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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
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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,
35 except 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
57 premises; 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
60 apprentice electrician who is learning the electrical trade under the immediate supervision of a
61 master electrician, residential master electrician, a journeyman electrician, or a residential
62 journeyman 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
66 plumber.
67 (6) "Approved continuing education" means instruction provided through courses
68 under a program established under Subsection 58-55-302.5(2).
69 (7) (a) "Approved prelicensure course provider" means a provider that is approved by
70 the commission with the concurrence of the director, and that meets the requirements
71 established by rule by the commission with the concurrence of the director, to teach the
72 25-hour course described in Subsection 58-55-302(1)(e)(iii).
73 (b) "Approved prelicensure course provider" may only include a provider that, in
74 addition to any other locations, offers the 25-hour course described in Subsection
75 58-55-302(1)(e)(iii) at least six times each year in one or more counties other than Salt Lake
76 County, Utah County, Davis County, or Weber County.
77 [
78 Licensing Board, or Plumbers Licensing Board created in Section 58-55-201.
79 [
80 (a) piping and components with a means for conveying, either continuously or
81 intermittently, natural gas from the outlet of the natural gas provider's meter to the burner of the
82 appliance;
83 (b) the electric control and combustion air supply and venting systems, including air
84 ducts; and
85 (c) components intended to achieve control of quantity, flow, and pressure.
86 [
87 Section 58-55-103.
88 [
89 (a) (i) construction, alteration, remodeling, repairing, wrecking or demolition, addition
90 to, or improvement of any building, highway, road, railroad, dam, bridge, structure, excavation
91 or other project, development, or improvement to other than personal property; and
92 (ii) constructing, remodeling, or repairing a manufactured home or mobile home as
93 defined in Section 15A-1-302; or
94 (b) installation or repair of a residential or commercial natural gas appliance or
95 combustion system.
96 [
97 to teach one or more construction trades in both a classroom and project environment, where a
98 project is intended for sale to or use by the public and is completed under the direction of the
99 instructor, who has no economic interest in the project.
100 [
101 as an employee undertakes any work in the construction, plumbing, or electrical trade for
102 which licensure is required under this chapter and includes:
103 (i) a person who builds any structure on the person's own property for the purpose of
104 sale or who builds any structure intended for public use on the person's own property;
105 (ii) any person who represents that the person is a contractor, or will perform a service
106 described in this Subsection [
107 other means;
108 (iii) any person engaged as a maintenance person, other than an employee, who
109 regularly engages in activities set forth under the definition of "construction trade";
110 (iv) any person engaged in, or offering to engage in, any construction trade for which
111 licensure is required under this chapter; or
112 (v) a construction manager, construction consultant, construction assistant, or any other
113 person who, for a fee:
114 (A) performs or offers to perform construction consulting;
115 (B) performs or offers to perform management of construction subcontractors;
116 (C) provides or offers to provide a list of subcontractors or suppliers; or
117 (D) provides or offers to provide management or counseling services on a construction
118 project.
119 (b) "Contractor" does not include:
120 (i) an alarm company or alarm company agent; or
121 (ii) a material supplier who provides consulting to customers regarding the design and
122 installation of the material supplier's products.
123 [
124 in the installation, construction, alteration, change, repair, removal, or maintenance of facilities,
125 buildings, or appendages or appurtenances.
126 (b) "Electrical trade" does not include:
127 (i) transporting or handling electrical materials;
128 (ii) preparing clearance for raceways for wiring; or
129 (iii) work commonly done by unskilled labor on any installations under the exclusive
130 control of electrical utilities.
131 (c) For purposes of Subsection [
132 (i) no more than one unlicensed person may be so employed unless more than five
133 licensed electricians are employed by the shop; and
134 (ii) a shop may not employ unlicensed persons in excess of the five-to-one ratio
135 permitted by this Subsection [
136 [
137 except that for purposes of this chapter it does not mean a stair chair, a vertical platform lift, or
138 an incline platform lift.
139 [
140 under this chapter that is engaged in the business of erecting, constructing, installing, altering,
141 servicing, repairing, or maintaining an elevator.
142 [
143 as an elevator mechanic and who is engaged in erecting, constructing, installing, altering,
144 servicing, repairing, or maintaining an elevator under the immediate supervision of an elevator
145 contractor.
146 [
147 consideration to the definition adopted by the Internal Revenue Service and the Department of
148 Workforce Services.
149 [
150 (a) engage in, represent oneself to be engaged in, or advertise oneself as being engaged
151 in a construction trade; or
152 (b) use the name "contractor" or "builder" or in any other way lead a reasonable person
153 to believe one is or will act as a contractor.
154 [
155 expected future condition of financial solvency evidencing a reasonable expectation to the
156 division and the board that an applicant or licensee can successfully engage in business as a
157 contractor without jeopardy to the public health, safety, and welfare.
158 (b) Financial responsibility may be determined by an evaluation of the total history
159 concerning the licensee or applicant including past, present, and expected condition and record
160 of financial solvency and business conduct.
161 [
162 heat, power, steam, hot water, refrigeration, or air conditioning.
163 [
164 chapter as a general building contractor qualified by education, training, experience, and
165 knowledge to perform or superintend construction of structures for the support, shelter, and
166 enclosure of persons, animals, chattels, or movable property of any kind or any of the
167 components of that construction except plumbing, electrical work, mechanical work, work
168 related to the operating integrity of an elevator, and manufactured housing installation, for
169 which the general building contractor shall employ the services of a contractor licensed in the
170 particular specialty, except that a general building contractor engaged in the construction of
171 single-family and multifamily residences up to four units may perform the mechanical work
172 and hire a licensed plumber or electrician as an employee.
