1     
LICENSURE CHANGES

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Mike Schultz

5     
Senate Sponsor: Curtis S. Bramble

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the Utah Construction Trades Licensing Act (the act).
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms related to certain electrical contractors, plumbing contractors, and
13     prelicensure course providers under the act;
14          ▸     modifies the testing and work experience requirements for licensure as a specialty
15     contractor under the act;
16          ▸     modifies continuing education requirements for certain contractors; and
17          ▸     makes technical changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          58-55-102, as last amended by Laws of Utah 2016, Chapter 268
25          58-55-301, as last amended by Laws of Utah 2010, Chapter 227
26          58-55-302, as last amended by Laws of Utah 2016, Chapters 238 and 268
27          58-55-302.5, as last amended by Laws of Utah 2016, Chapter 260
28     

29     Be it enacted by the Legislature of the state of Utah:

30          Section 1. Section 58-55-102 is amended to read:
31          58-55-102. Definitions.
32          In addition to the definitions in Section 58-1-102, as used in this chapter:
33          (1) (a) "Alarm business or company" means a person engaged in the sale, installation,
34     maintenance, alteration, repair, replacement, servicing, or monitoring of an alarm system, except
35     as provided in Subsection (1)(b).
36          (b) "Alarm business or company" does not include:
37          (i) a person engaged in the manufacture or sale of alarm systems unless:
38          (A) that person is also engaged in the installation, maintenance, alteration, repair,
39     replacement, servicing, or monitoring of alarm systems;
40          (B) the manufacture or sale occurs at a location other than a place of business
41     established by the person engaged in the manufacture or sale; or
42          (C) the manufacture or sale involves site visits at the place or intended place of
43     installation of an alarm system; or
44          (ii) an owner of an alarm system, or an employee of the owner of an alarm system who
45     is engaged in installation, maintenance, alteration, repair, replacement, servicing, or monitoring
46     of the alarm system owned by that owner.
47          (2) "Alarm company agent":
48          (a) except as provided in Subsection (2)(b), means any individual employed within this
49     state by an alarm business; and
50          (b) does not include an individual who:
51          (i) is not engaged in the sale, installation, maintenance, alteration, repair, replacement,
52     servicing, or monitoring of an alarm system; and
53          (ii) does not, during the normal course of the individual's employment with an alarm
54     business, use or have access to sensitive alarm system information.
55          (3) "Alarm system" means equipment and devices assembled for the purpose of:
56          (a) detecting and signaling unauthorized intrusion or entry into or onto certain premises;
57     or

58          (b) signaling a robbery or attempted robbery on protected premises.
59          (4) "Apprentice electrician" means a person licensed under this chapter as an apprentice
60     electrician who is learning the electrical trade under the immediate supervision of a master
61     electrician, residential master electrician, a journeyman electrician, or a residential journeyman
62     electrician.
63          (5) "Apprentice plumber" means a person licensed under this chapter as an apprentice
64     plumber who is learning the plumbing trade under the immediate supervision of a master
65     plumber, residential master plumber, journeyman plumber, or a residential journeyman plumber.
66          (6) "Approved continuing education" means instruction provided through courses under
67     a program established under Subsection 58-55-302.5(2).
68          (7) (a) "Approved prelicensure course provider" means a provider that is approved by
69     the commission with the concurrence of the director, and that meets the requirements
70     established by rule by the commission with the concurrence of the director, to teach the 25-hour
71     course described in Subsection 58-55-302(1)(e)(iii).
72          (b) "Approved prelicensure course provider" may only include a provider that, in
73     addition to any other locations, offers the 25-hour course described in Subsection
74     58-55-302(1)(e)(iii) at least six times each year in one or more counties other than Salt Lake
75     County, Utah County, Davis County, or Weber County.
76          [(7)] (8) "Board" means the Electrician Licensing Board, Alarm System Security and
77     Licensing Board, or Plumbers Licensing Board created in Section 58-55-201.
78          [(8)] (9) "Combustion system" means an assembly consisting of:
79          (a) piping and components with a means for conveying, either continuously or
80     intermittently, natural gas from the outlet of the natural gas provider's meter to the burner of the
81     appliance;
82          (b) the electric control and combustion air supply and venting systems, including air
83     ducts; and
84          (c) components intended to achieve control of quantity, flow, and pressure.
85          [(9)] (10) "Commission" means the Construction Services Commission created under

86     Section 58-55-103.
87          [(10)] (11) "Construction trade" means any trade or occupation involving:
88          (a) (i) construction, alteration, remodeling, repairing, wrecking or demolition, addition
89     to, or improvement of any building, highway, road, railroad, dam, bridge, structure, excavation
90     or other project, development, or improvement to other than personal property; and
91          (ii) constructing, remodeling, or repairing a manufactured home or mobile home as
92     defined in Section 15A-1-302; or
93          (b) installation or repair of a residential or commercial natural gas appliance or
94     combustion system.
95          [(11)] (12) "Construction trades instructor" means a person licensed under this chapter
96     to teach one or more construction trades in both a classroom and project environment, where a
97     project is intended for sale to or use by the public and is completed under the direction of the
98     instructor, who has no economic interest in the project.
99          [(12)] (13) (a) "Contractor" means any person who for compensation other than wages
100     as an employee undertakes any work in the construction, plumbing, or electrical trade for which
101     licensure is required under this chapter and includes:
102          (i) a person who builds any structure on the person's own property for the purpose of
103     sale or who builds any structure intended for public use on the person's own property;
104          (ii) any person who represents that the person is a contractor, or will perform a service
105     described in this Subsection [(12)] (13), by advertising on a website or social media, or any
106     other means;
107          (iii) any person engaged as a maintenance person, other than an employee, who
108     regularly engages in activities set forth under the definition of "construction trade";
109          (iv) any person engaged in, or offering to engage in, any construction trade for which
110     licensure is required under this chapter; or
111          (v) a construction manager, construction consultant, construction assistant, or any other
112     person who, for a fee:
113          (A) performs or offers to perform construction consulting;

