "Residential journeyman electrician" means a person licensed under this chapter
             211      as a residential journeyman electrician having the qualifications, training, experience, and
             212      knowledge to wire, install, and repair electrical apparatus and equipment for light, heat, power,
             213      and other purposes on buildings using primarily nonmetallic sheath cable.


             214          (32) "Residential journeyman plumber" means a person licensed under this chapter as a
             215      residential journeyman plumber having the qualifications, training, experience, and knowledge
             216      to engage in the plumbing trade as limited to the plumbing of residential buildings.
             217          (33) "Residential master electrician" means a person licensed under this chapter as a
             218      residential master electrician having the qualifications, training, experience, and knowledge to
             219      properly plan, layout, and supervise the wiring, installation, and repair of electrical apparatus
             220      and equipment for light, heat, power, and other purposes on residential projects.
             221          (34) "Residential master plumber" means a person licensed under this chapter as a
             222      residential master plumber having the qualifications, training, experience, and knowledge to
             223      properly plan and layout projects and supervise persons in the plumbing trade as limited to the
             224      plumbing of residential buildings.
             225          [(34)] (35) "Residential project," as it relates to an electrician or electrical contractor,
             226      means buildings primarily wired with nonmetallic sheathed cable, in accordance with standard
             227      rules and regulations governing this work, including the National Electrical Code, and in which
             228      the voltage does not exceed 250 volts line to line and 125 volts to ground.
             229          [(35)] (36) (a) "Specialty contractor" means a person licensed under this chapter under
             230      a specialty contractor classification established by rule, who is qualified by education, training,
             231      experience, and knowledge to perform those construction trades and crafts requiring
             232      specialized skill, the regulation of which are determined by the division to be in the best
             233      interest of the public health, safety, and welfare.
             234          (b) A specialty contractor may perform work in crafts or trades other than those in
             235      which he is licensed if they are incidental to the performance of his licensed craft or trade.
             236          [(36)] (37) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-55-501 .
             237          [(37)] (38) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-55-502
             238      and as may be further defined by rule.
             239          [(38)] (39) "Wages" means amounts due to an employee for labor or services whether
             240      the amount is fixed or ascertained on a time, task, piece, commission, or other basis for
             241      calculating the amount.
             242          Section 2. Section 58-55-201 is amended to read:
             243           58-55-201. Boards created -- Duties.
             244          (1) There is created a Plumbers Licensing Board, an Alarm System Security and


             245      Licensing Board, and an Electricians Licensing Board. Members of the boards shall be
             246      selected to provide representation as follows:
             247          (a) The Plumbers Licensing Board consists of five members as follows:
             248          [(i) four members shall be licensed journeyman plumbers, of whom two shall be
             249      licensed plumbing contractors; and]
             250          (i) two members shall be licensed from among the license classifications of master or
             251      journeyman plumber;
             252          (ii) two members shall be licensed plumbing contractors; and
             253          [(ii)] (iii) one member shall be from the public at large with no history of involvement
             254      in the construction trades or union affiliation.
             255          (b) (i) The Alarm System Security and Licensing Board consists of five members as
             256      follows:
             257          (A) three individuals who are officers or owners of a licensed alarm business;
             258          (B) one individual from among nominees of the Utah Peace Officers Association; and
             259          (C) one individual representing the general public.
             260          (ii) The Alarm System Security and Licensing Board shall designate one of its
             261      members on a permanent or rotating basis to:
             262          (A) assist the division in reviewing complaints concerning the unlawful or
             263      unprofessional conduct of a licensee; and
             264          (B) advise the division in its investigation of these complaints.
             265          (iii) A board member who has, under this Subsection [(3)] (1)(b)(iii), reviewed a
             266      complaint or advised in its investigation is disqualified from participating with the board when
             267      the board serves as a presiding officer in an adjudicative proceeding concerning the complaint.
             268          (c) The Electricians Licensing Board consists of five members as follows:
             269          (i) two members shall be licensed from among the license classifications of master or
             270      journeyman electrician, of whom one shall represent a union organization and one shall be
             271      selected having no union affiliation;
             272          (ii) two shall be licensed electrical contractors of whom one shall represent a union
             273      organization and one shall be selected having no union affiliation; and
             274          (iii) one member shall be from the public at large with no history of involvement in the
             275      construction trades or union affiliation.