173 (b) The division may by rule exclude general building contractors from engaging in the
174 performance of other construction specialties in which there is represented a substantial risk to
175 the public health, safety, and welfare, and for which a license is required unless that general
176 building contractor holds a valid license in that specialty classification.
177 (23) (a) "General electrical contractor" means a person licensed under this chapter as a
178 general electrical contractor qualified by education, training, experience, and knowledge to
179 perform the fabrication, construction, and installation of generators, transformers, conduits,
180 raceways, panels, switch gear, electrical wires, fixtures, appliances, or apparatus that uses
181 electrical energy.
182 (b) The scope of work of a general electrical contractor may be further defined by rules
183 made by the commission, with the concurrence of the director, in accordance with Title 63G,
184 Chapter 3, Utah Administrative Rulemaking Act.
185 [
186 chapter as a general engineering contractor qualified by education, training, experience, and
187 knowledge to perform construction of fixed works in any of the following: irrigation, drainage,
188 water, power, water supply, flood control, inland waterways, harbors, railroads, highways,
189 tunnels, airports and runways, sewers and bridges, refineries, pipelines, chemical and industrial
190 plants requiring specialized engineering knowledge and skill, piers, and foundations, or any of
191 the components of those works.
192 (b) A general engineering contractor may not perform construction of structures built
193 primarily for the support, shelter, and enclosure of persons, animals, and chattels.
194 (25) (a) "General plumbing contractor" means a person licensed under this chapter as a
195 general plumbing contractor qualified by education, training, experience, and knowledge to
196 perform the fabrication or installation of material and fixtures to create and maintain sanitary
197 conditions in a building by providing permanent means for a supply of safe and pure water, a
198 means for the timely and complete removal from the premises of all used or contaminated
199 water, fluid and semi-fluid organic wastes and other impurities incidental to life and the
200 occupation of such premises, and a safe and adequate supply of gases for lighting, heating, and
201 industrial purposes.
202 (b) The scope of work of a general plumbing contractor may be further defined by rules
203 made by the commission, with the concurrence of the director, in accordance with Title 63G,
204 Chapter 3, Utah Administrative Rulemaking Act.
205 [
206 and evaluation of the work of a person:
207 (a) as the division specifies in rule;
208 (b) by, as applicable, a qualified electrician or plumber;
209 (c) as part of a planned program of training; and
210 (d) to ensure that the end result complies with applicable standards.
211 [
212 [
213 journeyman electrician having the qualifications, training, experience, and knowledge to wire,
214 install, and repair electrical apparatus and equipment for light, heat, power, and other purposes.
215 [
216 journeyman plumber having the qualifications, training, experience, and technical knowledge
217 to engage in the plumbing trade.
218 [
219 electrician having the qualifications, training, experience, and knowledge to properly plan,
220 layout, and supervise the wiring, installation, and repair of electrical apparatus and equipment
221 for light, heat, power, and other purposes.
222 [
223 plumber having the qualifications, training, experience, and knowledge to properly plan and
224 layout projects and supervise persons in the plumbing trade.
225 [
226 corporation, limited liability company, association, or organization of any type.
227 [
228 pertaining to the installation, alteration, change, repair, removal, maintenance, or use in
229 buildings, or within three feet beyond the outside walls of buildings, of pipes, fixtures, and
230 fittings for the:
231 (i) delivery of the water supply;
232 (ii) discharge of liquid and water carried waste; [
233 (iii) [
234 (iv) delivery of gases for lighting, heating, and industrial purposes.
235 (b) "Plumbing trade" includes work pertaining to the water supply, distribution pipes,
236 fixtures and fixture traps, soil, waste and vent pipes, [
237 and the safe and adequate supply of gases, together with their devices, appurtenances, and
238 connections where installed within the outside walls of the building.
239 [
240 compliance with the requirements for planned programs of training and electrician apprentice
241 licensing applications, the shop ratio of apprentice electricians to journeyman or master
242 electricians shall be one journeyman or master electrician to one apprentice on industrial and
243 commercial work, and one journeyman or master electrician to three apprentices on residential
244 work.
245 (b) On-the-job training shall be under circumstances in which the ratio of apprentices
246 to supervisors is in accordance with a ratio of one-to-one on nonresidential work and up to
247 three apprentices to one supervisor on residential projects.
248 [
249 under this chapter as a residential and small commercial contractor qualified by education,
250 training, experience, and knowledge to perform or superintend the construction of
251 single-family residences, multifamily residences up to four units, and commercial construction
252 of not more than three stories above ground and not more than 20,000 square feet, or any of the
253 components of that construction except plumbing, electrical work, mechanical work, and
254 manufactured housing installation, for which the residential and small commercial contractor
255 shall employ the services of a contractor licensed in the particular specialty, except that a
256 residential and small commercial contractor engaged in the construction of single-family and
257 multifamily residences up to four units may perform the mechanical work and hire a licensed
258 plumber or electrician as an employee.
259 [
260 journeyman plumber and residential master plumber, means a single or multiple family
261 dwelling of up to four units.