114          (B) performs or offers to perform management of construction subcontractors;
115          (C) provides or offers to provide a list of subcontractors or suppliers; or
116          (D) provides or offers to provide management or counseling services on a construction
117     project.
118          (b) "Contractor" does not include:
119          (i) an alarm company or alarm company agent; or
120          (ii) a material supplier who provides consulting to customers regarding the design and
121     installation of the material supplier's products.
122          [(13)] (14) (a) "Electrical trade" means the performance of any electrical work involved
123     in the installation, construction, alteration, change, repair, removal, or maintenance of facilities,
124     buildings, or appendages or appurtenances.
125          (b) "Electrical trade" does not include:
126          (i) transporting or handling electrical materials;
127          (ii) preparing clearance for raceways for wiring; or
128          (iii) work commonly done by unskilled labor on any installations under the exclusive
129     control of electrical utilities.
130          (c) For purposes of Subsection [(13)] (14)(b):
131          (i) no more than one unlicensed person may be so employed unless more than five
132     licensed electricians are employed by the shop; and
133          (ii) a shop may not employ unlicensed persons in excess of the five-to-one ratio
134     permitted by this Subsection [(13)] (14)(c).
135          [(14)] (15) "Elevator" means the same as that term is defined in Section 34A-7-202,
136     except that for purposes of this chapter it does not mean a stair chair, a vertical platform lift, or
137     an incline platform lift.
138          [(15)] (16) "Elevator contractor" means a sole proprietor, firm, or corporation licensed
139     under this chapter that is engaged in the business of erecting, constructing, installing, altering,
140     servicing, repairing, or maintaining an elevator.
141          [(16)] (17) "Elevator mechanic" means an individual who is licensed under this chapter

142     as an elevator mechanic and who is engaged in erecting, constructing, installing, altering,
143     servicing, repairing, or maintaining an elevator under the immediate supervision of an elevator
144     contractor.
145          [(17)] (18) "Employee" means an individual as defined by the division by rule giving
146     consideration to the definition adopted by the Internal Revenue Service and the Department of
147     Workforce Services.
148          [(18)] (19) "Engage in a construction trade" means to:
149          (a) engage in, represent oneself to be engaged in, or advertise oneself as being engaged
150     in a construction trade; or
151          (b) use the name "contractor" or "builder" or in any other way lead a reasonable person
152     to believe one is or will act as a contractor.
153          [(19)] (20) (a) "Financial responsibility" means a demonstration of a current and
154     expected future condition of financial solvency evidencing a reasonable expectation to the
155     division and the board that an applicant or licensee can successfully engage in business as a
156     contractor without jeopardy to the public health, safety, and welfare.
157          (b) Financial responsibility may be determined by an evaluation of the total history
158     concerning the licensee or applicant including past, present, and expected condition and record
159     of financial solvency and business conduct.
160          [(20)] (21) "Gas appliance" means any device that uses natural gas to produce light,
161     heat, power, steam, hot water, refrigeration, or air conditioning.
162          [(21)] (22) (a) "General building contractor" means a person licensed under this chapter
163     as a general building contractor qualified by education, training, experience, and knowledge to
164     perform or superintend construction of structures for the support, shelter, and enclosure of
165     persons, animals, chattels, or movable property of any kind or any of the components of that
166     construction except plumbing, electrical work, mechanical work, work related to the operating
167     integrity of an elevator, and manufactured housing installation, for which the general building
168     contractor shall employ the services of a contractor licensed in the particular specialty, except
169     that a general building contractor engaged in the construction of single-family and multifamily

170     residences up to four units may perform the mechanical work and hire a licensed plumber or
171     electrician as an employee.
172          (b) The division may by rule exclude general building contractors from engaging in the
173     performance of other construction specialties in which there is represented a substantial risk to
174     the public health, safety, and welfare, and for which a license is required unless that general
175     building contractor holds a valid license in that specialty classification.
176          (23) (a) "General electrical contractor" means a person licensed under this chapter as a
177     general electrical contractor qualified by education, training, experience, and knowledge to
178     perform the fabrication, construction, and installation of generators, transformers, conduits,
179     raceways, panels, switch gear, electrical wires, fixtures, appliances, or apparatus that uses
180     electrical energy.
181          (b) The scope of work of a general electrical contractor may be further defined by rules
182     made by the commission, with the concurrence of the director, in accordance with Title 63G,
183     Chapter 3, Utah Administrative Rulemaking Act.
184          [(22)] (24) (a) "General engineering contractor" means a person licensed under this
185     chapter as a general engineering contractor qualified by education, training, experience, and
186     knowledge to perform construction of fixed works in any of the following: irrigation, drainage,
187     water, power, water supply, flood control, inland waterways, harbors, railroads, highways,
188     tunnels, airports and runways, sewers and bridges, refineries, pipelines, chemical and industrial
189     plants requiring specialized engineering knowledge and skill, piers, and foundations, or any of
190     the components of those works.
191          (b) A general engineering contractor may not perform construction of structures built
192     primarily for the support, shelter, and enclosure of persons, animals, and chattels.
193          (25) (a) "General plumbing contractor" means a person licensed under this chapter as a
194     general plumbing contractor qualified by education, training, experience, and knowledge to
195     perform the fabrication or installation of material and fixtures to create and maintain sanitary
196     conditions in a building by providing permanent means for a supply of safe and pure water, a
197     means for the timely and complete removal from the premises of all used or contaminated

198     water, fluid and semi-fluid organic wastes and other impurities incidental to life and the
199     occupation of such premises, and a safe and adequate supply of gases for lighting, heating, and
200     industrial purposes.
201          (b) The scope of work of a general plumbing contractor may be further defined by rules
202     made by the commission, with the concurrence of the director, in accordance with Title 63G,
203     Chapter 3, Utah Administrative Rulemaking Act.
204          [(23)] (26) "Immediate supervision" means reasonable direction, oversight, inspection,
205     and evaluation of the work of a person:
206          (a) as the division specifies in rule;
207          (b) by, as applicable, a qualified electrician or plumber;
208          (c) as part of a planned program of training; and
209          (d) to ensure that the end result complies with applicable standards.
210          [(24)] (27) "Individual" means a natural person.
211          [(25)] (28) "Journeyman electrician" means a person licensed under this chapter as a
212     journeyman electrician having the qualifications, training, experience, and knowledge to wire,
213     install, and repair electrical apparatus and equipment for light, heat, power, and other purposes.
214          [(26)] (29) "Journeyman plumber" means a person licensed under this chapter as a
215     journeyman plumber having the qualifications, training, experience, and technical knowledge to
216     engage in the plumbing trade.
217          [(27)] (30) "Master electrician" means a person licensed under this chapter as a master
218     electrician having the qualifications, training, experience, and knowledge to properly plan,
219     layout, and supervise the wiring, installation, and repair of electrical apparatus and equipment
220     for light, heat, power, and other purposes.
221          [(28)] (31) "Master plumber" means a person licensed under this chapter as a master
222     plumber having the qualifications, training, experience, and knowledge to properly plan and
223     layout projects and supervise persons in the plumbing trade.
224          [(29)] (32) "Person" means a natural person, sole proprietorship, joint venture,
225     corporation, limited liability company, association, or organization of any type.