             276          (2) The duties, functions, and responsibilities of each board include the following:
             277          (a) recommending to the commission appropriate rules;
             278          (b) recommending to the commission policy and budgetary matters;
             279          (c) approving and establishing a passing score for applicant examinations;
             280          (d) overseeing the screening of applicants for licensing, renewal, reinstatement, and
             281      relicensure;
             282          (e) assisting the commission in establishing standards of supervision for students or
             283      persons in training to become qualified to obtain a license in the occupation or profession it
             284      represents; and
             285          (f) acting as presiding officer in conducting hearings associated with the adjudicative
             286      proceedings and in issuing recommended orders when so authorized by the commission.
             287          Section 3. Section 58-55-301 is amended to read:
             288           58-55-301. License required -- License classifications.
             289          (1) (a) [Any] A person engaged in the construction trades licensed under this chapter,
             290      as a contractor regulated under this chapter, as an alarm business or company, or as an alarm
             291      company agent, shall become licensed under this chapter before engaging in that trade or
             292      contracting activity in this state unless specifically exempted from licensure under Section
             293      58-1-307 or 58-55-305 .
             294          (b) The license issued under this chapter and the business license issued by the local
             295      jurisdiction in which the licensee has its principal place of business shall be the only licenses
             296      required for the licensee to engage in a trade licensed by this chapter, within the state.
             297          (c) Neither the state nor any of its political subdivisions may require of a licensee any
             298      additional business licenses, registrations, certifications, contributions, donations, or anything
             299      else established for the purpose of qualifying a licensee under this chapter to do business in that
             300      local jurisdiction, except for contract prequalification procedures required by state agencies, or
             301      the payment of any fee for the license, registration, or certification established as a condition to
             302      do business in that local jurisdiction.
             303          (2) The division shall issue licenses under this chapter to qualified persons in the
             304      following classifications:
             305          (a) general engineering contractor;
             306          (b) general building contractor;


             307          (c) residential and small commercial contractor;
             308          (d) specialty contractor;
             309          (e) master plumber;
             310          (f) residential master plumber;
             311          [(e)] (g) journeyman plumber;
             312          [(f)] (h) apprentice plumber;
             313          [(g)] (i) residential journeyman plumber;
             314          [(h) residential apprentice plumber;]
             315          [(i)] (j) master electrician;
             316          [(j)] (k) residential master electrician;
             317          [(k)] (l) journeyman electrician;
             318          [(l)] (m) residential journeyman electrician;
             319          [(m)] (n) apprentice electrician;
             320          [(n)] (o) construction trades instructor:
             321          (i) general engineering classification;
             322          (ii) general building classification;
             323          (iii) electrical classification;
             324          (iv) plumbing classification; and
             325          (v) mechanical classification;
             326          [(o)] (p) alarm company; and
             327          [(p)] (q) alarm company agent.
             328          (3) (a) An applicant may apply for a license in one or more classification or specialty
             329      contractor subclassification.
             330          (b) A license shall be granted in each classification or subclassification for which the
             331      applicant qualifies.
             332          (c) A separate application and fee must be submitted for each license classification or
             333      subclassification.
             334          Section 4. Section 58-55-302 is amended to read:
             335           58-55-302. Qualifications for licensure.
             336          (1) Each applicant for a license under this chapter shall:
             337          (a) submit an application prescribed by the division;