262 (37) (a) "Residential electrical contractor" means a person licensed under this chapter
263 as a residential electrical contractor qualified by education, training, experience, and
264 knowledge to perform the fabrication, construction, and installation of services, disconnecting
265 means, grounding devices, panels, conductors, load centers, lighting and plug circuits,
266 appliances, and fixtures in a residential unit.
267 (b) The scope of work of a residential electrical contractor may be further defined by
268 rules made by the commission, with the concurrence of the director, in accordance with Title
269 63G, Chapter 3, Utah Administrative Rulemaking Act.
270 [
271 chapter as a residential journeyman electrician having the qualifications, training, experience,
272 and knowledge to wire, install, and repair electrical apparatus and equipment for light, heat,
273 power, and other purposes on buildings using primarily nonmetallic sheath cable.
274 [
275 chapter as a residential journeyman plumber having the qualifications, training, experience, and
276 knowledge to engage in the plumbing trade as limited to the plumbing of residential buildings.
277 [
278 as a residential master electrician having the qualifications, training, experience, and
279 knowledge to properly plan, layout, and supervise the wiring, installation, and repair of
280 electrical apparatus and equipment for light, heat, power, and other purposes on residential
281 projects.
282 [
283 a residential master plumber having the qualifications, training, experience, and knowledge to
284 properly plan and layout projects and supervise persons in the plumbing trade as limited to the
285 plumbing of residential buildings.
286 (42) (a) "Residential plumbing contractor" means a person licensed under this chapter
287 as a general plumbing contractor qualified by education, training, experience, and knowledge to
288 perform the fabrication or installation of material and fixtures to create and maintain sanitary
289 conditions in residential buildings by providing permanent means for a supply of safe and pure
290 water, a means for the timely and complete removal from the premises of all used or
291 contaminated water, fluid and semi-fluid organic wastes and other impurities incidental to life
292 and the occupation of such premises, and a safe and adequate supply of gases for lighting,
293 heating, and industrial purposes.
294 (b) The scope of work of a residential plumbing contractor may be further defined by
295 rules made by the commission, with the concurrence of the director, in accordance with Title
296 63G, Chapter 3, Utah Administrative Rulemaking Act.
297 [
298 means buildings primarily wired with nonmetallic sheathed cable, in accordance with standard
299 rules and regulations governing this work, including the National Electrical Code, and in which
300 the voltage does not exceed 250 volts line to line and 125 volts to ground.
301 [
302 (a) a pass code or other code used in the operation of an alarm system;
303 (b) information on the location of alarm system components at the premises of a
304 customer of the alarm business providing the alarm system;
305 (c) information that would allow the circumvention, bypass, deactivation, or other
306 compromise of an alarm system of a customer of the alarm business providing the alarm
307 system; and
308 (d) any other similar information that the division by rule determines to be information
309 that an individual employed by an alarm business should use or have access to only if the
310 individual is licensed as provided in this chapter.
311 [
312 a specialty contractor classification established by rule, who is qualified by education, training,
313 experience, and knowledge to perform those construction trades and crafts requiring
314 specialized skill, the regulation of which are determined by the division to be in the best
315 interest of the public health, safety, and welfare.
316 (b) A specialty contractor may perform work in crafts or trades other than those in
317 which the specialty contractor is licensed if they are incidental to the performance of the
318 specialty contractor's licensed craft or trade.
319 [
320 (a) an individual;
321 (b) a corporation; or
322 (c) publicly traded.
323 [
324 58-1-501 and 58-55-501.
325 [
326 Sections 58-1-501 and 58-55-502 and as may be further defined by rule.
327 [
328 the amount is fixed or ascertained on a time, task, piece, commission, or other basis for
329 calculating the amount.
330 Section 2. Section 58-55-301 is amended to read:
331 58-55-301. License required -- License classifications.
332 (1) (a) A person engaged in the construction trades licensed under this chapter, as a
333 contractor regulated under this chapter, as an alarm business or company, or as an alarm
334 company agent, shall become licensed under this chapter before engaging in that trade or
335 contracting activity in this state unless specifically exempted from licensure under Section
336 58-1-307 or 58-55-305.
337 (b) The license issued under this chapter and the business license issued by the local
338 jurisdiction in which the licensee has its principal place of business shall be the only licenses
339 required for the licensee to engage in a trade licensed by this chapter, within the state.
340 (c) Neither the state nor any of its political subdivisions may require of a licensee any
341 additional business licenses, registrations, certifications, contributions, donations, or anything
342 else established for the purpose of qualifying a licensee under this chapter to do business in that
343 local jurisdiction, except for contract prequalification procedures required by state agencies, or
344 the payment of any fee for the license, registration, or certification established as a condition to
345 do business in that local jurisdiction.
346 (2) The division shall issue licenses under this chapter to qualified persons in the
347 following classifications:
348 (a) general engineering contractor;
349 (b) general building contractor;
350 (c) residential and small commercial contractor;
351 (d) elevator contractor;
352 (e) general plumbing contractor;
353 (f) residential plumbing contractor;
354 (g) general electrical contractor;
355 (h) residential electrical contractor;
356 [
357 [
358 [
359 [
360 [
361 [
362 [
363 [
364 [
365 [
366 [
367 [
368 (i) general engineering classification;
369 (ii) general building classification;
370 (iii) electrical classification;
371 (iv) plumbing classification; and
372 (v) mechanical classification;
373 [
374 [
375 [
376 (3) (a) An applicant may apply for a license in one or more classification or specialty
377 contractor subclassification.
378 (b) A license shall be granted in each classification or subclassification for which the
379 applicant qualifies.