226          [(30)] (33) (a) "Plumbing trade" means the performance of any mechanical work
227     pertaining to the installation, alteration, change, repair, removal, maintenance, or use in
228     buildings, or within three feet beyond the outside walls of buildings, of pipes, fixtures, and
229     fittings for the:
230          (i) delivery of the water supply;
231          (ii) discharge of liquid and water carried waste; [or]
232          (iii) [the] building drainage system within the walls of the building[.]; and
233          (iv) delivery of gases for lighting, heating, and industrial purposes.
234          (b) "Plumbing trade" includes work pertaining to the water supply, distribution pipes,
235     fixtures and fixture traps, soil, waste and vent pipes, [and] the building drain and roof drains,
236     and the safe and adequate supply of gases, together with their devices, appurtenances, and
237     connections where installed within the outside walls of the building.
238          [(31)] (34) (a) "Ratio of apprentices" means, for the purpose of determining compliance
239     with the requirements for planned programs of training and electrician apprentice licensing
240     applications, the shop ratio of apprentice electricians to journeyman or master electricians shall
241     be one journeyman or master electrician to one apprentice on industrial and commercial work,
242     and one journeyman or master electrician to three apprentices on residential work.
243          (b) On-the-job training shall be under circumstances in which the ratio of apprentices to
244     supervisors is in accordance with a ratio of one-to-one on nonresidential work and up to three
245     apprentices to one supervisor on residential projects.
246          [(32)] (35) "Residential and small commercial contractor" means a person licensed
247     under this chapter as a residential and small commercial contractor qualified by education,
248     training, experience, and knowledge to perform or superintend the construction of single-family
249     residences, multifamily residences up to four units, and commercial construction of not more
250     than three stories above ground and not more than 20,000 square feet, or any of the
251     components of that construction except plumbing, electrical work, mechanical work, and
252     manufactured housing installation, for which the residential and small commercial contractor
253     shall employ the services of a contractor licensed in the particular specialty, except that a

254     residential and small commercial contractor engaged in the construction of single-family and
255     multifamily residences up to four units may perform the mechanical work and hire a licensed
256     plumber or electrician as an employee.
257          [(33)] (36) "Residential building," as it relates to the license classification of residential
258     journeyman plumber and residential master plumber, means a single or multiple family dwelling
259     of up to four units.
260          (37) (a) "Residential electrical contractor" means a person licensed under this chapter as
261     a residential electrical contractor qualified by education, training, experience, and knowledge to
262     perform the fabrication, construction, and installation of services, disconnecting means,
263     grounding devices, panels, conductors, load centers, lighting and plug circuits, appliances, and
264     fixtures in a residential unit.
265          (b) The scope of work of a residential electrical contractor may be further defined by
266     rules made by the commission, with the concurrence of the director, in accordance with Title
267     63G, Chapter 3, Utah Administrative Rulemaking Act.
268          [(34)] (38) "Residential journeyman electrician" means a person licensed under this
269     chapter as a residential journeyman electrician having the qualifications, training, experience,
270     and knowledge to wire, install, and repair electrical apparatus and equipment for light, heat,
271     power, and other purposes on buildings using primarily nonmetallic sheath cable.
272          [(35)] (39) "Residential journeyman plumber" means a person licensed under this
273     chapter as a residential journeyman plumber having the qualifications, training, experience, and
274     knowledge to engage in the plumbing trade as limited to the plumbing of residential buildings.
275          [(36)] (40) "Residential master electrician" means a person licensed under this chapter
276     as a residential master electrician having the qualifications, training, experience, and knowledge
277     to properly plan, layout, and supervise the wiring, installation, and repair of electrical apparatus
278     and equipment for light, heat, power, and other purposes on residential projects.
279          [(37)] (41) "Residential master plumber" means a person licensed under this chapter as
280     a residential master plumber having the qualifications, training, experience, and knowledge to
281     properly plan and layout projects and supervise persons in the plumbing trade as limited to the

282     plumbing of residential buildings.
283          (42) (a) "Residential plumbing contractor" means a person licensed under this chapter
284     as a general plumbing contractor qualified by education, training, experience, and knowledge to
285     perform the fabrication or installation of material and fixtures to create and maintain sanitary
286     conditions in residential buildings by providing permanent means for a supply of safe and pure
287     water, a means for the timely and complete removal from the premises of all used or
288     contaminated water, fluid and semi-fluid organic wastes and other impurities incidental to life
289     and the occupation of such premises, and a safe and adequate supply of gases for lighting,
290     heating, and industrial purposes.
291          (b) The scope of work of a residential plumbing contractor may be further defined by
292     rules made by the commission, with the concurrence of the director, in accordance with Title
293     63G, Chapter 3, Utah Administrative Rulemaking Act.
294          [(38)] (43) "Residential project," as it relates to an electrician or electrical contractor,
295     means buildings primarily wired with nonmetallic sheathed cable, in accordance with standard
296     rules and regulations governing this work, including the National Electrical Code, and in which
297     the voltage does not exceed 250 volts line to line and 125 volts to ground.
298          [(39)] (44) "Sensitive alarm system information" means:
299          (a) a pass code or other code used in the operation of an alarm system;
300          (b) information on the location of alarm system components at the premises of a
301     customer of the alarm business providing the alarm system;
302          (c) information that would allow the circumvention, bypass, deactivation, or other
303     compromise of an alarm system of a customer of the alarm business providing the alarm system;
304     and
305          (d) any other similar information that the division by rule determines to be information
306     that an individual employed by an alarm business should use or have access to only if the
307     individual is licensed as provided in this chapter.
308          [(40)] (45) (a) "Specialty contractor" means a person licensed under this chapter under
309     a specialty contractor classification established by rule, who is qualified by education, training,