             338          (b) pay a fee as determined by the department under Section 63-38-3.2 ;
             339          (c) (i) meet the examination requirements established by rule by the commission with
             340      the concurrence of the director, except for the classifications of apprentice plumber[, residential
             341      apprentice plumber,] and apprentice electrician for whom no examination is required; or
             342          (ii) if required in Section 58-55-304 , the individual qualifier must pass the required
             343      examination if the applicant is a business entity;
             344          (d) if an apprentice, identify the proposed supervisor of the apprenticeship;
             345          (e) if an applicant for a contractor's license:
             346          (i) produce satisfactory evidence of financial responsibility, except for a construction
             347      trades instructor for whom evidence of financial responsibility is not required;
             348          (ii) produce satisfactory evidence of knowledge and experience in the construction
             349      industry and knowledge of the principles of the conduct of business as a contractor, reasonably
             350      necessary for the protection of the public health, safety, and welfare; and
             351          (iii) be a licensed master electrician if an applicant for an electrical contractor's license
             352      or a licensed master residential electrician if an applicant for a residential electrical contractor's
             353      license; or
             354          (iv) be a [journeyman] licensed master plumber [or residential journeyman plumber] if
             355      an applicant for a plumbing contractor's license or a licensed master residential plumber if an
             356      applicant for a residential plumbing contractor's license; and
             357          (f) if an applicant for a construction trades instructor license, satisfy any additional
             358      requirements established by rule.
             359          (2) After approval of an applicant for a contractor's license by the applicable board and
             360      the division, the applicant shall file the following with the division before the division issues
             361      the license:
             362          (a) proof of workers' compensation insurance which covers employees of the applicant
             363      in accordance with applicable Utah law;
             364          (b) proof of public liability insurance in coverage amounts and form established by rule
             365      except for a construction trades instructor for whom public liability insurance is not required;
             366      and
             367          (c) proof of registration as required by applicable law with the:
             368          (i) Utah Department of Commerce;


             369          (ii) Division of Corporations and Commercial Code;
             370          (iii) Unemployment Insurance Division in the Department of Workforce Services, for
             371      purposes of Title 35A, Chapter 4, Employment Security Act;
             372          (iv) State Tax Commission; and
             373          (v) Internal Revenue Service.
             374          (3) In addition to the general requirements for each applicant in Subsection (1),
             375      applicants shall comply with the following requirements to be licensed in the following
             376      classifications:
             377          (a) (i) A master plumber shall produce satisfactory evidence that the applicant:
             378          (A) has been a licensed journeyman plumber for at least two years and had two years of
             379      supervisory experience as a licensed journeyman plumber in accordance with division rule;
             380          (B) has received at least an associate of applied science degree or similar degree
             381      following the completion of a course of study approved by the division and had one year of
             382      supervisory experience as a licensed journeyman plumber in accordance with division rule; or
             383          (C) meets the qualifications determined by the division in collaboration with the board
             384      to be equivalent to Subsection (3)(a)(i)(A) or (B).
             385          (ii) An individual holding a valid Utah license as a journeyman plumber, based on at
             386      least four years of practical experience as a licensed apprentice under the supervision of a
             387      licensed journeyman plumber and four years as a licensed journeyman plumber, in effect
             388      immediately prior to May 5, 2008, is on and after May 5, 2008, considered to hold a current
             389      master plumber license under this chapter, and satisfies the requirements of this Subsection
             390      (3)(a) for the purpose of renewal or reinstatement of that license under Section 58-55-303 .
             391          (iii) An individual holding a valid plumbing contractor's license or residential
             392      plumbing contractor's license, in effect immediately prior to May 5, 2008, is on or after May 5,
             393      2008:
             394          (A) considered to hold a current master plumber license under this chapter if licensed
             395      as a plumbing contractor, and satisfies the requirements of this Subsection (3)(a) for purposes
             396      of renewal or reinstatement of that license under Section 58-55-303 ; and
             397          (B) considered to hold a current residential master plumber license under this chapter if
             398      licensed as a residential plumbing contractor, and satisfies the requirements of this Subsection
             399      (3)(a) for purposes of renewal or reinstatement of that license under Section 58-55-303 .


