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6 Cosponsor:
Mike Winder
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8 LONG TITLE
9 General Description:
10 This bill modifies provisions of the Division of Occupational and Professional
11 Licensing Act (the act).
12 Highlighted Provisions:
13 This bill:
14 ▸ modifies licensing by endorsement provisions of the act;
15 ▸ modifies testing, course work, experience, and continuing education requirements
16 for certain contractor licenses;
17 ▸ modifies direct supervision requirements and other licensing requirements for
18 apprentice plumbers and electricians;
19 ▸ authorizes certain surcharge fees for applying for, renewing, or reinstating certain
20 licenses; and
21 ▸ makes technical changes.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None
26 Utah Code Sections Affected:
27 AMENDS:
28 58-1-302, as last amended by Laws of Utah 2018, Chapter 198
29 58-55-102, as last amended by Laws of Utah 2018, Chapter 281
30 58-55-201, as last amended by Laws of Utah 2008, Chapter 215
31 58-55-302, as last amended by Laws of Utah 2017, Chapter 411
32 58-55-302.5, as last amended by Laws of Utah 2017, Chapters 363 and 411
33 58-55-305, as last amended by Laws of Utah 2018, Chapter 318
34 63J-1-602.1, as last amended by Laws of Utah 2018, Chapters 114, 347, 430 and
35 repealed and reenacted by Laws of Utah 2018, Chapter 469
36 ENACTS:
37 58-3a-105, Utah Code Annotated 1953
38 58-22-104, Utah Code Annotated 1953
39 58-55-104, Utah Code Annotated 1953
40 58-55-105, Utah Code Annotated 1953
41 58-55-106, Utah Code Annotated 1953
42 58-56-3.5, Utah Code Annotated 1953
43
44 Be it enacted by the Legislature of the state of Utah:
45 Section 1. Section 58-1-302 is amended to read:
46 58-1-302. License by endorsement.
47 [
48 [
49 [
50 [
51 [
52
53
54 [
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57 [
58 issue a license without examination to a [
59 district, or territory of the United States or in a foreign country if:
60 (a) the division determines the education, experience, and examination requirements of
61 the state, district, or territory of the United States or the foreign country, at the time the license
62 was issued, were substantially equal to the current requirements of this state; or
63 (b) after being licensed outside of this state, the [
64 of experience in the state, district, or territory of the United States where the license was issued,
65 and the division determines the [
66 necessary to demonstrate competency in the occupation or profession for which licensure is
67 sought.
68 [
69 rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
70 prescribing the requirements of Subsection [
71 [
72 (a) pay a fee determined by the department under Section 63J-1-504; and
73 (b) produce satisfactory evidence of the resident's identity, qualifications, and good
74 standing in the occupation or profession for which licensure is sought.
75 [
76 section may be supplemented or altered by licensure endorsement provisions or multistate
77 licensure compacts in specific chapters of this title.
78 Section 2. Section 58-3a-105 is enacted to read:
79 58-3a-105. Surcharge fee.
80 (1) In addition to any other fees authorized by this chapter or by the division in
81 accordance with Section 63J-1-504, the division shall require each applicant for an initial
82 license, renewal of a license, or reinstatement of a license under this chapter to pay a $1
83 surcharge fee.
84 (2) The surcharge fee shall be used by the division to provide each licensee under this
85 chapter with access to an electronic reference library that provides web-based access to
86 national, state, and local building codes and standards.
87 Section 3. Section 58-22-104 is enacted to read:
88 58-22-104. Surcharge fee.
89 (1) In addition to any other fees authorized by this chapter or by the division in
90 accordance with Section 63J-1-504, the division shall require each applicant for an initial
91 license, renewal of a license, or reinstatement of a license under this chapter to pay a $1
92 surcharge fee.
93 (2) The surcharge fee shall be used by the division to provide each licensee under this
94 chapter with access to an electronic reference library that provides web-based access to
95 national, state, and local building codes and standards.
96 Section 4. Section 58-55-102 is amended to read:
97 58-55-102. Definitions.
98 In addition to the definitions in Section 58-1-102, as used in this chapter:
99 (1) (a) "Alarm business or company" means a person engaged in the sale, installation,
100 maintenance, alteration, repair, replacement, servicing, or monitoring of an alarm system,
101 except as provided in Subsection (1)(b).