310     experience, and knowledge to perform those construction trades and crafts requiring specialized
311     skill, the regulation of which are determined by the division to be in the best interest of the
312     public health, safety, and welfare.
313          (b) A specialty contractor may perform work in crafts or trades other than those in
314     which the specialty contractor is licensed if they are incidental to the performance of the
315     specialty contractor's licensed craft or trade.
316          [(41)] (46) "Unincorporated entity" means an entity that is not:
317          (a) an individual;
318          (b) a corporation; or
319          (c) publicly traded.
320          [(42)] (47) "Unlawful conduct" means the same as that term is defined in Sections
321     58-1-501 and 58-55-501.
322          [(43)] (48) "Unprofessional conduct" means the same as that term is defined in Sections
323     58-1-501 and 58-55-502 and as may be further defined by rule.
324          [(44)] (49) "Wages" means amounts due to an employee for labor or services whether
325     the amount is fixed or ascertained on a time, task, piece, commission, or other basis for
326     calculating the amount.
327          Section 2. Section 58-55-301 is amended to read:
328          58-55-301. License required -- License classifications.
329          (1) (a) A person engaged in the construction trades licensed under this chapter, as a
330     contractor regulated under this chapter, as an alarm business or company, or as an alarm
331     company agent, shall become licensed under this chapter before engaging in that trade or
332     contracting activity in this state unless specifically exempted from licensure under Section
333     58-1-307 or 58-55-305.
334          (b) The license issued under this chapter and the business license issued by the local
335     jurisdiction in which the licensee has its principal place of business shall be the only licenses
336     required for the licensee to engage in a trade licensed by this chapter, within the state.
337          (c) Neither the state nor any of its political subdivisions may require of a licensee any

338     additional business licenses, registrations, certifications, contributions, donations, or anything
339     else established for the purpose of qualifying a licensee under this chapter to do business in that
340     local jurisdiction, except for contract prequalification procedures required by state agencies, or
341     the payment of any fee for the license, registration, or certification established as a condition to
342     do business in that local jurisdiction.
343          (2) The division shall issue licenses under this chapter to qualified persons in the
344     following classifications:
345          (a) general engineering contractor;
346          (b) general building contractor;
347          (c) residential and small commercial contractor;
348          (d) elevator contractor;
349          (e) general plumbing contractor;
350          (f) residential plumbing contractor;
351          (g) general electrical contractor;
352          (h) residential electrical contractor;
353          [(e)] (i) specialty contractor;
354          [(f)] (j) master plumber;
355          [(g)] (k) residential master plumber;
356          [(h)] (l) journeyman plumber;
357          [(i)] (m) apprentice plumber;
358          [(j)] (n) residential journeyman plumber;
359          [(k)] (o) master electrician;
360          [(l)] (p) residential master electrician;
361          [(m)] (q) journeyman electrician;
362          [(n)] (r) residential journeyman electrician;
363          [(o)] (s) apprentice electrician;
364          [(p)] (t) construction trades instructor:
365          (i) general engineering classification;

366          (ii) general building classification;
367          (iii) electrical classification;
368          (iv) plumbing classification; and
369          (v) mechanical classification;
370          [(q)] (u) alarm company;
371          [(r)] (v) alarm company agent; and
372          [(s)] (w) elevator mechanic.
373          (3) (a) An applicant may apply for a license in one or more classification or specialty
374     contractor subclassification.
375          (b) A license shall be granted in each classification or subclassification for which the
376     applicant qualifies.
377          (c) A separate application and fee must be submitted for each license classification or
378     subclassification.
379          Section 3. Section 58-55-302 is amended to read:
380          58-55-302. Qualifications for licensure.
381          (1) Each applicant for a license under this chapter shall:
382          (a) submit an application prescribed by the division;
383          (b) pay a fee as determined by the department under Section 63J-1-504;
384          (c) (i) meet the examination requirements established by rule by the commission with
385     the concurrence of the director, except [for the classifications of apprentice plumber and
386     apprentice electrician for whom no examination is required] that no examination, other than an
387     examination as part of a 25-hour course described in Subsection (1)(e)(iii), is required for
388     licensure as an apprentice electrician, apprentice plumber, or specialty contractor; or
389          (ii) if required in Section 58-55-304, the individual qualifier must pass the required
390     examination if the applicant is a business entity;
391          (d) if an apprentice, identify the proposed supervisor of the apprenticeship;
392          (e) if an applicant for a contractor's license:
393          (i) produce satisfactory evidence of financial responsibility, except for a construction

394     trades instructor for whom evidence of financial responsibility is not required;
395          (ii) produce satisfactory evidence of:
396          (A) except as provided in Subsection (2)(a), and except that no employment experience
397     is required for licensure as a specialty contractor, two years full-time paid employment
398     experience in the construction industry, which [experience, unless more specifically described in
399     this section,] employment experience may be related to any contracting classification unless
400     more specifically described in this section; and
401          (B) knowledge of the principles of the conduct of business as a contractor, reasonably
402     necessary for the protection of the public health, safety, and welfare;
403          (iii) except as otherwise provided by rule by the commission with the concurrence of
404     the director, complete a [20-hour] 25-hour course established by rule by the commission with
405     the concurrence of the director, which is taught by an approved prelicensure course provider,
406     and which course may include:
407          (A) construction business practices;
408          (B) bookkeeping fundamentals;
409          (C) mechanics lien fundamentals; [and]
410          (D) other aspects of business and construction principles considered important by the
411     commission with the concurrence of the director; and
412          (E) for no additional fee, an examination at the end of the 25-hour course;
413          (iv) (A) be a licensed master electrician if an applicant for an electrical contractor's
414     license or a licensed master residential electrician if an applicant for a residential electrical
415     contractor's license;
416          (B) be a licensed master plumber if an applicant for a plumbing contractor's license or a
417     licensed master residential plumber if an applicant for a residential plumbing contractor's license;
418     or
419          (C) be a licensed elevator mechanic and produce satisfactory evidence of three years
420     experience as an elevator mechanic if an applicant for an elevator contractor's license; and
421          (v) when the applicant is an unincorporated entity, provide a list of the one or more

