This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Wed, Mar 2, 2016 at 3:50 PM by lpoole.
Representative Mike Schultz proposes the following substitute bill:


1     
GENERAL CONTRACTORS LICENSE AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Mike Schultz

5     
Senate Sponsor: J. Stuart Adams

6     

7     LONG TITLE
8     General Description:
9          This bill amends the requirements for licensure of a general contractor and an architect.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends the definition of a contractor;
13          ▸     amends requirements for licensure as a general contractor; and
14          ▸     amends exemptions from licensure as an architect.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          58-3a-304, as enacted by Laws of Utah 1996, Chapter 260
22          58-55-102, as last amended by Laws of Utah 2014, Chapter 81
23          58-55-302, as last amended by Laws of Utah 2015, Chapter 258
24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 58-3a-304 is amended to read:
27          58-3a-304. Exemptions from licensure.
28          (1) In addition to the exemptions from licensure in Section 58-1-307, the following
29     may engage in the stated limited acts or practices without being licensed under this chapter:
30          (a) a person offering to render architectural services in this state when not licensed
31     under this chapter if the person:
32          (i) holds a current and valid architect license issued by a licensing authority recognized
33     by rule by the division in collaboration with the board;
34          (ii) discloses in writing to the potential client the fact that the architect:
35          (A) is not licensed in the state;
36          (B) may not provide architectural services in the state until the architect is licensed in
37     the state; and
38          (C) that such condition may cause a delay in the ability of the architect to provide
39     architectural services in the state;
40          (iii) notifies the division in writing of his intent to offer to render architectural services
41     in the state; and
42          (iv) does not provide architectural services or engage in the practice of architecture in
43     this state until licensed to do so;
44          (b) a person preparing a plan and specification for [a] one[, two, three, or four-family
45     residence] or two-family dwellings, including townhouses Ŝ→ [not exceeding two stories in height,
46     exclusive of basement] ←Ŝ ;
47          (c) a person licensed to practice professional engineering under Title 58, Chapter 22,
48     Professional Engineers and Professional Land Surveyors Licensing Act, performing
49     engineering or incidental architectural acts or practices that do not exceed the scope of the
50     education and training of the person performing architecture;
51          (d) unlicensed employees, subordinates, associates, or drafters of a person licensed
52     under this chapter while preparing plans and specifications under the supervision of an
53     architect;
54          (e) a person preparing a plan or specification for, or supervising the alteration of or
55     repair to, an existing building affecting an area not exceeding 3,000 square feet when structural
56     elements of a building are not changed, such as foundations, beams, columns, and structural
57     slabs, joists, bearing walls, and trusses; and
58          (f) an organization engaged in the practice of architecture, provided that:
59          (i) the organization employs a principal; and
60          (ii) all individuals employed by the organization, who are engaged in the practice of
61     architecture, are licensed or exempt from licensure under this chapter.
62          (2) Nothing in this section shall be construed to restrict a draftsman from preparing
63     plans for a client under the exemption provided in Subsection (1)(b) or taking those plans to a
64     licensed architect for his review, approval, and subsequent fixing of the architect's seal to that
65     set of plans if they meet the building code standards.
66          Section 2. Section 58-55-102 is amended to read:
67          58-55-102. Definitions.
68          In addition to the definitions in Section 58-1-102, as used in this chapter:
69          (1) (a) "Alarm business or company" means a person engaged in the sale, installation,
70     maintenance, alteration, repair, replacement, servicing, or monitoring of an alarm system,
71     except as provided in Subsection (1)(b).
72          (b) "Alarm business or company" does not include:
73          (i) a person engaged in the manufacture or sale of alarm systems unless:
74          (A) that person is also engaged in the installation, maintenance, alteration, repair,
75     replacement, servicing, or monitoring of alarm systems;
76          (B) the manufacture or sale occurs at a location other than a place of business
77     established by the person engaged in the manufacture or sale; or
78          (C) the manufacture or sale involves site visits at the place or intended place of
79     installation of an alarm system; or
80          (ii) an owner of an alarm system, or an employee of the owner of an alarm system who
81     is engaged in installation, maintenance, alteration, repair, replacement, servicing, or monitoring
82     of the alarm system owned by that owner.
83          (2) "Alarm company agent":
84          (a) except as provided in Subsection (2)(b), means any individual employed within this
85     state by an alarm business; and
86          (b) does not include an individual who:
87          (i) is not engaged in the sale, installation, maintenance, alteration, repair, replacement,
88     servicing, or monitoring of an alarm system; and
89          (ii) does not, during the normal course of the individual's employment with an alarm
90     business, use or have access to sensitive alarm system information.
91          (3) "Alarm system" means equipment and devices assembled for the purpose of:
92          (a) detecting and signaling unauthorized intrusion or entry into or onto certain
93     premises; or
94          (b) signaling a robbery or attempted robbery on protected premises.
95          (4) "Apprentice electrician" means a person licensed under this chapter as an
96     apprentice electrician who is learning the electrical trade under the immediate supervision of a
97     master electrician, residential master electrician, a journeyman electrician, or a residential
98     journeyman electrician.
99          (5) "Apprentice plumber" means a person licensed under this chapter as an apprentice
100     plumber who is learning the plumbing trade under the immediate supervision of a master
101     plumber, residential master plumber, journeyman plumber, or a residential journeyman
102     plumber.