             400          (b) A master residential plumber applicant shall produce satisfactory evidence that the
             401      applicant:
             402          (i) has been a licensed residential journeyman plumber for at least two years and had
             403      two years of supervisory experience as a licensed residential journeyman plumber in
             404      accordance with division rule; or
             405          (ii) meets the qualifications determined by the division in collaboration with the board
             406      to be equivalent to Subsection (3)(b)(i).
             407          [(a)] (c) A journeyman plumber applicant shall produce satisfactory evidence of:
             408          (i) successful completion of the equivalent of at least four years of full-time training
             409      and instruction as a licensed apprentice plumber under supervision of a licensed master
             410      plumber or journeyman plumber and in accordance with a planned program of training
             411      approved by the division;
             412          (ii) at least eight years of full-time experience approved by the division in collaboration
             413      with the Plumbers Licensing Board; or
             414          (iii) satisfactory evidence of meeting the qualifications determined by the board to be
             415      equivalent to Subsection (3)[(a)] (c)(i) or [(a)] (c)(ii).
             416          [(b)] (d) A residential journeyman plumber shall produce satisfactory evidence of:
             417          (i) completion of the equivalent of at least three years of full-time training and
             418      instruction as a licensed apprentice plumber under the supervision of a licensed residential
             419      master plumber, licensed residential journeyman plumber, or licensed journeyman plumber in
             420      accordance with a planned program of training approved by the division;
             421          (ii) completion of at least six years of full-time experience in a maintenance or repair
             422      trade involving substantial plumbing work; or
             423          (iii) meeting the qualifications determined by the board to be equivalent to Subsection
             424      (3)[(b)] (d)(i) or [(b)] (d)(ii).
             425          [(c)] (e) The conduct of licensed apprentice plumbers and their licensed supervisors
             426      shall be in accordance with the following:
             427          (i) while engaging in the trade of plumbing, a licensed apprentice plumber shall be
             428      under the immediate supervision of a licensed master plumber, licensed residential master
             429      plumber, licensed journeyman plumber, or a licensed residential journeyman plumber; and
             430          (ii) a licensed [plumbing] apprentice plumber in the fourth through tenth year of


             431      training may work without supervision for a period not to exceed eight hours in any 24-hour
             432      period, but if the apprentice does not become a licensed journeyman plumber or licensed
             433      residential journeyman plumber by the end of the tenth year of apprenticeship, this
             434      nonsupervision provision no longer applies.
             435          [(d) (i)] (f) A master electrician applicant shall produce satisfactory evidence that the
             436      applicant:
             437          [(A)] (i) is a graduate electrical engineer of an accredited college or university
             438      approved by the division and has one year of practical electrical experience as a licensed
             439      apprentice electrician;
             440          [(B)] (ii) is a graduate of an electrical trade school, having received an associate of
             441      applied sciences degree following successful completion of a course of study approved by the
             442      division, and has two years of practical experience as a licensed journeyman electrician;
             443          [(C)] (iii) has four years of practical experience as a journeyman electrician; or
             444          [(D)] (iv) meets the qualifications determined by the board to be equivalent to
             445      Subsection (3)[(d)] (f)(i)[(A), (B)], (ii), or [(C)] (iii).
             446          [(ii) (A) An individual holding a valid Utah license as a master electrician, based on at
             447      least eight years of practical experience as a licensed apprentice under the supervision of a
             448      licensed journeyman or master electrician, in effect immediately prior to May 3, 2004, is on
             449      and after May 3, 2004, considered to hold a current license under this chapter and satisfies the
             450      requirements of this Subsection (3)(d) for the purpose of renewal or reinstatement of that
             451      license under Section 58-55-303 .]
             452          [(B) An individual who has less than four years of practical experience as a licensed
             453      apprentice under the supervision of a licensed journeyman or master electrician prior to May 3,
             454      2004, shall complete the education requirements of Subsection (3)(d)(i)(A) or (B) to qualify for
             455      licensing as a master electrician.]
             456          [(C) An individual who has more than four but less than six years of practical
             457      experience as a licensed apprentice under the supervision of a licensed journeyman or master
             458      electrician prior to May 3, 2004, may satisfy the education requirements of Subsection (3)(d)
             459      (i)(A) or (B) by successfully passing a competency placement test approved by the board and
             460      administered at a Utah state institution of higher education.]
             461          [(D) An individual who has more than six but less than eight years of practical


