Chief Sponsor: Scott K. Jenkins

House Sponsor: James A. Dunnigan


8     General Description:
9          This bill modifies the Utah Construction Trades Licensing Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies exemptions from licensure related to work in the plumbing and electrical
13     trades; and
14          ▸     makes technical changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          58-55-305, as last amended by Laws of Utah 2013, Chapters 430 and 449

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 58-55-305 is amended to read:
25          58-55-305. Exemptions from licensure.
26          (1) In addition to the exemptions from licensure in Section 58-1-307, the following
27     persons may engage in acts or practices included within the practice of construction trades,

28     subject to the stated circumstances and limitations, without being licensed under this chapter:
29          (a) an authorized representative of the United States government or an authorized
30     employee of the state or any of its political subdivisions when working on construction work of
31     the state or the subdivision, and when acting within the terms of the person's trust, office, or
32     employment;
33          (b) a person engaged in construction or operation incidental to the construction and
34     repair of irrigation and drainage ditches of regularly constituted irrigation districts, reclamation
35     districts, and drainage districts or construction and repair relating to farming, dairying,
36     agriculture, livestock or poultry raising, metal and coal mining, quarries, sand and gravel
37     excavations, well drilling, as defined in Section 73-3-25, hauling to and from construction
38     sites, and lumbering;
39          (c) public utilities operating under the rules of the Public Service Commission on work
40     incidental to their own business;
41          (d) sole owners of property engaged in building:
42          (i) no more than one residential structure per year and no more than three residential
43     structures per five years on their property for their own noncommercial, nonpublic use; except,
44     a person other than the property owner or individuals described in Subsection (1)(e), who
45     engages in building the structure must be licensed under this chapter if the person is otherwise
46     required to be licensed under this chapter; or
47          (ii) structures on their property for their own noncommercial, nonpublic use which are
48     incidental to a residential structure on the property, including sheds, carports, or detached
49     garages;
50          (e) (i) a person engaged in construction or renovation of a residential building for
51     noncommercial, nonpublic use if that person:
52          (A) works without compensation other than token compensation that is not considered
53     salary or wages; and
54          (B) works under the direction of the property owner who engages in building the
55     structure; and
56          (ii) as used in this Subsection (1)(e), "token compensation" means compensation paid
57     by a sole owner of property exempted from licensure under Subsection (1)(d) to a person
58     exempted from licensure under this Subsection (1)(e), that is:

59          (A) minimal in value when compared with the fair market value of the services
60     provided by the person;
61          (B) not related to the fair market value of the services provided by the person; and
62          (C) is incidental to the providing of services by the person including paying for or
63     providing meals or refreshment while services are being provided, or paying reasonable
64     transportation costs incurred by the person in travel to the site of construction;
65          (f) a person engaged in the sale or merchandising of personal property that by its design
66     or manufacture may be attached, installed, or otherwise affixed to real property who has
67     contracted with a person, firm, or corporation licensed under this chapter to install, affix, or
68     attach that property;
69          (g) a contractor submitting a bid on a federal aid highway project, if, before
70     undertaking construction under that bid, the contractor is licensed under this chapter;
71          (h) (i) a person engaged in the alteration, repair, remodeling, or addition to or
72     improvement of a building with a contracted or agreed value of less than $3,000, including
73     both labor and materials, and including all changes or additions to the contracted or agreed
74     upon work; and
75          (ii) notwithstanding Subsection (1)(h)(i) and except as otherwise provided in this
76     section:
77          (A) work in the plumbing and electrical trades on a Subsection (1)(h)(i) project within
78     any six month period of time[: (I)] must be performed by a licensed electrical or plumbing
79     contractor, if the project involves an electrical or plumbing system; and
80          [(II) may be performed by a licensed journeyman electrician or plumber or an
81     individual referred to in Subsection (1)(h)(ii)(A)(I), if the project involves a component of the
82     system such as a faucet, toilet, fixture, device, outlet, or electrical switch;]
83          (B) installation, repair, or replacement of a residential or commercial gas appliance or a
84     combustion system on a Subsection (1)(h)(i) project must be performed by a person who has
85     received certification under Subsection 58-55-308(2) except as otherwise provided in
86     Subsection 58-55-308(2)(d) or 58-55-308(3);
87          (C) installation, repair, or replacement of water-based fire protection systems on a
88     Subsection (1)(h)(i) project must be performed by a licensed fire suppression systems
89     contractor or a licensed journeyman plumber;