103          (6) "Approved continuing education" means instruction provided through courses
104     under a program established under Subsection 58-55-302.5(2).
105          (7) "Board" means the Electrician Licensing Board, Alarm System Security and
106     Licensing Board, or Plumbers Licensing Board created in Section 58-55-201.
107          (8) "Combustion system" means an assembly consisting of:
108          (a) piping and components with a means for conveying, either continuously or
109     intermittently, natural gas from the outlet of the natural gas provider's meter to the burner of the
110     appliance;
111          (b) the electric control and combustion air supply and venting systems, including air
112     ducts; and
113          (c) components intended to achieve control of quantity, flow, and pressure.
114          (9) "Commission" means the Construction Services Commission created under Section
115     58-55-103.
116          (10) "Construction trade" means any trade or occupation involving:
117          (a) (i) construction, alteration, remodeling, repairing, wrecking or demolition, addition
118     to, or improvement of any building, highway, road, railroad, dam, bridge, structure, excavation
119     or other project, development, or improvement to other than personal property; and
120          (ii) constructing, remodeling, or repairing a manufactured home or mobile home as
121     defined in Section 15A-1-302; or
122          (b) installation or repair of a residential or commercial natural gas appliance or
123     combustion system.
124          (11) "Construction trades instructor" means a person licensed under this chapter to
125     teach one or more construction trades in both a classroom and project environment, where a
126     project is intended for sale to or use by the public and is completed under the direction of the
127     instructor, who has no economic interest in the project.
128          (12) (a) "Contractor" means any person who for compensation other than wages as an
129     employee undertakes any work in the construction, plumbing, or electrical trade for which
130     licensure is required under this chapter and includes:
131          (i) a person who builds any structure on the person's own property for the purpose of
132     sale or who builds any structure intended for public use on the person's own property;
133          (ii) any person who represents that the person is a contractor, or will perform a service
134     described in this Subsection (12), by advertising on a website or social media, or any other
135     means;
136          (iii) any person engaged as a maintenance person, other than an employee, who
137     regularly engages in activities set forth under the definition of "construction trade";
138          (iv) any person engaged in, or offering to engage in, any construction trade for which
139     licensure is required under this chapter; or
140          (v) a construction manager [who performs], construction consultant, construction
141     assistant, or any other person who, for a fee:
142          (A) performs or offers to perform construction consulting;
143          (B) performs or offers to perform management of construction subcontractors;
144          (C) provides or offers to provide a list of subcontractors or suppliers; or
145          (D) provides or offers to provide management [and] or counseling services on a
146     construction project [for a fee].
147          (b) "Contractor" does not include:
148          (i) an alarm company or alarm company agent[.]; or
149          (ii) a material supplier who provides consulting to customers regarding the design and
150     installation of the material supplier's products.
151          (13) (a) "Electrical trade" means the performance of any electrical work involved in the
152     installation, construction, alteration, change, repair, removal, or maintenance of facilities,
153     buildings, or appendages or appurtenances.
154          (b) "Electrical trade" does not include:
155          (i) transporting or handling electrical materials;
156          (ii) preparing clearance for raceways for wiring; or
157          (iii) work commonly done by unskilled labor on any installations under the exclusive
158     control of electrical utilities.
159          (c) For purposes of Subsection (13)(b):
160          (i) no more than one unlicensed person may be so employed unless more than five
161     licensed electricians are employed by the shop; and
162          (ii) a shop may not employ unlicensed persons in excess of the five-to-one ratio
163     permitted by this Subsection (13)(c).
164          (14) "Elevator" [has] means the same [meaning as] as that term is defined in Section
165     34A-7-202, except that for purposes of this chapter it does not mean a stair chair, a vertical
166     platform lift, or an incline platform lift.
167          (15) "Elevator contractor" means a sole proprietor, firm, or corporation licensed under
168     this chapter that is engaged in the business of erecting, constructing, installing, altering,
169     servicing, repairing, or maintaining an elevator.
170          (16) "Elevator mechanic" means an individual who is licensed under this chapter as an
171     elevator mechanic and who is engaged in erecting, constructing, installing, altering, servicing,
172     repairing, or maintaining an elevator under the immediate supervision of an elevator contractor.
173          (17) "Employee" means an individual as defined by the division by rule giving
174     consideration to the definition adopted by the Internal Revenue Service and the Department of
175     Workforce Services.
176          (18) "Engage in a construction trade" means to:
177          (a) engage in, represent oneself to be engaged in, or advertise oneself as being engaged
178     in a construction trade; or
179          (b) use the name "contractor" or "builder" or in any other way lead a reasonable person
180     to believe one is or will act as a contractor.
181          (19) (a) "Financial responsibility" means a demonstration of a current and expected
182     future condition of financial solvency evidencing a reasonable expectation to the division and
183     the board that an applicant or licensee can successfully engage in business as a contractor
184     without jeopardy to the public health, safety, and welfare.
185          (b) Financial responsibility may be determined by an evaluation of the total history
186     concerning the licensee or applicant including past, present, and expected condition and record
187     of financial solvency and business conduct.
188          (20) "Gas appliance" means any device that uses natural gas to produce light, heat,
189     power, steam, hot water, refrigeration, or air conditioning.