422     individuals who hold an ownership interest in the applicant as of the day on which the
423     application is filed that includes for each individual:
424          (A) the individual's name, address, birth date, and social security number; and
425          (B) whether the individual will engage in a construction trade; and
426          (f) if an applicant for a construction trades instructor license, satisfy any additional
427     requirements established by rule.
428          (2) (a) If the applicant for a contractor's license described in Subsection (1) is a building
429     inspector, the applicant may satisfy Subsection (1)(e)(ii)(A) by producing satisfactory evidence
430     of two years full-time paid employment experience as a building inspector, which shall include
431     at least one year full-time experience as a licensed combination inspector.
432          (b) After approval of an applicant for a contractor's license by the applicable board and
433     the division, the applicant shall file the following with the division before the division issues the
434     license:
435          (i) proof of workers' compensation insurance which covers employees of the applicant
436     in accordance with applicable Utah law;
437          (ii) proof of public liability insurance in coverage amounts and form established by rule
438     except for a construction trades instructor for whom public liability insurance is not required;
439     and
440          (iii) proof of registration as required by applicable law with the:
441          (A) Department of Commerce;
442          (B) Division of Corporations and Commercial Code;
443          (C) Unemployment Insurance Division in the Department of Workforce Services, for
444     purposes of Title 35A, Chapter 4, Employment Security Act;
445          (D) State Tax Commission; and
446          (E) Internal Revenue Service.
447          (3) In addition to the general requirements for each applicant in Subsection (1),
448     applicants shall comply with the following requirements to be licensed in the following
449     classifications:

450          (a) (i) A master plumber shall produce satisfactory evidence that the applicant:
451          (A) has been a licensed journeyman plumber for at least two years and had two years of
452     supervisory experience as a licensed journeyman plumber in accordance with division rule;
453          (B) has received at least an associate of applied science degree or similar degree
454     following the completion of a course of study approved by the division and had one year of
455     supervisory experience as a licensed journeyman plumber in accordance with division rule; or
456          (C) meets the qualifications determined by the division in collaboration with the board
457     to be equivalent to Subsection (3)(a)(i)(A) or (B).
458          (ii) An individual holding a valid Utah license as a journeyman plumber, based on at
459     least four years of practical experience as a licensed apprentice under the supervision of a
460     licensed journeyman plumber and four years as a licensed journeyman plumber, in effect
461     immediately prior to May 5, 2008, is on and after May 5, 2008, considered to hold a current
462     master plumber license under this chapter, and satisfies the requirements of this Subsection
463     (3)(a) for the purpose of renewal or reinstatement of that license under Section 58-55-303.
464          (iii) An individual holding a valid plumbing contractor's license or residential plumbing
465     contractor's license, in effect immediately prior to May 5, 2008, is on or after May 5, 2008:
466          (A) considered to hold a current master plumber license under this chapter if licensed as
467     a plumbing contractor and a journeyman plumber, and satisfies the requirements of this
468     Subsection (3)(a) for purposes of renewal or reinstatement of that license under Section
469     58-55-303; and
470          (B) considered to hold a current residential master plumber license under this chapter if
471     licensed as a residential plumbing contractor and a residential journeyman plumber, and satisfies
472     the requirements of this Subsection (3)(a) for purposes of renewal or reinstatement of that
473     license under Section 58-55-303.
474          (b) A master residential plumber applicant shall produce satisfactory evidence that the
475     applicant:
476          (i) has been a licensed residential journeyman plumber for at least two years and had
477     two years of supervisory experience as a licensed residential journeyman plumber in accordance

478     with division rule; or
479          (ii) meets the qualifications determined by the division in collaboration with the board to
480     be equivalent to Subsection (3)(b)(i).
481          (c) A journeyman plumber applicant shall produce satisfactory evidence of:
482          (i) successful completion of the equivalent of at least four years of full-time training and
483     instruction as a licensed apprentice plumber under supervision of a licensed master plumber or
484     journeyman plumber and in accordance with a planned program of training approved by the
485     division;
486          (ii) at least eight years of full-time experience approved by the division in collaboration
487     with the Plumbers Licensing Board; or
488          (iii) satisfactory evidence of meeting the qualifications determined by the board to be
489     equivalent to Subsection (3)(c)(i) or (c)(ii).
490          (d) A residential journeyman plumber shall produce satisfactory evidence of:
491          (i) completion of the equivalent of at least three years of full-time training and
492     instruction as a licensed apprentice plumber under the supervision of a licensed residential
493     master plumber, licensed residential journeyman plumber, or licensed journeyman plumber in
494     accordance with a planned program of training approved by the division;
495          (ii) completion of at least six years of full-time experience in a maintenance or repair
496     trade involving substantial plumbing work; or
497          (iii) meeting the qualifications determined by the board to be equivalent to Subsection
498     (3)(d)(i) or (d)(ii).
499          (e) The conduct of licensed apprentice plumbers and their licensed supervisors shall be
500     in accordance with the following:
501          (i) while engaging in the trade of plumbing, a licensed apprentice plumber shall be under
502     the immediate supervision of a licensed master plumber, licensed residential master plumber,
503     licensed journeyman plumber, or a licensed residential journeyman plumber; and
504          (ii) a licensed apprentice plumber in the fourth through tenth year of training may work
505     without supervision for a period not to exceed eight hours in any 24-hour period, but if the