90          (D) work as an alarm business or company or as an alarm company agent shall be
91     performed by a licensed alarm business or company or a licensed alarm company agent, except
92     as otherwise provided in this chapter;
93          (E) installation, repair, or replacement of an alarm system on a Subsection (1)(h)(i)
94     project must be performed by a licensed alarm business or company or a licensed alarm
95     company agent;
96          (F) installation, repair, or replacement of a heating, ventilation, or air conditioning
97     system (HVAC) on a Subsection (1)(h)(i) project must be performed by an HVAC contractor
98     licensed by the division;
99          (G) installation, repair, or replacement of a radon mitigation system or a soil
100     depressurization system must be performed by a licensed contractor; and
101          (H) if the total value of the project is greater than $1,000, the person shall file with the
102     division a one-time affirmation, subject to periodic reaffirmation as established by division
103     rule, that the person has:
104          (I) public liability insurance in coverage amounts and form established by division
105     rule; and
106          (II) if applicable, workers compensation insurance which would cover an employee of
107     the person if that employee worked on the construction project;
108          (i) a person practicing a specialty contractor classification or construction trade which
109     the director does not classify by administrative rule as significantly impacting the public's
110     health, safety, and welfare;
111          (j) owners and lessees of property and persons regularly employed for wages by owners
112     or lessees of property or their agents for the purpose of maintaining the property, are exempt
113     from this chapter when doing work upon the property;
114          (k) (i) a person engaged in minor plumbing work that is incidental, as defined by the
115     division by rule, to the replacement or repair of a fixture or an appliance in a residential or
116     small commercial building, or structure used for agricultural use, as defined in Section
117     15A-1-202, provided that no modification is made to:
118          (A) existing culinary water, soil, waste, or vent piping; or
119          (B) [a] an existing gas appliance or combustion system; and
120          (ii) except as provided in Subsection (1)(e), installation for the first time of a fixture or

121     an appliance is not included in the exemption provided under Subsection (1)(k)(i);
122          (l) a person who ordinarily would be subject to the plumber licensure requirements
123     under this chapter when installing or repairing a water conditioner or other water treatment
124     apparatus if the conditioner or apparatus:
125          (i) meets the appropriate state construction codes or local plumbing standards; and
126          (ii) is installed or repaired under the direction of a person authorized to do the work
127     under an appropriate specialty contractor license;
128          (m) a person who ordinarily would be subject to the electrician licensure requirements
129     under this chapter when employed by:
130          (i) railroad corporations, telephone corporations or their corporate affiliates, elevator
131     contractors or constructors, or street railway systems; or
132          (ii) public service corporations, rural electrification associations, or municipal utilities
133     who generate, distribute, or sell electrical energy for light, heat, or power;
134          (n) a person involved in minor electrical work incidental to a mechanical or service
135     installation, including the outdoor installation of an above-ground, prebuilt hot tub;
136          (o) a person who ordinarily would be subject to the electrician licensure requirements
137     under this chapter but who during calendar years 2009, 2010, or 2011 was issued a specialty
138     contractor license for the electrical work associated with the installation, repair, or maintenance
139     of solar energy panels, may continue the limited electrical work for solar energy panels under a
140     specialty contractor license;
141          (p) a student participating in construction trade education and training programs
142     approved by the commission with the concurrence of the director under the condition that:
143          (i) all work intended as a part of a finished product on which there would normally be
144     an inspection by a building inspector is, in fact, inspected and found acceptable by a licensed
145     building inspector; and
146          (ii) a licensed contractor obtains the necessary building permits;
147          (q) a delivery person when replacing any of the following existing equipment with a
148     new gas appliance, provided there is an existing gas shutoff valve at the appliance:
149          (i) gas range;
150          (ii) gas dryer;
151          (iii) outdoor gas barbeque; or

152          (iv) outdoor gas patio heater;
153          (r) a person performing maintenance on an elevator as defined in Subsection
154     58-55-102(14), if the maintenance is not related to the operating integrity of the elevator; and
155          (s) an apprentice or helper of an elevator mechanic licensed under this chapter when
156     working under the general direction of the licensed elevator mechanic.
157          (2) A compliance agency as defined in Section 15A-1-202 that issues a building permit
158     to a person requesting a permit as a sole owner of property referred to in Subsection (1)(d) shall
159     notify the division, in writing or through electronic transmission, of the issuance of the permit.

Legislative Review Note
     as of 2-20-15 8:41 AM

Office of Legislative Research and General Counsel