190          (21) (a) "General building contractor" means a person licensed under this chapter as a
191     general building contractor qualified by education, training, experience, and knowledge to
192     perform or superintend construction of structures for the support, shelter, and enclosure of
193     persons, animals, chattels, or movable property of any kind or any of the components of that
194     construction except plumbing, electrical work, mechanical work, work related to the operating
195     integrity of an elevator, and manufactured housing installation, for which the general building
196     contractor shall employ the services of a contractor licensed in the particular specialty, except
197     that a general building contractor engaged in the construction of single-family and multifamily
198     residences up to four units may perform the mechanical work and hire a licensed plumber or
199     electrician as an employee.
200          (b) The division may by rule exclude general building contractors from engaging in the
201     performance of other construction specialties in which there is represented a substantial risk to
202     the public health, safety, and welfare, and for which a license is required unless that general
203     building contractor holds a valid license in that specialty classification.
204          (22) (a) "General engineering contractor" means a person licensed under this chapter as
205     a general engineering contractor qualified by education, training, experience, and knowledge to
206     perform construction of fixed works in any of the following: irrigation, drainage, water, power,
207     water supply, flood control, inland waterways, harbors, railroads, highways, tunnels, airports
208     and runways, sewers and bridges, refineries, pipelines, chemical and industrial plants requiring
209     specialized engineering knowledge and skill, piers, and foundations, or any of the components
210     of those works.
211          (b) A general engineering contractor may not perform construction of structures built
212     primarily for the support, shelter, and enclosure of persons, animals, and chattels.
213          (23) "Immediate supervision" means reasonable direction, oversight, inspection, and
214     evaluation of the work of a person:
215          (a) as the division specifies in rule;
216          (b) by, as applicable, a qualified electrician or plumber;
217          (c) as part of a planned program of training; and
218          (d) to ensure that the end result complies with applicable standards.
219          (24) "Individual" means a natural person.
220          (25) "Journeyman electrician" means a person licensed under this chapter as a
221     journeyman electrician having the qualifications, training, experience, and knowledge to wire,
222     install, and repair electrical apparatus and equipment for light, heat, power, and other purposes.
223          (26) "Journeyman plumber" means a person licensed under this chapter as a
224     journeyman plumber having the qualifications, training, experience, and technical knowledge
225     to engage in the plumbing trade.
226          (27) "Master electrician" means a person licensed under this chapter as a master
227     electrician having the qualifications, training, experience, and knowledge to properly plan,
228     layout, and supervise the wiring, installation, and repair of electrical apparatus and equipment
229     for light, heat, power, and other purposes.
230          (28) "Master plumber" means a person licensed under this chapter as a master plumber
231     having the qualifications, training, experience, and knowledge to properly plan and layout
232     projects and supervise persons in the plumbing trade.
233          (29) "Person" means a natural person, sole proprietorship, joint venture, corporation,
234     limited liability company, association, or organization of any type.
235          (30) (a) "Plumbing trade" means the performance of any mechanical work pertaining to
236     the installation, alteration, change, repair, removal, maintenance, or use in buildings, or within
237     three feet beyond the outside walls of buildings of pipes, fixtures, and fittings for:
238          (i) delivery of the water supply;
239          (ii) discharge of liquid and water carried waste; or
240          (iii) the building drainage system within the walls of the building.
241          (b) "Plumbing trade" includes work pertaining to the water supply, distribution pipes,
242     fixtures and fixture traps, soil, waste and vent pipes, and the building drain and roof drains
243     together with their devices, appurtenances, and connections where installed within the outside
244     walls of the building.
245          (31) (a) "Ratio of apprentices" means, for the purpose of determining compliance with
246     the requirements for planned programs of training and electrician apprentice licensing
247     applications, the shop ratio of apprentice electricians to journeyman or master electricians shall
248     be one journeyman or master electrician to one apprentice on industrial and commercial work,
249     and one journeyman or master electrician to three apprentices on residential work.
250          (b) On-the-job training shall be under circumstances in which the ratio of apprentices
251     to supervisors is in accordance with a ratio of one-to-one on nonresidential work and up to
252     three apprentices to one supervisor on residential projects.
253          (32) "Residential and small commercial contractor" means a person licensed under this
254     chapter as a residential and small commercial contractor qualified by education, training,
255     experience, and knowledge to perform or superintend the construction of single-family
256     residences, multifamily residences up to four units, and commercial construction of not more
257     than three stories above ground and not more than 20,000 square feet, or any of the components
258     of that construction except plumbing, electrical work, mechanical work, and manufactured
259     housing installation, for which the residential and small commercial contractor shall employ
260     the services of a contractor licensed in the particular specialty, except that a residential and
261     small commercial contractor engaged in the construction of single-family and multifamily
262     residences up to four units may perform the mechanical work and hire a licensed plumber or
263     electrician as an employee.
264          (33) "Residential building," as it relates to the license classification of residential
265     journeyman plumber and residential master plumber, means a single or multiple family
266     dwelling of up to four units.
267          (34) "Residential journeyman electrician" means a person licensed under this chapter
268     as a residential journeyman electrician having the qualifications, training, experience, and
269     knowledge to wire, install, and repair electrical apparatus and equipment for light, heat, power,
270     and other purposes on buildings using primarily nonmetallic sheath cable.