506     apprentice does not become a licensed journeyman plumber or licensed residential journeyman
507     plumber by the end of the tenth year of apprenticeship, this nonsupervision provision no longer
508     applies.
509          (f) A master electrician applicant shall produce satisfactory evidence that the applicant:
510          (i) is a graduate electrical engineer of an accredited college or university approved by
511     the division and has one year of practical electrical experience as a licensed apprentice
512     electrician;
513          (ii) is a graduate of an electrical trade school, having received an associate of applied
514     sciences degree following successful completion of a course of study approved by the division,
515     and has two years of practical experience as a licensed journeyman electrician;
516          (iii) has four years of practical experience as a journeyman electrician; or
517          (iv) meets the qualifications determined by the board to be equivalent to Subsection
518     (3)(f)(i), (ii), or (iii).
519          (g) A master residential electrician applicant shall produce satisfactory evidence that the
520     applicant:
521          (i) has at least two years of practical experience as a residential journeyman electrician;
522     or
523          (ii) meets the qualifications determined by the board to be equivalent to this practical
524     experience.
525          (h) A journeyman electrician applicant shall produce satisfactory evidence that the
526     applicant:
527          (i) has successfully completed at least four years of full-time training and instruction as
528     a licensed apprentice electrician under the supervision of a master electrician or journeyman
529     electrician and in accordance with a planned training program approved by the division;
530          (ii) has at least eight years of full-time experience approved by the division in
531     collaboration with the Electricians Licensing Board; or
532          (iii) meets the qualifications determined by the board to be equivalent to Subsection
533     (3)(h)(i) or (ii).

534          (i) A residential journeyman electrician applicant shall produce satisfactory evidence
535     that the applicant:
536          (i) has successfully completed two years of training in an electrical training program
537     approved by the division;
538          (ii) has four years of practical experience in wiring, installing, and repairing electrical
539     apparatus and equipment for light, heat, and power under the supervision of a licensed master,
540     journeyman, residential master, or residential journeyman electrician; or
541          (iii) meets the qualifications determined by the division and applicable board to be
542     equivalent to Subsection (3)(i)(i) or (ii).
543          (j) The conduct of licensed apprentice electricians and their licensed supervisors shall be
544     in accordance with the following:
545          (i) A licensed apprentice electrician shall be under the immediate supervision of a
546     licensed master, journeyman, residential master, or residential journeyman electrician. An
547     apprentice in the fourth year of training may work without supervision for a period not to
548     exceed eight hours in any 24-hour period.
549          (ii) A licensed master, journeyman, residential master, or residential journeyman
550     electrician may have under immediate supervision on a residential project up to three licensed
551     apprentice electricians.
552          (iii) A licensed master or journeyman electrician may have under immediate supervision
553     on nonresidential projects only one licensed apprentice electrician.
554          (k) An alarm company applicant shall:
555          (i) have a qualifying agent who is an officer, director, partner, proprietor, or manager of
556     the applicant who:
557          (A) demonstrates 6,000 hours of experience in the alarm company business;
558          (B) demonstrates 2,000 hours of experience as a manager or administrator in the alarm
559     company business or in a construction business; and
560          (C) passes an examination component established by rule by the commission with the
561     concurrence of the director;

562          (ii) if a corporation, provide:
563          (A) the names, addresses, dates of birth, social security numbers, and fingerprint cards
564     of all corporate officers, directors, and those responsible management personnel employed
565     within the state or having direct responsibility for managing operations of the applicant within
566     the state; and
567          (B) the names, addresses, dates of birth, social security numbers, and fingerprint cards
568     of all shareholders owning 5% or more of the outstanding shares of the corporation, except this
569     shall not be required if the stock is publicly listed and traded;
570          (iii) if a limited liability company, provide:
571          (A) the names, addresses, dates of birth, social security numbers, and fingerprint cards
572     of all company officers, and those responsible management personnel employed within the state
573     or having direct responsibility for managing operations of the applicant within the state; and
574          (B) the names, addresses, dates of birth, social security numbers, and fingerprint cards
575     of all individuals owning 5% or more of the equity of the company;
576          (iv) if a partnership, provide the names, addresses, dates of birth, social security
577     numbers, and fingerprint cards of all general partners, and those responsible management
578     personnel employed within the state or having direct responsibility for managing operations of
579     the applicant within the state;
580          (v) if a proprietorship, provide the names, addresses, dates of birth, social security
581     numbers, and fingerprint cards of the proprietor, and those responsible management personnel
582     employed within the state or having direct responsibility for managing operations of the
583     applicant within the state;
584          (vi) if a trust, provide the names, addresses, dates of birth, social security numbers, and
585     fingerprint cards of the trustee, and those responsible management personnel employed within
586     the state or having direct responsibility for managing operations of the applicant within the
587     state;
588          (vii) be of good moral character in that officers, directors, shareholders described in
589     Subsection (3)(k)(ii)(B), partners, proprietors, trustees, and responsible management personnel

590     have not been convicted of a felony, a misdemeanor involving moral turpitude, or any other
591     crime that when considered with the duties and responsibilities of an alarm company is
592     considered by the board to indicate that the best interests of the public are served by granting
593     the applicant a license;
594          (viii) document that none of the applicant's officers, directors, shareholders described in
595     Subsection (3)(k)(ii)(B), partners, proprietors, trustees, and responsible management personnel
596     have been declared by any court of competent jurisdiction incompetent by reason of mental
597     defect or disease and not been restored;
598          (ix) document that none of the applicant's officers, directors, shareholders described in
599     Subsection (3)(k)(ii)(B), partners, proprietors, and responsible management personnel are
600     currently suffering from habitual drunkenness or from drug addiction or dependence;
601          (x) file and maintain with the division evidence of:
602          (A) comprehensive general liability insurance in form and in amounts to be established
603     by rule by the commission with the concurrence of the director;
604          (B) workers' compensation insurance that covers employees of the applicant in
605     accordance with applicable Utah law; and
606          (C) registration as is required by applicable law with the:
607          (I) Division of Corporations and Commercial Code;
608          (II) Unemployment Insurance Division in the Department of Workforce Services, for
609     purposes of Title 35A, Chapter 4, Employment Security Act;
610          (III) State Tax Commission; and
611          (IV) Internal Revenue Service; and
612          (xi) meet with the division and board.
613          (l) Each applicant for licensure as an alarm company agent shall:
614          (i) submit an application in a form prescribed by the division accompanied by fingerprint
615     cards;
616          (ii) pay a fee determined by the department under Section 63J-1-504;
617          (iii) be of good moral character in that the applicant has not been convicted of a felony,