380 (c) A separate application and fee must be submitted for each license classification or
381 subclassification.
382 Section 3. Section 58-55-302 is amended to read:
383 58-55-302. Qualifications for licensure.
384 (1) Each applicant for a license under this chapter shall:
385 (a) submit an application prescribed by the division;
386 (b) pay a fee as determined by the department under Section 63J-1-504;
387 (c) (i) meet the examination requirements established by rule by the commission with
388 the concurrence of the director, except [
389
390 examination as part of a 25-hour course described in Subsection (1)(e)(iii), is required for
391 licensure as an apprentice electrician, apprentice plumber, or specialty contractor; or
392 (ii) if required in Section 58-55-304, the individual qualifier must pass the required
393 examination if the applicant is a business entity;
394 (d) if an apprentice, identify the proposed supervisor of the apprenticeship;
395 (e) if an applicant for a contractor's license:
396 (i) produce satisfactory evidence of financial responsibility, except for a construction
397 trades instructor for whom evidence of financial responsibility is not required;
398 (ii) produce satisfactory evidence of:
399 (A) except as provided in Subsection (2)(a), and except that no employment experience
400 is required for licensure as a specialty contractor, two years full-time paid employment
401 experience in the construction industry, which [
402
403 more specifically described in this section; and
404 (B) knowledge of the principles of the conduct of business as a contractor, reasonably
405 necessary for the protection of the public health, safety, and welfare;
406 (iii) except as otherwise provided by rule by the commission with the concurrence of
407 the director, complete a [
408 the concurrence of the director, which is taught by an approved prelicensure course provider,
409 and which course may include:
410 (A) construction business practices;
411 (B) bookkeeping fundamentals;
412 (C) mechanics lien fundamentals; [
413 (D) other aspects of business and construction principles considered important by the
414 commission with the concurrence of the director; and
415 (E) for no additional fee, an examination at the end of the 25-hour course;
416 (iv) (A) be a licensed master electrician if an applicant for an electrical contractor's
417 license or a licensed master residential electrician if an applicant for a residential electrical
418 contractor's license;
419 (B) be a licensed master plumber if an applicant for a plumbing contractor's license or
420 a licensed master residential plumber if an applicant for a residential plumbing contractor's
421 license; or
422 (C) be a licensed elevator mechanic and produce satisfactory evidence of three years
423 experience as an elevator mechanic if an applicant for an elevator contractor's license; and
424 (v) when the applicant is an unincorporated entity, provide a list of the one or more
425 individuals who hold an ownership interest in the applicant as of the day on which the
426 application is filed that includes for each individual:
427 (A) the individual's name, address, birth date, and social security number; and
428 (B) whether the individual will engage in a construction trade; and
429 (f) if an applicant for a construction trades instructor license, satisfy any additional
430 requirements established by rule.
431 (2) (a) If the applicant for a contractor's license described in Subsection (1) is a
432 building inspector, the applicant may satisfy Subsection (1)(e)(ii)(A) by producing satisfactory
433 evidence of two years full-time paid employment experience as a building inspector, which
434 shall include at least one year full-time experience as a licensed combination inspector.
435 (b) After approval of an applicant for a contractor's license by the applicable board and
436 the division, the applicant shall file the following with the division before the division issues
437 the license:
438 (i) proof of workers' compensation insurance which covers employees of the applicant
439 in accordance with applicable Utah law;
440 (ii) proof of public liability insurance in coverage amounts and form established by rule
441 except for a construction trades instructor for whom public liability insurance is not required;
442 and
443 (iii) proof of registration as required by applicable law with the:
444 (A) Department of Commerce;
445 (B) Division of Corporations and Commercial Code;
446 (C) Unemployment Insurance Division in the Department of Workforce Services, for
447 purposes of Title 35A, Chapter 4, Employment Security Act;
448 (D) State Tax Commission; and
449 (E) Internal Revenue Service.
450 (3) In addition to the general requirements for each applicant in Subsection (1),
451 applicants shall comply with the following requirements to be licensed in the following
452 classifications:
453 (a) (i) A master plumber shall produce satisfactory evidence that the applicant:
454 (A) has been a licensed journeyman plumber for at least two years and had two years of
455 supervisory experience as a licensed journeyman plumber in accordance with division rule;
456 (B) has received at least an associate of applied science degree or similar degree
457 following the completion of a course of study approved by the division and had one year of
458 supervisory experience as a licensed journeyman plumber in accordance with division rule; or
459 (C) meets the qualifications determined by the division in collaboration with the board
460 to be equivalent to Subsection (3)(a)(i)(A) or (B).
461 (ii) An individual holding a valid Utah license as a journeyman plumber, based on at
462 least four years of practical experience as a licensed apprentice under the supervision of a
463 licensed journeyman plumber and four years as a licensed journeyman plumber, in effect
464 immediately prior to May 5, 2008, is on and after May 5, 2008, considered to hold a current
465 master plumber license under this chapter, and satisfies the requirements of this Subsection
466 (3)(a) for the purpose of renewal or reinstatement of that license under Section 58-55-303.
467 (iii) An individual holding a valid plumbing contractor's license or residential
468 plumbing contractor's license, in effect immediately prior to May 5, 2008, is on or after May 5,
469 2008:
470 (A) considered to hold a current master plumber license under this chapter if licensed
471 as a plumbing contractor and a journeyman plumber, and satisfies the requirements of this
472 Subsection (3)(a) for purposes of renewal or reinstatement of that license under Section
473 58-55-303; and
474 (B) considered to hold a current residential master plumber license under this chapter if
475 licensed as a residential plumbing contractor and a residential journeyman plumber, and
476 satisfies the requirements of this Subsection (3)(a) for purposes of renewal or reinstatement of
477 that license under Section 58-55-303.