271          (35) "Residential journeyman plumber" means a person licensed under this chapter as a
272     residential journeyman plumber having the qualifications, training, experience, and knowledge
273     to engage in the plumbing trade as limited to the plumbing of residential buildings.
274          (36) "Residential master electrician" means a person licensed under this chapter as a
275     residential master electrician having the qualifications, training, experience, and knowledge to
276     properly plan, layout, and supervise the wiring, installation, and repair of electrical apparatus
277     and equipment for light, heat, power, and other purposes on residential projects.
278          (37) "Residential master plumber" means a person licensed under this chapter as a
279     residential master plumber having the qualifications, training, experience, and knowledge to
280     properly plan and layout projects and supervise persons in the plumbing trade as limited to the
281     plumbing of residential buildings.
282          (38) "Residential project," as it relates to an electrician or electrical contractor, means
283     buildings primarily wired with nonmetallic sheathed cable, in accordance with standard rules
284     and regulations governing this work, including the National Electrical Code, and in which the
285     voltage does not exceed 250 volts line to line and 125 volts to ground.
286          (39) "Sensitive alarm system information" means:
287          (a) a pass code or other code used in the operation of an alarm system;
288          (b) information on the location of alarm system components at the premises of a
289     customer of the alarm business providing the alarm system;
290          (c) information that would allow the circumvention, bypass, deactivation, or other
291     compromise of an alarm system of a customer of the alarm business providing the alarm
292     system; and
293          (d) any other similar information that the division by rule determines to be information
294     that an individual employed by an alarm business should use or have access to only if the
295     individual is licensed as provided in this chapter.
296          (40) (a) "Specialty contractor" means a person licensed under this chapter under a
297     specialty contractor classification established by rule, who is qualified by education, training,
298     experience, and knowledge to perform those construction trades and crafts requiring
299     specialized skill, the regulation of which are determined by the division to be in the best
300     interest of the public health, safety, and welfare.
301          (b) A specialty contractor may perform work in crafts or trades other than those in
302     which the specialty contractor is licensed if they are incidental to the performance of the
303     specialty contractor's licensed craft or trade.
304          (41) "Unincorporated entity" means an entity that is not:
305          (a) an individual;
306          (b) a corporation; or
307          (c) publicly traded.
308          (42) "Unlawful conduct" [is as] means the same as that term is defined in Sections
309     58-1-501 and 58-55-501.
310          (43) "Unprofessional conduct" [is as] means the same as that term is defined in
311     Sections 58-1-501 and 58-55-502 and as may be further defined by rule.
312          (44) "Wages" means amounts due to an employee for labor or services whether the
313     amount is fixed or ascertained on a time, task, piece, commission, or other basis for calculating
314     the amount.
315          Section 3. Section 58-55-302 is amended to read:
316          58-55-302. Qualifications for licensure.
317          (1) Each applicant for a license under this chapter shall:
318          (a) submit an application prescribed by the division;
319          (b) pay a fee as determined by the department under Section 63J-1-504;
320          (c) (i) meet the examination requirements established by rule by the commission with
321     the concurrence of the director, except for the classifications of apprentice plumber and
322     apprentice electrician for whom no examination is required; or
323          (ii) if required in Section 58-55-304, the individual qualifier must pass the required
324     examination if the applicant is a business entity;
325          (d) if an apprentice, identify the proposed supervisor of the apprenticeship;
326          (e) if an applicant for a contractor's license:
327          (i) produce satisfactory evidence of financial responsibility, except for a construction
328     trades instructor for whom evidence of financial responsibility is not required;
329          (ii) produce satisfactory evidence of:
330          (A) except as provided in Subsection (2)(a), two years full-time paid employment
331     experience in the construction industry, which experience, unless more specifically described
332     in this section, may be related to any contracting classification; and
333          (B) knowledge of the principles of the conduct of business as a contractor, reasonably
334     necessary for the protection of the public health, safety, and welfare;
335          (iii) except as otherwise provided by rule by the commission with the concurrence of
336     the director, complete a 20-hour course established by rule by the commission with the
337     concurrence of the director, which course may include:
338          (A) construction business practices;
339          (B) bookkeeping fundamentals;
340          (C) mechanics lien fundamentals; and
341          (D) other aspects of business and construction principles considered important by the
342     commission with the concurrence of the director;
343          (iv) (A) be a licensed master electrician if an applicant for an electrical contractor's
344     license or a licensed master residential electrician if an applicant for a residential electrical
345     contractor's license;
346          (B) be a licensed master plumber if an applicant for a plumbing contractor's license or
347     a licensed master residential plumber if an applicant for a residential plumbing contractor's
348     license; or
349          (C) be a licensed elevator mechanic and produce satisfactory evidence of three years
350     experience as an elevator mechanic if an applicant for an elevator contractor's license; and
351          (v) when the applicant is an unincorporated entity, provide a list of the one or more
352     individuals who hold an ownership interest in the applicant as of the day on which the
353     application is filed that includes for each individual:
354          (A) the individual's name, address, birth date, and social security number; and
355          (B) whether the individual will engage in a construction trade; and
356          (f) if an applicant for a construction trades instructor license, satisfy any additional
357     requirements established by rule.