102 (b) "Alarm business or company" does not include:
103 (i) a person engaged in the manufacture or sale of alarm systems unless:
104 (A) that person is also engaged in the installation, maintenance, alteration, repair,
105 replacement, servicing, or monitoring of alarm systems;
106 (B) the manufacture or sale occurs at a location other than a place of business
107 established by the person engaged in the manufacture or sale; or
108 (C) the manufacture or sale involves site visits at the place or intended place of
109 installation of an alarm system; or
110 (ii) an owner of an alarm system, or an employee of the owner of an alarm system who
111 is engaged in installation, maintenance, alteration, repair, replacement, servicing, or monitoring
112 of the alarm system owned by that owner.
113 (2) "Alarm company agent":
114 (a) except as provided in Subsection (2)(b), means any individual employed within this
115 state by an alarm business; and
116 (b) does not include an individual who:
117 (i) is not engaged in the sale, installation, maintenance, alteration, repair, replacement,
118 servicing, or monitoring of an alarm system; and
119 (ii) does not, during the normal course of the individual's employment with an alarm
120 business, use or have access to sensitive alarm system information.
121 (3) "Alarm system" means equipment and devices assembled for the purpose of:
122 (a) detecting and signaling unauthorized intrusion or entry into or onto certain
123 premises; or
124 (b) signaling a robbery or attempted robbery on protected premises.
125 (4) "Apprentice electrician" means a person licensed under this chapter as an
126 apprentice electrician who is learning the electrical trade under the immediate supervision of a
127 master electrician, residential master electrician, a journeyman electrician, or a residential
128 journeyman electrician.
129 (5) "Apprentice plumber" means a person licensed under this chapter as an apprentice
130 plumber who is learning the plumbing trade under the immediate supervision of a master
131 plumber, residential master plumber, journeyman plumber, or a residential journeyman
132 plumber.
133 (6) "Approved continuing education" means instruction provided through courses
134 under a program established under Subsection 58-55-302.5(2).
135 (7) (a) "Approved prelicensure course provider" means a provider that is approved by
136 the commission with the concurrence of the director, and that meets the requirements
137 established by rule by the commission with the concurrence of the director, to teach the
138 25-hour course described in Subsection 58-55-302(1)(e)(iii).
139 (b) "Approved prelicensure course provider" may only include a provider that, in
140 addition to any other locations, offers the 25-hour course described in Subsection
141 58-55-302(1)(e)(iii) at least six times each year in one or more counties other than Salt Lake
142 County, Utah County, Davis County, or Weber County.
143 (8) "Board" means the Electrician Licensing Board, Alarm System Security and
144 Licensing Board, or Plumbers Licensing Board created in Section 58-55-201.
145 (9) "Combustion system" means an assembly consisting of:
146 (a) piping and components with a means for conveying, either continuously or
147 intermittently, natural gas from the outlet of the natural gas provider's meter to the burner of the
148 appliance;
149 (b) the electric control and combustion air supply and venting systems, including air
150 ducts; and
151 (c) components intended to achieve control of quantity, flow, and pressure.
152 (10) "Commission" means the Construction Services Commission created under
153 Section 58-55-103.
154 (11) "Construction trade" means any trade or occupation involving:
155 (a) (i) construction, alteration, remodeling, repairing, wrecking or demolition, addition
156 to, or improvement of any building, highway, road, railroad, dam, bridge, structure, excavation
157 or other project, development, or improvement to other than personal property; and
158 (ii) constructing, remodeling, or repairing a manufactured home or mobile home as
159 defined in Section 15A-1-302; or
160 (b) installation or repair of a residential or commercial natural gas appliance or
161 combustion system.
162 (12) "Construction trades instructor" means a person licensed under this chapter to
163 teach one or more construction trades in both a classroom and project environment, where a
164 project is intended for sale to or use by the public and is completed under the direction of the
165 instructor, who has no economic interest in the project.
166 (13) (a) "Contractor" means any person who for compensation other than wages as an
167 employee undertakes any work in the construction, plumbing, or electrical trade for which
168 licensure is required under this chapter and includes:
169 (i) a person who builds any structure on the person's own property for the purpose of
170 sale or who builds any structure intended for public use on the person's own property;
171 (ii) any person who represents that the person is a contractor, or will perform a service
172 described in this Subsection (13), by advertising on a website or social media, or any other
173 means;
174 (iii) any person engaged as a maintenance person, other than an employee, who
175 regularly engages in activities set forth under the definition of "construction trade";
176 (iv) any person engaged in, or offering to engage in, any construction trade for which
177 licensure is required under this chapter; or
178 (v) a construction manager, construction consultant, construction assistant, or any other
179 person who, for a fee:
180 (A) performs or offers to perform construction consulting;
181 (B) performs or offers to perform management of construction subcontractors;
182 (C) provides or offers to provide a list of subcontractors or suppliers; or
183 (D) provides or offers to provide management or counseling services on a construction
184 project.