478 (b) A master residential plumber applicant shall produce satisfactory evidence that the
479 applicant:
480 (i) has been a licensed residential journeyman plumber for at least two years and had
481 two years of supervisory experience as a licensed residential journeyman plumber in
482 accordance with division rule; or
483 (ii) meets the qualifications determined by the division in collaboration with the board
484 to be equivalent to Subsection (3)(b)(i).
485 (c) A journeyman plumber applicant shall produce satisfactory evidence of:
486 (i) successful completion of the equivalent of at least four years of full-time training
487 and instruction as a licensed apprentice plumber under supervision of a licensed master
488 plumber or journeyman plumber and in accordance with a planned program of training
489 approved by the division;
490 (ii) at least eight years of full-time experience approved by the division in collaboration
491 with the Plumbers Licensing Board; or
492 (iii) satisfactory evidence of meeting the qualifications determined by the board to be
493 equivalent to Subsection (3)(c)(i) or (c)(ii).
494 (d) A residential journeyman plumber shall produce satisfactory evidence of:
495 (i) completion of the equivalent of at least three years of full-time training and
496 instruction as a licensed apprentice plumber under the supervision of a licensed residential
497 master plumber, licensed residential journeyman plumber, or licensed journeyman plumber in
498 accordance with a planned program of training approved by the division;
499 (ii) completion of at least six years of full-time experience in a maintenance or repair
500 trade involving substantial plumbing work; or
501 (iii) meeting the qualifications determined by the board to be equivalent to Subsection
502 (3)(d)(i) or (d)(ii).
503 (e) The conduct of licensed apprentice plumbers and their licensed supervisors shall be
504 in accordance with the following:
505 (i) while engaging in the trade of plumbing, a licensed apprentice plumber shall be
506 under the immediate supervision of a licensed master plumber, licensed residential master
507 plumber, licensed journeyman plumber, or a licensed residential journeyman plumber; and
508 (ii) a licensed apprentice plumber in the fourth through tenth year of training may work
509 without supervision for a period not to exceed eight hours in any 24-hour period, but if the
510 apprentice does not become a licensed journeyman plumber or licensed residential journeyman
511 plumber by the end of the tenth year of apprenticeship, this nonsupervision provision no longer
512 applies.
513 (f) A master electrician applicant shall produce satisfactory evidence that the applicant:
514 (i) is a graduate electrical engineer of an accredited college or university approved by
515 the division and has one year of practical electrical experience as a licensed apprentice
516 electrician;
517 (ii) is a graduate of an electrical trade school, having received an associate of applied
518 sciences degree following successful completion of a course of study approved by the division,
519 and has two years of practical experience as a licensed journeyman electrician;
520 (iii) has four years of practical experience as a journeyman electrician; or
521 (iv) meets the qualifications determined by the board to be equivalent to Subsection
522 (3)(f)(i), (ii), or (iii).
523 (g) A master residential electrician applicant shall produce satisfactory evidence that
524 the applicant:
525 (i) has at least two years of practical experience as a residential journeyman electrician;
526 or
527 (ii) meets the qualifications determined by the board to be equivalent to this practical
528 experience.
529 (h) A journeyman electrician applicant shall produce satisfactory evidence that the
530 applicant:
531 (i) has successfully completed at least four years of full-time training and instruction as
532 a licensed apprentice electrician under the supervision of a master electrician or journeyman
533 electrician and in accordance with a planned training program approved by the division;
534 (ii) has at least eight years of full-time experience approved by the division in
535 collaboration with the Electricians Licensing Board; or
536 (iii) meets the qualifications determined by the board to be equivalent to Subsection
537 (3)(h)(i) or (ii).
538 (i) A residential journeyman electrician applicant shall produce satisfactory evidence
539 that the applicant:
540 (i) has successfully completed two years of training in an electrical training program
541 approved by the division;
542 (ii) has four years of practical experience in wiring, installing, and repairing electrical
543 apparatus and equipment for light, heat, and power under the supervision of a licensed master,
544 journeyman, residential master, or residential journeyman electrician; or
545 (iii) meets the qualifications determined by the division and applicable board to be
546 equivalent to Subsection (3)(i)(i) or (ii).
547 (j) The conduct of licensed apprentice electricians and their licensed supervisors shall
548 be in accordance with the following:
549 (i) A licensed apprentice electrician shall be under the immediate supervision of a
550 licensed master, journeyman, residential master, or residential journeyman electrician. An
551 apprentice in the fourth year of training may work without supervision for a period not to
552 exceed eight hours in any 24-hour period.
553 (ii) A licensed master, journeyman, residential master, or residential journeyman
554 electrician may have under immediate supervision on a residential project up to three licensed
555 apprentice electricians.
556 (iii) A licensed master or journeyman electrician may have under immediate
557 supervision on nonresidential projects only one licensed apprentice electrician.