358          (2) (a) If the applicant for a contractors' license described in Subsection (1) is a
359     building inspector, the applicant may satisfy Subsection (1)(e)(ii)(A) by producing satisfactory
360     evidence of two years full-time paid employment experience as a building inspector, which
361     shall include at least one year full-time experience as a licensed combination inspector.
362          (b) After approval of an applicant for a contractor's license by the applicable board and
363     the division, the applicant shall file the following with the division before the division issues
364     the license:
365          [(a)] (i) proof of workers' compensation insurance which covers employees of the
366     applicant in accordance with applicable Utah law;
367          [(b)] (ii) proof of public liability insurance in coverage amounts and form established
368     by rule except for a construction trades instructor for whom public liability insurance is not
369     required; and
370          [(c)] (iii) proof of registration as required by applicable law with the:
371          [(i) Utah] (A) Department of Commerce;
372          [(ii)] (B) Division of Corporations and Commercial Code;
373          [(iii)] (C) Unemployment Insurance Division in the Department of Workforce
374     Services, for purposes of Title 35A, Chapter 4, Employment Security Act;
375          [(iv)] (D) State Tax Commission; and
376          [(v)] (E) Internal Revenue Service.
377          (3) In addition to the general requirements for each applicant in Subsection (1),
378     applicants shall comply with the following requirements to be licensed in the following
379     classifications:
380          (a) (i) A master plumber shall produce satisfactory evidence that the applicant:
381          (A) has been a licensed journeyman plumber for at least two years and had two years of
382     supervisory experience as a licensed journeyman plumber in accordance with division rule;
383          (B) has received at least an associate of applied science degree or similar degree
384     following the completion of a course of study approved by the division and had one year of
385     supervisory experience as a licensed journeyman plumber in accordance with division rule; or
386          (C) meets the qualifications determined by the division in collaboration with the board
387     to be equivalent to Subsection (3)(a)(i)(A) or (B).
388          (ii) An individual holding a valid Utah license as a journeyman plumber, based on at
389     least four years of practical experience as a licensed apprentice under the supervision of a
390     licensed journeyman plumber and four years as a licensed journeyman plumber, in effect
391     immediately prior to May 5, 2008, is on and after May 5, 2008, considered to hold a current
392     master plumber license under this chapter, and satisfies the requirements of this Subsection
393     (3)(a) for the purpose of renewal or reinstatement of that license under Section 58-55-303.
394          (iii) An individual holding a valid plumbing contractor's license or residential
395     plumbing contractor's license, in effect immediately prior to May 5, 2008, is on or after May 5,
396     2008:
397          (A) considered to hold a current master plumber license under this chapter if licensed
398     as a plumbing contractor and a journeyman plumber, and satisfies the requirements of this
399     Subsection (3)(a) for purposes of renewal or reinstatement of that license under Section
400     58-55-303; and
401          (B) considered to hold a current residential master plumber license under this chapter if
402     licensed as a residential plumbing contractor and a residential journeyman plumber, and
403     satisfies the requirements of this Subsection (3)(a) for purposes of renewal or reinstatement of
404     that license under Section 58-55-303.
405          (b) A master residential plumber applicant shall produce satisfactory evidence that the
406     applicant:
407          (i) has been a licensed residential journeyman plumber for at least two years and had
408     two years of supervisory experience as a licensed residential journeyman plumber in
409     accordance with division rule; or
410          (ii) meets the qualifications determined by the division in collaboration with the board
411     to be equivalent to Subsection (3)(b)(i).
412          (c) A journeyman plumber applicant shall produce satisfactory evidence of:
413          (i) successful completion of the equivalent of at least four years of full-time training
414     and instruction as a licensed apprentice plumber under supervision of a licensed master
415     plumber or journeyman plumber and in accordance with a planned program of training
416     approved by the division;
417          (ii) at least eight years of full-time experience approved by the division in collaboration
418     with the Plumbers Licensing Board; or
419          (iii) satisfactory evidence of meeting the qualifications determined by the board to be
420     equivalent to Subsection (3)(c)(i) or (c)(ii).
421          (d) A residential journeyman plumber shall produce satisfactory evidence of:
422          (i) completion of the equivalent of at least three years of full-time training and
423     instruction as a licensed apprentice plumber under the supervision of a licensed residential
424     master plumber, licensed residential journeyman plumber, or licensed journeyman plumber in
425     accordance with a planned program of training approved by the division;
426          (ii) completion of at least six years of full-time experience in a maintenance or repair
427     trade involving substantial plumbing work; or
428          (iii) meeting the qualifications determined by the board to be equivalent to Subsection
429     (3)(d)(i) or (d)(ii).
430          (e) The conduct of licensed apprentice plumbers and their licensed supervisors shall be
431     in accordance with the following:
432          (i) while engaging in the trade of plumbing, a licensed apprentice plumber shall be
433     under the immediate supervision of a licensed master plumber, licensed residential master
434     plumber, licensed journeyman plumber, or a licensed residential journeyman plumber; and
435          (ii) a licensed apprentice plumber in the fourth through tenth year of training may work
436     without supervision for a period not to exceed eight hours in any 24-hour period, but if the
437     apprentice does not become a licensed journeyman plumber or licensed residential journeyman
438     plumber by the end of the tenth year of apprenticeship, this nonsupervision provision no longer
439     applies.