             462      experience as a licensed apprentice under the supervision of a licensed journeyman or master
             463      electrician prior to May 3, 2004, satisfies the education requirements of this Subsection (3)(d)
             464      by completing the eight-year term of practical experience within a reasonable time frame
             465      subsequent to May 3, 2004, as established by board rule in accordance with Title 63, Chapter
             466      46a, Utah Administrative Rulemaking Act.]
             467          [(e)] (g) A master residential electrician applicant shall produce satisfactory evidence
             468      that the applicant:
             469          (i) has at least two years of practical experience as a residential journeyman electrician;
             470      or
             471          (ii) meets the qualifications determined by the board to be equivalent to this practical
             472      experience.
             473          [(f) (i)] (h) A journeyman electrician applicant shall produce satisfactory evidence that
             474      the applicant:
             475          [(A)] (i) has successfully completed at least four years of full-time training and
             476      instruction as a licensed apprentice electrician under the supervision of a master electrician or
             477      journeyman electrician and in accordance with a planned training program approved by the
             478      division;
             479          [(B)] (ii) has at least eight years of full-time experience approved by the division in
             480      collaboration with the Electricians Licensing Board; or
             481          [(C)] (iii) meets the qualifications determined by the board to be equivalent to
             482      Subsection (3)[(f)] (h)(i)[(A)] or [(B)] (ii).
             483          [(ii) An individual holding a valid Utah license as a journeyman electrician, based on at
             484      least six years of full-time experience approved by the division in collaboration with the
             485      Electricians Licensing Board in effect immediately prior to May 3, 2004, is on and after May 3,
             486      2004, considered to hold a current license under this chapter and satisfies the requirements of
             487      Subsection (3)(f)(i)(B) for the purpose of renewal or reinstatement of that license under Section
             488      58-55-303 .]
             489          [(iii) An individual who has more than six but less than eight years of full-time
             490      experience approved by the division in collaboration with the Electricians Licensing Board
             491      prior to May 3, 2004, satisfies the requirements of Subsection (3)(f)(i) by completing the
             492      eight-year term of practical experience within a reasonable time frame subsequent to May 3,


             493      2004, as established by board rule in accordance with Title 63, Chapter 46a, Utah
             494      Administrative Rulemaking Act.]
             495          [(g)] (i) A residential journeyman electrician applicant shall produce satisfactory
             496      evidence that the applicant:
             497          (i) has successfully completed two years of training in an electrical training program
             498      approved by the division;
             499          (ii) has four years of practical experience in wiring, installing, and repairing electrical
             500      apparatus and equipment for light, heat, and power under the supervision of a licensed master,
             501      journeyman, residential master, or residential journeyman electrician; or
             502          (iii) meets the qualifications determined by the division and applicable board to be
             503      equivalent to Subsection (3)[(g)] (i)(i) or (ii).
             504          [(h)] (j) The conduct of licensed apprentice electricians and their licensed supervisors
             505      shall be in accordance with the following:
             506          (i) A licensed apprentice electrician shall be under the immediate supervision of a
             507      licensed master, journeyman, residential master, or residential journeyman electrician. An
             508      apprentice in the fourth year of training may work without supervision for a period not to
             509      exceed eight hours in any 24-hour period.
             510          (ii) A licensed master, journeyman, residential master, or residential journeyman
             511      electrician may have under immediate supervision on a residential project up to three licensed
             512      apprentice electricians.
             513          (iii) A licensed master or journeyman electrician may have under immediate
             514      supervision on nonresidential projects only one licensed apprentice electrician.
             515          [(i)] (k) An alarm company applicant shall:
             516          (i) have a qualifying agent who is an officer, director, partner, proprietor, or manager of
             517      the applicant who:
             518          (A) demonstrates 6,000 hours of experience in the alarm company business;
             519          (B) demonstrates 2,000 hours of experience as a manager or administrator in the alarm
             520      company business or in a construction business; and
             521          (C) passes an examination component established by rule by the commission with the
             522      concurrence of the director;
             523          (ii) if a corporation, provide:


             524          (A) the names, addresses, dates of birth, Social Security numbers, and fingerprint cards
             525      of all corporate officers, directors, and those responsible management personnel employed
             526      within the state or having direct responsibility for managing operations of the applicant within
             527      the state; and
             528          (B) the names, addresses, dates of birth, Social Security numbers, and fingerprint cards
             529      of all shareholders owning 5% or more of the outstanding shares of the corporation, except this
             530      shall not be required if the stock is publicly listed and traded;
             531          (iii) if a limited liability company, provide:
             532          (A) the names, addresses, dates of birth, Social Security numbers, and fingerprint cards
             533      of all company officers, and those responsible management personnel employed within the
             534      state or having direct responsibility for managing operations of the applicant within the state;
             535      and
             536          (B) the names, addresses, dates of birth, Social Security numbers, and fingerprint cards
             537      of all individuals owning 5% or more of the equity of the company;
             538          (iv) if a partnership, the names, addresses, dates of birth, Social Security numbers, and
             539      fingerprint cards of all general partners, and those responsible management personnel
             540      employed within the state or having direct responsibility for managing operations of the
             541      applicant within the state;
             542          (v) if a proprietorship, the names, addresses, dates of birth, Social Security numbers,
             543      and fingerprint cards of the proprietor, and those responsible management personnel employed
             544      within the state or having direct responsibility for managing operations of the applicant within
             545      the state;
             546          (vi) be of good moral character in that officers, directors, shareholders described in
             547      Subsection (3)[(i)] (k)(ii)(B), partners, proprietors, and responsible management personnel
             548      have not been convicted of a felony, a misdemeanor involving moral turpitude, or any other
             549      crime that when considered with the duties and responsibilities of an alarm company is
             550      considered by the board to indicate that the best interests of the public are served by granting
             551      the applicant a license;
             552          (vii) document that none of the applicant's officers, directors, shareholders described in
             553      Subsection (3)[(i)] (k)(ii)(B), partners, proprietors, and responsible management personnel
             554      have been declared by any court of competent jurisdiction incompetent by reason of mental


             555      defect or disease and not been restored;
             556          (viii) document that none of the applicant's officers, directors, shareholders described
             557      in Subsection (3)[(i)] (k)(ii)(B), partners, proprietors, and responsible management personnel
             558      are currently suffering from habitual drunkenness or from drug addiction or dependence;
             559          (ix) file and maintain with the division evidence of:
             560          (A) comprehensive general liability insurance in form and in amounts to be established
             561      by rule by the commission with the concurrence of the director;
             562          (B) workers' compensation insurance that covers employees of the applicant in
             563      accordance with applicable Utah law; and
             564          (C) registration as is required by applicable law with the:
             565          (I) Division of Corporations and Commercial Code;
             566          (II) Unemployment Insurance Division in the Department of Workforce Services, for
             567      purposes of Title 35A, Chapter 4, Employment Security Act;
             568          (III) State Tax Commission; and
             569          (IV) Internal Revenue Service; and
             570          (x) meet with the division and board.
             571          [(j)] (l) Each applicant for licensure as an alarm company agent shall:
             572          (i) submit an application in a form prescribed by the division accompanied by
             573      fingerprint cards;
             574          (ii) pay a fee determined by the department under Section 63-38-3.2 ;
             575          (iii) be of good moral character in that the applicant has not been convicted of a felony,
             576      a misdemeanor involving moral turpitude, or any other crime that when considered with the
             577      duties and responsibilities of an alarm company agent is considered by the board to indicate
             578      that the best interests of the public are served by granting the applicant a license;
             579          (iv) not have been declared by any court of competent jurisdiction incompetent by
             580      reason of mental defect or disease and not been restored;
             581          (v) not be currently suffering from habitual drunkenness or from drug addiction or
             582      dependence; and
             583          (vi) meet with the division and board if requested by the division or the board.
             584          (4) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
             585      division may make rules establishing when Federal Bureau of Investigation records shall be