618     a misdemeanor involving moral turpitude, or any other crime that when considered with the
619     duties and responsibilities of an alarm company agent is considered by the board to indicate that
620     the best interests of the public are served by granting the applicant a license;
621          (iv) not have been declared by any court of competent jurisdiction incompetent by
622     reason of mental defect or disease and not been restored;
623          (v) not be currently suffering from habitual drunkenness or from drug addiction or
624     dependence; and
625          (vi) meet with the division and board if requested by the division or the board.
626          (m) (i) Each applicant for licensure as an elevator mechanic shall:
627          (A) provide documentation of experience and education credits of not less than three
628     years work experience in the elevator industry, in construction, maintenance, or service and
629     repair; and
630          (B) satisfactorily complete a written examination administered by the division
631     established by rule under Section 58-1-203; or
632          (C) provide certificates of completion of an apprenticeship program for elevator
633     mechanics, having standards substantially equal to those of this chapter and registered with the
634     United States Department of Labor Bureau Apprenticeship and Training or a state
635     apprenticeship council.
636          (ii) (A) If an elevator contractor licensed under this chapter cannot find a licensed
637     elevator mechanic to perform the work of erecting, constructing, installing, altering, servicing,
638     repairing, or maintaining an elevator, the contractor may:
639          (I) notify the division of the unavailability of licensed personnel; and
640          (II) request the division issue a temporary elevator mechanic license to an individual
641     certified by the contractor as having an acceptable combination of documented experience and
642     education to perform the work described in this Subsection (3)(m)(ii)(A).
643          (B) (I) The division may issue a temporary elevator mechanic license to an individual
644     certified under Subsection (3)(m)(ii)(A)(II) upon application by the individual, accompanied by
645     the appropriate fee as determined by the department under Section 63J-1-504.

646          (II) The division shall specify the time period for which the license is valid and may
647     renew the license for an additional time period upon its determination that a shortage of licensed
648     elevator mechanics continues to exist.
649          (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
650     division may make rules establishing when Federal Bureau of Investigation records shall be
651     checked for applicants as an alarm company or alarm company agent.
652          (5) To determine if an applicant meets the qualifications of Subsections (3)(k)(vii) and
653     (3)(l)(iii), the division shall provide an appropriate number of copies of fingerprint cards to the
654     Department of Public Safety with the division's request to:
655          (a) conduct a search of records of the Department of Public Safety for criminal history
656     information relating to each applicant for licensure as an alarm company or alarm company
657     agent and each applicant's officers, directors, shareholders described in Subsection (3)(k)(ii)(B),
658     partners, proprietors, and responsible management personnel; and
659          (b) forward to the Federal Bureau of Investigation a fingerprint card of each applicant
660     requiring a check of records of the Federal Bureau of Investigation for criminal history
661     information under this section.
662          (6) The Department of Public Safety shall send to the division:
663          (a) a written record of criminal history, or certification of no criminal history record, as
664     contained in the records of the Department of Public Safety in a timely manner after receipt of a
665     fingerprint card from the division and a request for review of Department of Public Safety
666     records; and
667          (b) the results of the Federal Bureau of Investigation review concerning an applicant in
668     a timely manner after receipt of information from the Federal Bureau of Investigation.
669          (7) (a) The division shall charge each applicant for licensure as an alarm company or
670     alarm company agent a fee, in accordance with Section 63J-1-504, equal to the cost of
671     performing the records reviews under this section.
672          (b) The division shall pay the Department of Public Safety the costs of all records
673     reviews, and the Department of Public Safety shall pay the Federal Bureau of Investigation the

674     costs of records reviews under this section.
675          (8) Information obtained by the division from the reviews of criminal history records of
676     the Department of Public Safety and the Federal Bureau of Investigation shall be used or
677     disseminated by the division only for the purpose of determining if an applicant for licensure as
678     an alarm company or alarm company agent is qualified for licensure.
679          (9) (a) An application for licensure under this chapter shall be denied if:
680          (i) the applicant has had a previous license, which was issued under this chapter,
681     suspended or revoked within two years before the date of the applicant's application;
682          (ii) (A) the applicant is a partnership, corporation, or limited liability company; and
683          (B) any corporate officer, director, shareholder holding 25% or more of the stock in the
684     applicant, partner, member, agent acting as a qualifier, or any person occupying a similar status,
685     performing similar functions, or directly or indirectly controlling the applicant has served in any
686     similar capacity with any person or entity which has had a previous license, which was issued
687     under this chapter, suspended or revoked within two years before the date of the applicant's
688     application;
689          (iii) (A) the applicant is an individual or sole proprietorship; and
690          (B) any owner or agent acting as a qualifier has served in any capacity listed in
691     Subsection (9)(a)(ii)(B) in any entity which has had a previous license, which was issued under
692     this chapter, suspended or revoked within two years before the date of the applicant's
693     application; or
694          (iv) (A) the applicant includes an individual who was an owner, director, or officer of
695     an unincorporated entity at the time the entity's license under this chapter was revoked; and
696          (B) the application for licensure is filed within 60 months after the revocation of the
697     unincorporated entity's license.
698          (b) An application for licensure under this chapter shall be reviewed by the appropriate
699     licensing board prior to approval if:
700          (i) the applicant has had a previous license, which was issued under this chapter,
701     suspended or revoked more than two years before the date of the applicant's application;

702          (ii) (A) the applicant is a partnership, corporation, or limited liability company; and
703          (B) any corporate officer, director, shareholder holding 25% or more of the stock in the
704     applicant, partner, member, agent acting as a qualifier, or any person occupying a similar status,
705     performing similar functions, or directly or indirectly controlling the applicant has served in any
706     similar capacity with any person or entity which has had a previous license, which was issued
707     under this chapter, suspended or revoked more than two years before the date of the applicant's
708     application; or
709          (iii) (A) the applicant is an individual or sole proprietorship; and
710          (B) any owner or agent acting as a qualifier has served in any capacity listed in
711     Subsection (9)(b)(ii)(B) in any entity which has had a previous license, which was issued under
712     this chapter, suspended or revoked more than two years before the date of the applicant's
713     application.
714          (10) (a) (i) A licensee that is an unincorporated entity shall file an ownership status
715     report with the division every 30 days after the day on which the license is issued if the licensee
716     has more than five owners who are individuals who:
717          (A) own an interest in the contractor that is an unincorporated entity;
718          (B) own, directly or indirectly, less than an 8% interest, as defined by rule made by the
719     division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in the
720     unincorporated entity; and
721          (C) engage, or will engage, in a construction trade in the state as owners of the
722     contractor described in Subsection (10)(a)(i)(A).
723          (ii) If the licensee has five or fewer owners described in Subsection (10)(a)(i), the
724     licensee shall provide the ownership status report with an application for renewal of licensure.
725          (b) An ownership status report required under this Subsection (10) shall:
726          (i) specify each addition or deletion of an owner:
727          (A) for the first ownership status report, after the day on which the unincorporated
728     entity is licensed under this chapter; and
729          (B) for a subsequent ownership status report, after the day on which the previous