440          (f) A master electrician applicant shall produce satisfactory evidence that the applicant:
441          (i) is a graduate electrical engineer of an accredited college or university approved by
442     the division and has one year of practical electrical experience as a licensed apprentice
443     electrician;
444          (ii) is a graduate of an electrical trade school, having received an associate of applied
445     sciences degree following successful completion of a course of study approved by the division,
446     and has two years of practical experience as a licensed journeyman electrician;
447          (iii) has four years of practical experience as a journeyman electrician; or
448          (iv) meets the qualifications determined by the board to be equivalent to Subsection
449     (3)(f)(i), (ii), or (iii).
450          (g) A master residential electrician applicant shall produce satisfactory evidence that
451     the applicant:
452          (i) has at least two years of practical experience as a residential journeyman electrician;
453     or
454          (ii) meets the qualifications determined by the board to be equivalent to this practical
455     experience.
456          (h) A journeyman electrician applicant shall produce satisfactory evidence that the
457     applicant:
458          (i) has successfully completed at least four years of full-time training and instruction as
459     a licensed apprentice electrician under the supervision of a master electrician or journeyman
460     electrician and in accordance with a planned training program approved by the division;
461          (ii) has at least eight years of full-time experience approved by the division in
462     collaboration with the Electricians Licensing Board; or
463          (iii) meets the qualifications determined by the board to be equivalent to Subsection
464     (3)(h)(i) or (ii).
465          (i) A residential journeyman electrician applicant shall produce satisfactory evidence
466     that the applicant:
467          (i) has successfully completed two years of training in an electrical training program
468     approved by the division;
469          (ii) has four years of practical experience in wiring, installing, and repairing electrical
470     apparatus and equipment for light, heat, and power under the supervision of a licensed master,
471     journeyman, residential master, or residential journeyman electrician; or
472          (iii) meets the qualifications determined by the division and applicable board to be
473     equivalent to Subsection (3)(i)(i) or (ii).
474          (j) The conduct of licensed apprentice electricians and their licensed supervisors shall
475     be in accordance with the following:
476          (i) A licensed apprentice electrician shall be under the immediate supervision of a
477     licensed master, journeyman, residential master, or residential journeyman electrician. An
478     apprentice in the fourth year of training may work without supervision for a period not to
479     exceed eight hours in any 24-hour period.
480          (ii) A licensed master, journeyman, residential master, or residential journeyman
481     electrician may have under immediate supervision on a residential project up to three licensed
482     apprentice electricians.
483          (iii) A licensed master or journeyman electrician may have under immediate
484     supervision on nonresidential projects only one licensed apprentice electrician.
485          (k) An alarm company applicant shall:
486          (i) have a qualifying agent who is an officer, director, partner, proprietor, or manager of
487     the applicant who:
488          (A) demonstrates 6,000 hours of experience in the alarm company business;
489          (B) demonstrates 2,000 hours of experience as a manager or administrator in the alarm
490     company business or in a construction business; and
491          (C) passes an examination component established by rule by the commission with the
492     concurrence of the director;
493          (ii) if a corporation, provide:
494          (A) the names, addresses, dates of birth, social security numbers, and fingerprint cards
495     of all corporate officers, directors, and those responsible management personnel employed
496     within the state or having direct responsibility for managing operations of the applicant within
497     the state; and
498          (B) the names, addresses, dates of birth, social security numbers, and fingerprint cards
499     of all shareholders owning 5% or more of the outstanding shares of the corporation, except this
500     shall not be required if the stock is publicly listed and traded;
501          (iii) if a limited liability company, provide:
502          (A) the names, addresses, dates of birth, social security numbers, and fingerprint cards
503     of all company officers, and those responsible management personnel employed within the
504     state or having direct responsibility for managing operations of the applicant within the state;
505     and
506          (B) the names, addresses, dates of birth, social security numbers, and fingerprint cards
507     of all individuals owning 5% or more of the equity of the company;
508          (iv) if a partnership, provide the names, addresses, dates of birth, social security
509     numbers, and fingerprint cards of all general partners, and those responsible management
510     personnel employed within the state or having direct responsibility for managing operations of
511     the applicant within the state;
512          (v) if a proprietorship, provide the names, addresses, dates of birth, social security
513     numbers, and fingerprint cards of the proprietor, and those responsible management personnel
514     employed within the state or having direct responsibility for managing operations of the
515     applicant within the state;
516          (vi) if a trust, provide the names, addresses, dates of birth, social security numbers, and
517     fingerprint cards of the trustee, and those responsible management personnel employed within
518     the state or having direct responsibility for managing operations of the applicant within the
519     state;
520          (vii) be of good moral character in that officers, directors, shareholders described in
521     Subsection (3)(k)(ii)(B), partners, proprietors, trustees, and responsible management personnel
522     have not been convicted of a felony, a misdemeanor involving moral turpitude, or any other
523     crime that when considered with the duties and responsibilities of an alarm company is
524     considered by the board to indicate that the best interests of the public are served by granting
525     the applicant a license;
526          (viii) document that none of the applicant's officers, directors, shareholders described
527     in Subsection (3)(k)(ii)(B), partners, proprietors, trustees, and responsible management
528     personnel have been declared by any court of competent jurisdiction incompetent by reason of
529     mental defect or disease and not been restored;
530          (ix) document that none of the applicant's officers, directors, shareholders described in
531     Subsection (3)(k)(ii)(B), partners, proprietors, and responsible management personnel are
532     currently suffering from habitual drunkenness or from drug addiction or dependence;
533          (x) file and maintain with the division evidence of:
534          (A) comprehensive general liability insurance in form and in amounts to be established
535     by rule by the commission with the concurrence of the director;
536          (B) workers' compensation insurance that covers employees of the applicant in
537     accordance with applicable Utah law; and
538          (C) registration as is required by applicable law with the:
539          (I) Division of Corporations and Commercial Code;
540          (II) Unemployment Insurance Division in the Department of Workforce Services, for
541     purposes of Title 35A, Chapter 4, Employment Security Act;
542          (III) State Tax Commission; and
543          (IV) Internal Revenue Service; and
544          (xi) meet with the division and board.