558 (k) An alarm company applicant shall:
559 (i) have a qualifying agent who is an officer, director, partner, proprietor, or manager of
560 the applicant who:
561 (A) demonstrates 6,000 hours of experience in the alarm company business;
562 (B) demonstrates 2,000 hours of experience as a manager or administrator in the alarm
563 company business or in a construction business; and
564 (C) passes an examination component established by rule by the commission with the
565 concurrence of the director;
566 (ii) if a corporation, provide:
567 (A) the names, addresses, dates of birth, social security numbers, and fingerprint cards
568 of all corporate officers, directors, and those responsible management personnel employed
569 within the state or having direct responsibility for managing operations of the applicant within
570 the state; and
571 (B) the names, addresses, dates of birth, social security numbers, and fingerprint cards
572 of all shareholders owning 5% or more of the outstanding shares of the corporation, except this
573 shall not be required if the stock is publicly listed and traded;
574 (iii) if a limited liability company, provide:
575 (A) the names, addresses, dates of birth, social security numbers, and fingerprint cards
576 of all company officers, and those responsible management personnel employed within the
577 state or having direct responsibility for managing operations of the applicant within the state;
578 and
579 (B) the names, addresses, dates of birth, social security numbers, and fingerprint cards
580 of all individuals owning 5% or more of the equity of the company;
581 (iv) if a partnership, provide the names, addresses, dates of birth, social security
582 numbers, and fingerprint cards of all general partners, and those responsible management
583 personnel employed within the state or having direct responsibility for managing operations of
584 the applicant within the state;
585 (v) if a proprietorship, provide the names, addresses, dates of birth, social security
586 numbers, and fingerprint cards of the proprietor, and those responsible management personnel
587 employed within the state or having direct responsibility for managing operations of the
588 applicant within the state;
589 (vi) if a trust, provide the names, addresses, dates of birth, social security numbers, and
590 fingerprint cards of the trustee, and those responsible management personnel employed within
591 the state or having direct responsibility for managing operations of the applicant within the
592 state;
593 (vii) be of good moral character in that officers, directors, shareholders described in
594 Subsection (3)(k)(ii)(B), partners, proprietors, trustees, and responsible management personnel
595 have not been convicted of a felony, a misdemeanor involving moral turpitude, or any other
596 crime that when considered with the duties and responsibilities of an alarm company is
597 considered by the board to indicate that the best interests of the public are served by granting
598 the applicant a license;
599 (viii) document that none of the applicant's officers, directors, shareholders described
600 in Subsection (3)(k)(ii)(B), partners, proprietors, trustees, and responsible management
601 personnel have been declared by any court of competent jurisdiction incompetent by reason of
602 mental defect or disease and not been restored;
603 (ix) document that none of the applicant's officers, directors, shareholders described in
604 Subsection (3)(k)(ii)(B), partners, proprietors, and responsible management personnel are
605 currently suffering from habitual drunkenness or from drug addiction or dependence;
606 (x) file and maintain with the division evidence of:
607 (A) comprehensive general liability insurance in form and in amounts to be established
608 by rule by the commission with the concurrence of the director;
609 (B) workers' compensation insurance that covers employees of the applicant in
610 accordance with applicable Utah law; and
611 (C) registration as is required by applicable law with the:
612 (I) Division of Corporations and Commercial Code;
613 (II) Unemployment Insurance Division in the Department of Workforce Services, for
614 purposes of Title 35A, Chapter 4, Employment Security Act;
615 (III) State Tax Commission; and
616 (IV) Internal Revenue Service; and
617 (xi) meet with the division and board.
618 (l) Each applicant for licensure as an alarm company agent shall:
619 (i) submit an application in a form prescribed by the division accompanied by
620 fingerprint cards;
621 (ii) pay a fee determined by the department under Section 63J-1-504;
622 (iii) be of good moral character in that the applicant has not been convicted of a felony,
623 a misdemeanor involving moral turpitude, or any other crime that when considered with the
624 duties and responsibilities of an alarm company agent is considered by the board to indicate
625 that the best interests of the public are served by granting the applicant a license;
626 (iv) not have been declared by any court of competent jurisdiction incompetent by
627 reason of mental defect or disease and not been restored;
628 (v) not be currently suffering from habitual drunkenness or from drug addiction or
629 dependence; and
630 (vi) meet with the division and board if requested by the division or the board.
631 (m) (i) Each applicant for licensure as an elevator mechanic shall:
632 (A) provide documentation of experience and education credits of not less than three
633 years work experience in the elevator industry, in construction, maintenance, or service and
634 repair; and
635 (B) satisfactorily complete a written examination administered by the division
636 established by rule under Section 58-1-203; or
637 (C) provide certificates of completion of an apprenticeship program for elevator
638 mechanics, having standards substantially equal to those of this chapter and registered with the
639 United States Department of Labor Bureau Apprenticeship and Training or a state
640 apprenticeship council.
641 (ii) (A) If an elevator contractor licensed under this chapter cannot find a licensed
642 elevator mechanic to perform the work of erecting, constructing, installing, altering, servicing,
643 repairing, or maintaining an elevator, the contractor may:
644 (I) notify the division of the unavailability of licensed personnel; and
645 (II) request the division issue a temporary elevator mechanic license to an individual
646 certified by the contractor as having an acceptable combination of documented experience and
647 education to perform the work described in this Subsection (3)(m)(ii)(A).
648 (B) (I) The division may issue a temporary elevator mechanic license to an individual
649 certified under Subsection (3)(m)(ii)(A)(II) upon application by the individual, accompanied by
650 the appropriate fee as determined by the department under Section 63J-1-504.