             586      checked for applicants as an alarm company or alarm company agent.
             587          (5) To determine if an applicant meets the qualifications of Subsections (3)[(i)] (k)(vi)
             588      and (3)[(j)] (l)(iii), the division shall provide an appropriate number of copies of fingerprint
             589      cards to the Department of Public Safety with the division's request to:
             590          (a) conduct a search of records of the Department of Public Safety for criminal history
             591      information relating to each applicant for licensure as an alarm company or alarm company
             592      agent and each applicant's officers, directors, shareholders described in Subsection (3)[(i)]
             593      (k)(ii)(B), partners, proprietors, and responsible management personnel; and
             594          (b) forward to the Federal Bureau of Investigation a fingerprint card of each applicant
             595      requiring a check of records of the F.B.I. for criminal history information under this section.
             596          (6) The Department of Public Safety shall send to the division:
             597          (a) a written record of criminal history, or certification of no criminal history record, as
             598      contained in the records of the Department of Public Safety in a timely manner after receipt of
             599      a fingerprint card from the division and a request for review of Department of Public Safety
             600      records; and
             601          (b) the results of the F.B.I. review concerning an applicant in a timely manner after
             602      receipt of information from the F.B.I.
             603          (7) (a) The division shall charge each applicant for licensure as an alarm company or
             604      alarm company agent a fee, in accordance with Section 63-38-3.2 , equal to the cost of
             605      performing the records reviews under this section.
             606          (b) The division shall pay the Department of Public Safety the costs of all records
             607      reviews, and the Department of Public Safety shall pay the F.B.I. the costs of records reviews
             608      under this section.
             609          (8) Information obtained by the division from the reviews of criminal history records of
             610      the Department of Public Safety and the F.B.I. shall be used or disseminated by the division
             611      only for the purpose of determining if an applicant for licensure as an alarm company or alarm
             612      company agent is qualified for licensure.
             613          (9) (a) An application for licensure under this chapter shall be denied if:
             614          (i) the applicant has had a previous license, which was issued under this chapter,
             615      suspended or revoked within one year prior to the date of the applicant's application;
             616          (ii) (A) the applicant is a partnership, corporation, or limited liability company; and


             617          (B) any corporate officer, director, shareholder holding 25% or more of the stock in the
             618      applicant, partner, member, agent acting as a qualifier, or any person occupying a similar
             619      status, performing similar functions, or directly or indirectly controlling the applicant has
             620      served in any similar capacity with any person or entity which has had a previous license,
             621      which was issued under this chapter, suspended or revoked within one year prior to the date of
             622      the applicant's application; or
             623          (iii) (A) the applicant is an individual or sole proprietorship; and
             624          (B) any owner or agent acting as a qualifier has served in any capacity listed in
             625      Subsection (9)(a)(ii)(B) in any entity which has had a previous license, which was issued under
             626      this chapter, suspended or revoked within one year prior to the date of the applicant's
             627      application.
             628          (b) An application for licensure under this chapter shall be reviewed by the appropriate
             629      licensing board prior to approval if:
             630          (i) the applicant has had a previous license, which was issued under this chapter,
             631      suspended or revoked more than one year prior to the date of the applicant's application;
             632          (ii) (A) the applicant is a partnership, corporation, or limited liability company; and
             633          (B) any corporate officer, director, shareholder holding 25% or more of the stock in the
             634      applicant, partner, member, agent acting as a qualifier, or any person occupying a similar
             635      status, performing similar functions, or directly or indirectly controlling the applicant has
             636      served in any similar capacity with any person or entity which has had a previous license,
             637      which was issued under this chapter, suspended or revoked more than one year prior to the date
             638      of the applicant's application; or
             639          (iii) (A) the applicant is an individual or sole proprietorship; and
             640          (B) any owner or agent acting as a qualifier has served in any capacity listed in
             641      Subsection (9)(b)(ii)(B) in any entity which has had a previous license, which was issued under
             642      this chapter, suspended or revoked more than one year prior to the date of the applicant's
             643      application.





Legislative Review Note
    as of 2-1-08 11:59 AM


Office of Legislative Research and General Counsel


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