545          (l) Each applicant for licensure as an alarm company agent shall:
546          (i) submit an application in a form prescribed by the division accompanied by
547     fingerprint cards;
548          (ii) pay a fee determined by the department under Section 63J-1-504;
549          (iii) be of good moral character in that the applicant has not been convicted of a felony,
550     a misdemeanor involving moral turpitude, or any other crime that when considered with the
551     duties and responsibilities of an alarm company agent is considered by the board to indicate
552     that the best interests of the public are served by granting the applicant a license;
553          (iv) not have been declared by any court of competent jurisdiction incompetent by
554     reason of mental defect or disease and not been restored;
555          (v) not be currently suffering from habitual drunkenness or from drug addiction or
556     dependence; and
557          (vi) meet with the division and board if requested by the division or the board.
558          (m) (i) Each applicant for licensure as an elevator mechanic shall:
559          (A) provide documentation of experience and education credits of not less than three
560     years work experience in the elevator industry, in construction, maintenance, or service and
561     repair; and
562          (B) satisfactorily complete a written examination administered by the division
563     established by rule under Section 58-1-203; or
564          (C) provide certificates of completion of an apprenticeship program for elevator
565     mechanics, having standards substantially equal to those of this chapter and registered with the
566     United States Department of Labor Bureau Apprenticeship and Training or a state
567     apprenticeship council.
568          (ii) (A) If an elevator contractor licensed under this chapter cannot find a licensed
569     elevator mechanic to perform the work of erecting, constructing, installing, altering, servicing,
570     repairing, or maintaining an elevator, the contractor may:
571          (I) notify the division of the unavailability of licensed personnel; and
572          (II) request the division issue a temporary elevator mechanic license to an individual
573     certified by the contractor as having an acceptable combination of documented experience and
574     education to perform the work described in this Subsection (3)(m)(ii)(A).
575          (B) (I) The division may issue a temporary elevator mechanic license to an individual
576     certified under Subsection (3)(m)(ii)(A)(II) upon application by the individual, accompanied by
577     the appropriate fee as determined by the department under Section 63J-1-504.
578          (II) The division shall specify the time period for which the license is valid and may
579     renew the license for an additional time period upon its determination that a shortage of
580     licensed elevator mechanics continues to exist.
581          (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
582     division may make rules establishing when Federal Bureau of Investigation records shall be
583     checked for applicants as an alarm company or alarm company agent.
584          (5) To determine if an applicant meets the qualifications of Subsections (3)(k)(vii) and
585     (3)(l)(iii), the division shall provide an appropriate number of copies of fingerprint cards to the
586     Department of Public Safety with the division's request to:
587          (a) conduct a search of records of the Department of Public Safety for criminal history
588     information relating to each applicant for licensure as an alarm company or alarm company
589     agent and each applicant's officers, directors, shareholders described in Subsection
590     (3)(k)(ii)(B), partners, proprietors, and responsible management personnel; and
591          (b) forward to the Federal Bureau of Investigation a fingerprint card of each applicant
592     requiring a check of records of the Federal Bureau of Investigation for criminal history
593     information under this section.
594          (6) The Department of Public Safety shall send to the division:
595          (a) a written record of criminal history, or certification of no criminal history record, as
596     contained in the records of the Department of Public Safety in a timely manner after receipt of
597     a fingerprint card from the division and a request for review of Department of Public Safety
598     records; and
599          (b) the results of the Federal Bureau of Investigation review concerning an applicant in
600     a timely manner after receipt of information from the Federal Bureau of Investigation.
601          (7) (a) The division shall charge each applicant for licensure as an alarm company or
602     alarm company agent a fee, in accordance with Section 63J-1-504, equal to the cost of
603     performing the records reviews under this section.
604          (b) The division shall pay the Department of Public Safety the costs of all records
605     reviews, and the Department of Public Safety shall pay the Federal Bureau of Investigation the
606     costs of records reviews under this section.
607          (8) Information obtained by the division from the reviews of criminal history records of
608     the Department of Public Safety and the Federal Bureau of Investigation shall be used or
609     disseminated by the division only for the purpose of determining if an applicant for licensure as
610     an alarm company or alarm company agent is qualified for licensure.