651 (II) The division shall specify the time period for which the license is valid and may
652 renew the license for an additional time period upon its determination that a shortage of
653 licensed elevator mechanics continues to exist.
654 (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
655 division may make rules establishing when Federal Bureau of Investigation records shall be
656 checked for applicants as an alarm company or alarm company agent.
657 (5) To determine if an applicant meets the qualifications of Subsections (3)(k)(vii) and
658 (3)(l)(iii), the division shall provide an appropriate number of copies of fingerprint cards to the
659 Department of Public Safety with the division's request to:
660 (a) conduct a search of records of the Department of Public Safety for criminal history
661 information relating to each applicant for licensure as an alarm company or alarm company
662 agent and each applicant's officers, directors, shareholders described in Subsection
663 (3)(k)(ii)(B), partners, proprietors, and responsible management personnel; and
664 (b) forward to the Federal Bureau of Investigation a fingerprint card of each applicant
665 requiring a check of records of the Federal Bureau of Investigation for criminal history
666 information under this section.
667 (6) The Department of Public Safety shall send to the division:
668 (a) a written record of criminal history, or certification of no criminal history record, as
669 contained in the records of the Department of Public Safety in a timely manner after receipt of
670 a fingerprint card from the division and a request for review of Department of Public Safety
671 records; and
672 (b) the results of the Federal Bureau of Investigation review concerning an applicant in
673 a timely manner after receipt of information from the Federal Bureau of Investigation.
674 (7) (a) The division shall charge each applicant for licensure as an alarm company or
675 alarm company agent a fee, in accordance with Section 63J-1-504, equal to the cost of
676 performing the records reviews under this section.
677 (b) The division shall pay the Department of Public Safety the costs of all records
678 reviews, and the Department of Public Safety shall pay the Federal Bureau of Investigation the
679 costs of records reviews under this section.
680 (8) Information obtained by the division from the reviews of criminal history records of
681 the Department of Public Safety and the Federal Bureau of Investigation shall be used or
682 disseminated by the division only for the purpose of determining if an applicant for licensure as
683 an alarm company or alarm company agent is qualified for licensure.
684 (9) (a) An application for licensure under this chapter shall be denied if:
685 (i) the applicant has had a previous license, which was issued under this chapter,
686 suspended or revoked within two years before the date of the applicant's application;
687 (ii) (A) the applicant is a partnership, corporation, or limited liability company; and
688 (B) any corporate officer, director, shareholder holding 25% or more of the stock in the
689 applicant, partner, member, agent acting as a qualifier, or any person occupying a similar
690 status, performing similar functions, or directly or indirectly controlling the applicant has
691 served in any similar capacity with any person or entity which has had a previous license,
692 which was issued under this chapter, suspended or revoked within two years before the date of
693 the applicant's application;
694 (iii) (A) the applicant is an individual or sole proprietorship; and
695 (B) any owner or agent acting as a qualifier has served in any capacity listed in
696 Subsection (9)(a)(ii)(B) in any entity which has had a previous license, which was issued under
697 this chapter, suspended or revoked within two years before the date of the applicant's
698 application; or
699 (iv) (A) the applicant includes an individual who was an owner, director, or officer of
700 an unincorporated entity at the time the entity's license under this chapter was revoked; and
701 (B) the application for licensure is filed within 60 months after the revocation of the
702 unincorporated entity's license.
703 (b) An application for licensure under this chapter shall be reviewed by the appropriate
704 licensing board prior to approval if:
705 (i) the applicant has had a previous license, which was issued under this chapter,
706 suspended or revoked more than two years before the date of the applicant's application;
707 (ii) (A) the applicant is a partnership, corporation, or limited liability company; and
708 (B) any corporate officer, director, shareholder holding 25% or more of the stock in the
709 applicant, partner, member, agent acting as a qualifier, or any person occupying a similar
710 status, performing similar functions, or directly or indirectly controlling the applicant has
711 served in any similar capacity with any person or entity which has had a previous license,
712 which was issued under this chapter, suspended or revoked more than two years before the date
713 of the applicant's application; or
714 (iii) (A) the applicant is an individual or sole proprietorship; and
715 (B) any owner or agent acting as a qualifier has served in any capacity listed in
716 Subsection (9)(b)(ii)(B) in any entity which has had a previous license, which was issued under
717 this chapter, suspended or revoked more than two years before the date of the applicant's
718 application.
719 (10) (a) (i) A licensee that is an unincorporated entity shall file an ownership status
720 report with the division every 30 days after the day on which the license is issued if the licensee
721 has more than five owners who are individuals who:
722 (A) own an interest in the contractor that is an unincorporated entity;
723 (B) own, directly or indirectly, less than an 8% interest, as defined by rule made by the
724 division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in the
725 unincorporated entity; and
726 (C) engage, or will engage, in a construction trade in the state as owners of the
727 contractor described in Subsection (10)(a)(i)(A).
728 (ii) If the licensee has five or fewer owners described in Subsection (10)(a)(i), the
729 licensee shall provide the ownership status report with an application for renewal of licensure.
730 (b) An ownership status report required under this Subsection (10) shall:
731 (i) specify each addition or deletion of an owner:
732 (A) for the first ownership status report, after the day on which the unincorporated
733 entity is licensed under this chapter; and
734 (B) for a subsequent ownership status report, after the day on which the previous
735 ownership status report is filed;
736 (ii) be in a format prescribed by the division that includes for each owner, regardless of
737 the owner's percentage ownership in the unincorporated entity, the information described in
738 Subsection(1)(e)(v);
739 (iii) list the name of:
740 (A) each officer or manager of the unincorporated entity; and
741 (B) each other individual involved in the operation, supervision, or management of the
742 unincorporated entity; and
743 (iv) be accompanied by a fee set by the division in accordance with Section 63J-1-504
744 if the ownership status report indicates there is a change described in Subsection (10)(b)(i).