730     ownership status report is filed;
731          (ii) be in a format prescribed by the division that includes for each owner, regardless of
732     the owner's percentage ownership in the unincorporated entity, the information described in
733     Subsection(1)(e)(v);
734          (iii) list the name of:
735          (A) each officer or manager of the unincorporated entity; and
736          (B) each other individual involved in the operation, supervision, or management of the
737     unincorporated entity; and
738          (iv) be accompanied by a fee set by the division in accordance with Section 63J-1-504 if
739     the ownership status report indicates there is a change described in Subsection (10)(b)(i).
740          (c) The division may, at any time, audit an ownership status report under this
741     Subsection (10):
742          (i) to determine if financial responsibility has been demonstrated or maintained as
743     required under Section 58-55-306; and
744          (ii) to determine compliance with Subsection 58-55-501(24), (25), or (27) or
745     Subsection 58-55-502(8) or (9).
746          (11) (a) An unincorporated entity that provides labor to an entity licensed under this
747     chapter by providing an individual who owns an interest in the unincorporated entity to engage
748     in a construction trade in Utah shall file with the division:
749          (i) before the individual who owns an interest in the unincorporated entity engages in a
750     construction trade in Utah, a current list of the one or more individuals who hold an ownership
751     interest in the unincorporated entity that includes for each individual:
752          (A) the individual's name, address, birth date, and social security number; and
753          (B) whether the individual will engage in a construction trade; and
754          (ii) every 30 days after the day on which the unincorporated entity provides the list
755     described in Subsection (11)(a)(i), an ownership status report containing the information that
756     would be required under Subsection (10) if the unincorporated entity were a licensed
757     contractor.

758          (b) When filing an ownership list described in Subsection (11)(a)(i) or an ownership
759     status report described in Subsection (11)(a)(ii), an unincorporated entity shall pay a fee set by
760     the division in accordance with Section 63J-1-504.
761          (12) This chapter may not be interpreted to create or support an express or implied
762     independent contractor relationship between an unincorporated entity described in Subsection
763     (10) or (11) and the owners of the unincorporated entity for any purpose, including income tax
764     withholding.
765          (13) A social security number provided under Subsection (1)(e)(v) is a private record
766     under Subsection 63G-2-302(1)(i).
767          Section 4. Section 58-55-302.5 is amended to read:
768          58-55-302.5. Continuing education requirements for contractor licensees --
769     Continuing education courses.
770          (1) Each contractor licensee under a license issued under this chapter shall complete six
771     hours of approved continuing education during each two-year renewal cycle established by rule
772     under Subsection 58-55-303(1).
773          (2) (a) The commission shall, with the concurrence of the division, establish by rule a
774     program of approved continuing education for contractor licensees.
775          (b) Except as provided in Subsection (2)(e), beginning on or after June 1, 2015, only
776     courses offered by any of the following may be included in the program of approved continuing
777     education for contractor licensees:
778          (i) the Associated General Contractors of Utah;
779          (ii) Associated Builders and Contractors, Utah Chapter;
780          (iii) the Home Builders Association of Utah;
781          (iv) the National Electrical Contractors Association Intermountain Chapter;
782          (v) the Utah Plumbing & Heating Contractors Association;
783          (vi) the Independent Electrical Contractors of Utah;
784          (vii) the Rocky Mountain Gas Association;
785          (viii) the Utah Mechanical Contractors Association;

786          (ix) the Sheet Metal Contractors Association;
787          (x) the Intermountain Electrical Association;
788          (xi) the Builders Bid Service of Utah; or
789          (xii) Utah Roofing Contractors Association.
790          (c) An approved continuing education program for a contractor licensee may include a
791     course approved by an entity described in Subsections (2)(b)(i) through (2)(b)(iii).
792          (d) (i) Except as provided in Subsections (2)(d)(ii) and (iii), an entity listed in
793     Subsections (2)(b)(iv) through (2)(b)(xii) may only offer and market continuing education
794     courses to a licensee who is a member of the entity.
795          (ii) An entity described in Subsection (2)(b)(iv), (vi), or (x) may offer and market a
796     continuing education course that the entity offers to satisfy the continuing education
797     requirement described in Subsection 58-55-302.7(2)(a) to a contractor in the electrical trade.
798          (iii) An entity described in Subsection (2)(b)(v) or (viii) may offer and market a
799     continuing education course that the entity offers to satisfy the continuing education
800     requirement described in Subsection 58-55-302.7(2)(b) to a contractor in the plumbing trade.
801          (e) On or after June 1, 2015, an approved continuing education program for a
802     contractor licensee may include a course offered and taught by:
803          (i) a state executive branch agency;
804          (ii) the Workers' Compensation Fund created in Section 31A-33-102; or
805          (iii) a nationally or regionally accredited college or university that has a physical campus
806     in the state.
807          (f) On or after June 1, 2017, for a contractor licensee that is licensed in the specialty
808     contractor classification of HVAC contractor, at least three of the six hours described in
809     Subsection (1) shall include continuing education directly related to the installation, repair, or
810     replacement of a heating, ventilation, or air conditioning system.
811          (3) The division may contract with a person to establish and maintain a continuing
812     education registry to include:
813          (a) a list of courses that the division has approved for inclusion in the program of

814     approved continuing education; and
815          (b) a list of courses that:
816          (i) a contractor licensee has completed under the program of approved continuing
817     education; and
818          (ii) the licensee may access to monitor the licensee's compliance with the continuing
819     education requirement established under Subsection (1).
820          (4) The division may charge a fee, as established by the division under Section
821     63J-1-504, to administer the requirements of this section.