611          (9) (a) An application for licensure under this chapter shall be denied if:
612          (i) the applicant has had a previous license, which was issued under this chapter,
613     suspended or revoked within one year prior to the date of the applicant's application;
614          (ii) (A) the applicant is a partnership, corporation, or limited liability company; and
615          (B) any corporate officer, director, shareholder holding 25% or more of the stock in the
616     applicant, partner, member, agent acting as a qualifier, or any person occupying a similar
617     status, performing similar functions, or directly or indirectly controlling the applicant has
618     served in any similar capacity with any person or entity which has had a previous license,
619     which was issued under this chapter, suspended or revoked within one year prior to the date of
620     the applicant's application;
621          (iii) (A) the applicant is an individual or sole proprietorship; and
622          (B) any owner or agent acting as a qualifier has served in any capacity listed in
623     Subsection (9)(a)(ii)(B) in any entity which has had a previous license, which was issued under
624     this chapter, suspended or revoked within one year prior to the date of the applicant's
625     application; or
626          (iv) (A) the applicant includes an individual who was an owner, director, or officer of
627     an unincorporated entity at the time the entity's license under this chapter was revoked; and
628          (B) the application for licensure is filed within 60 months after the revocation of the
629     unincorporated entity's license.
630          (b) An application for licensure under this chapter shall be reviewed by the appropriate
631     licensing board prior to approval if:
632          (i) the applicant has had a previous license, which was issued under this chapter,
633     suspended or revoked more than one year prior to the date of the applicant's application;
634          (ii) (A) the applicant is a partnership, corporation, or limited liability company; and
635          (B) any corporate officer, director, shareholder holding 25% or more of the stock in the
636     applicant, partner, member, agent acting as a qualifier, or any person occupying a similar
637     status, performing similar functions, or directly or indirectly controlling the applicant has
638     served in any similar capacity with any person or entity which has had a previous license,
639     which was issued under this chapter, suspended or revoked more than one year prior to the date
640     of the applicant's application; or
641          (iii) (A) the applicant is an individual or sole proprietorship; and
642          (B) any owner or agent acting as a qualifier has served in any capacity listed in
643     Subsection (9)(b)(ii)(B) in any entity which has had a previous license, which was issued under
644     this chapter, suspended or revoked more than one year prior to the date of the applicant's
645     application.
646          (10) (a) (i) A licensee that is an unincorporated entity shall file an ownership status
647     report with the division every 30 days after the day on which the license is issued if the licensee
648     has more than five owners who are individuals who:
649          (A) own an interest in the contractor that is an unincorporated entity;
650          (B) own, directly or indirectly, less than an 8% interest, as defined by rule made by the
651     division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in the
652     unincorporated entity; and
653          (C) engage, or will engage, in a construction trade in the state as owners of the
654     contractor described in Subsection (10)(a)(i)(A).
655          (ii) If the licensee has five or fewer owners described in Subsection (10)(a)(i), the
656     licensee shall provide the ownership status report with an application for renewal of licensure.
657          (b) An ownership status report required under this Subsection (10) shall:
658          (i) specify each addition or deletion of an owner:
659          (A) for the first ownership status report, after the day on which the unincorporated
660     entity is licensed under this chapter; and
661          (B) for a subsequent ownership status report, after the day on which the previous
662     ownership status report is filed;
663          (ii) be in a format prescribed by the division that includes for each owner, regardless of
664     the owner's percentage ownership in the unincorporated entity, the information described in
665     Subsection(1)(e)(v);
666          (iii) list the name of:
667          (A) each officer or manager of the unincorporated entity; and
668          (B) each other individual involved in the operation, supervision, or management of the
669     unincorporated entity; and
670          (iv) be accompanied by a fee set by the division in accordance with Section 63J-1-504
671     if the ownership status report indicates there is a change described in Subsection (10)(b)(i).
672          (c) The division may, at any time, audit an ownership status report under this
673     Subsection (10):
674          (i) to determine if financial responsibility has been demonstrated or maintained as
675     required under Section 58-55-306; and
676          (ii) to determine compliance with Subsection 58-55-501(24), (25), or (27) or
677     Subsection 58-55-502(8) or (9).
678          (11) (a) An unincorporated entity that provides labor to an entity licensed under this
679     chapter by providing an individual who owns an interest in the unincorporated entity to engage
680     in a construction trade in Utah shall file with the division:
681          (i) before the individual who owns an interest in the unincorporated entity engages in a
682     construction trade in Utah, a current list of the one or more individuals who hold an ownership
683     interest in the unincorporated entity that includes for each individual:
684          (A) the individual's name, address, birth date, and social security number; and
685          (B) whether the individual will engage in a construction trade; and
686          (ii) every 30 days after the day on which the unincorporated entity provides the list
687     described in Subsection (11)(a)(i), an ownership status report containing the information that
688     would be required under Subsection (10) if the unincorporated entity were a licensed
689     contractor.
690          (b) When filing an ownership list described in Subsection (11)(a)(i) or an ownership
691     status report described in Subsection (11)(a)(ii), an unincorporated entity shall pay a fee set by
692     the division in accordance with Section 63J-1-504.
693          (12) This chapter may not be interpreted to create or support an express or implied
694     independent contractor relationship between an unincorporated entity described in Subsection
695     (10) or (11) and the owners of the unincorporated entity for any purpose, including income tax
696     withholding.
697          (13) A social security number provided under Subsection (1)(e)(v) is a private record
698     under Subsection 63G-2-302(1)(i).