745 (c) The division may, at any time, audit an ownership status report under this
746 Subsection (10):
747 (i) to determine if financial responsibility has been demonstrated or maintained as
748 required under Section 58-55-306; and
749 (ii) to determine compliance with Subsection 58-55-501(24), (25), or (27) or
750 Subsection 58-55-502(8) or (9).
751 (11) (a) An unincorporated entity that provides labor to an entity licensed under this
752 chapter by providing an individual who owns an interest in the unincorporated entity to engage
753 in a construction trade in Utah shall file with the division:
754 (i) before the individual who owns an interest in the unincorporated entity engages in a
755 construction trade in Utah, a current list of the one or more individuals who hold an ownership
756 interest in the unincorporated entity that includes for each individual:
757 (A) the individual's name, address, birth date, and social security number; and
758 (B) whether the individual will engage in a construction trade; and
759 (ii) every 30 days after the day on which the unincorporated entity provides the list
760 described in Subsection (11)(a)(i), an ownership status report containing the information that
761 would be required under Subsection (10) if the unincorporated entity were a licensed
762 contractor.
763 (b) When filing an ownership list described in Subsection (11)(a)(i) or an ownership
764 status report described in Subsection (11)(a)(ii), an unincorporated entity shall pay a fee set by
765 the division in accordance with Section 63J-1-504.
766 (12) This chapter may not be interpreted to create or support an express or implied
767 independent contractor relationship between an unincorporated entity described in Subsection
768 (10) or (11) and the owners of the unincorporated entity for any purpose, including income tax
769 withholding.
770 (13) A social security number provided under Subsection (1)(e)(v) is a private record
771 under Subsection 63G-2-302(1)(i).
772 Section 4. Section 58-55-302.5 is amended to read:
773 58-55-302.5. Continuing education requirements for contractor licensees --
774 Continuing education courses.
775 (1) Each contractor licensee under a license issued under this chapter shall complete
776 six hours of approved continuing education during each two-year renewal cycle established by
777 rule under Subsection 58-55-303(1).
778 (2) (a) The commission shall, with the concurrence of the division, establish by rule a
779 program of approved continuing education for contractor licensees.
780 (b) Except as provided in Subsection (2)(e), beginning on or after June 1, 2015, only
781 courses offered by any of the following may be included in the program of approved continuing
782 education for contractor licensees:
783 (i) the Associated General Contractors of Utah;
784 (ii) Associated Builders and Contractors, Utah Chapter;
785 (iii) the Home Builders Association of Utah;
786 (iv) the National Electrical Contractors Association Intermountain Chapter;
787 (v) the Utah Plumbing & Heating Contractors Association;
788 (vi) the Independent Electrical Contractors of Utah;
789 (vii) the Rocky Mountain Gas Association;
790 (viii) the Utah Mechanical Contractors Association;
791 (ix) the Sheet Metal Contractors Association;
792 (x) the Intermountain Electrical Association;
793 (xi) the Builders Bid Service of Utah; or
794 (xii) Utah Roofing Contractors Association.
795 (c) An approved continuing education program for a contractor licensee may include a
796 course approved by an entity described in Subsections (2)(b)(i) through (2)(b)(iii).
797 (d) (i) Except as provided in Subsections (2)(d)(ii) and (iii), an entity listed in
798 Subsections (2)(b)(iv) through (2)(b)(xii) may only offer and market continuing education
799 courses to a licensee who is a member of the entity.
800 (ii) An entity described in Subsection (2)(b)(iv), (vi), or (x) may offer and market a
801 continuing education course that the entity offers to satisfy the continuing education
802 requirement described in Subsection 58-55-302.7(2)(a) to a contractor in the electrical trade.
803 (iii) An entity described in Subsection (2)(b)(v) or (viii) may offer and market a
804 continuing education course that the entity offers to satisfy the continuing education
805 requirement described in Subsection 58-55-302.7(2)(b) to a contractor in the plumbing trade.
806 (e) On or after June 1, 2015, an approved continuing education program for a
807 contractor licensee may include a course offered and taught by:
808 (i) a state executive branch agency;
809 (ii) the Workers' Compensation Fund created in Section 31A-33-102; or
810 (iii) a nationally or regionally accredited college or university that has a physical
811 campus in the state.
812 (f) On or after June 1, 2017, for a contractor licensee that is licensed in the specialty
813 contractor classification of HVAC contractor, at least three of the six hours described in
814 Subsection (1) shall include continuing education directly related to the installation, repair, or
815 replacement of a heating, ventilation, or air conditioning system.
816 (3) The division may contract with a person to establish and maintain a continuing
817 education registry to include:
818 (a) a list of courses that the division has approved for inclusion in the program of
819 approved continuing education; and
820 (b) a list of courses that:
821 (i) a contractor licensee has completed under the program of approved continuing
822 education; and
823 (ii) the licensee may access to monitor the licensee's compliance with the continuing
824 education requirement established under Subsection (1).
825 (4) The division may charge a fee, as established by the division under Section
826 63J-1-504, to administer the requirements of this section.