185 (b) "Contractor" does not include:
186 (i) an alarm company or alarm company agent; or
187 (ii) a material supplier who provides consulting to customers regarding the design and
188 installation of the material supplier's products.
189 (14) (a) "Electrical trade" means the performance of any electrical work involved in the
190 installation, construction, alteration, change, repair, removal, or maintenance of facilities,
191 buildings, or appendages or appurtenances.
192 (b) "Electrical trade" does not include:
193 (i) transporting or handling electrical materials;
194 (ii) preparing clearance for raceways for wiring; [
195 (iii) work commonly done by unskilled labor on any installations under the exclusive
196 control of electrical utilities[
197 (iv) work involving cable-type wiring that does not pose a shock or fire-initiation
198 hazard; or
199 (v) work involving class two or class three power-limited circuits as defined in the
200 National Electrical Code.
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206 (15) "Elevator" means the same as that term is defined in Section 34A-7-202, except
207 that for purposes of this chapter it does not mean a stair chair, a vertical platform lift, or an
208 incline platform lift.
209 (16) "Elevator contractor" means a sole proprietor, firm, or corporation licensed under
210 this chapter that is engaged in the business of erecting, constructing, installing, altering,
211 servicing, repairing, or maintaining an elevator.
212 (17) "Elevator mechanic" means an individual who is licensed under this chapter as an
213 elevator mechanic and who is engaged in erecting, constructing, installing, altering, servicing,
214 repairing, or maintaining an elevator under the immediate supervision of an elevator contractor.
215 (18) "Employee" means an individual as defined by the division by rule giving
216 consideration to the definition adopted by the Internal Revenue Service and the Department of
217 Workforce Services.
218 (19) "Engage in a construction trade" means to:
219 (a) engage in, represent oneself to be engaged in, or advertise oneself as being engaged
220 in a construction trade; or
221 (b) use the name "contractor" or "builder" or in any other way lead a reasonable person
222 to believe one is or will act as a contractor.
223 (20) (a) "Financial responsibility" means a demonstration of a current and expected
224 future condition of financial solvency evidencing a reasonable expectation to the division and
225 the board that an applicant or licensee can successfully engage in business as a contractor
226 without jeopardy to the public health, safety, and welfare.
227 (b) Financial responsibility may be determined by an evaluation of the total history
228 concerning the licensee or applicant including past, present, and expected condition and record
229 of financial solvency and business conduct.
230 (21) "Gas appliance" means any device that uses natural gas to produce light, heat,
231 power, steam, hot water, refrigeration, or air conditioning.
232 (22) (a) "General building contractor" means a person licensed under this chapter as a
233 general building contractor qualified by education, training, experience, and knowledge to
234 perform or superintend construction of structures for the support, shelter, and enclosure of
235 persons, animals, chattels, or movable property of any kind or any of the components of that
236 construction except plumbing, electrical work, mechanical work, work related to the operating
237 integrity of an elevator, and manufactured housing installation, for which the general building
238 contractor shall employ the services of a contractor licensed in the particular specialty, except
239 that a general building contractor engaged in the construction of single-family and multifamily
240 residences up to four units may perform the mechanical work and hire a licensed plumber or
241 electrician as an employee.
242 (b) The division may by rule exclude general building contractors from engaging in the
243 performance of other construction specialties in which there is represented a substantial risk to
244 the public health, safety, and welfare, and for which a license is required unless that general
245 building contractor holds a valid license in that specialty classification.
246 (23) (a) "General electrical contractor" means a person licensed under this chapter as a
247 general electrical contractor qualified by education, training, experience, and knowledge to
248 perform the fabrication, construction, and installation of generators, transformers, conduits,
249 raceways, panels, switch gear, electrical wires, fixtures, appliances, or apparatus that uses
250 electrical energy.
251 (b) The scope of work of a general electrical contractor may be further defined by rules
252 made by the commission, with the concurrence of the director, in accordance with Title 63G,
253 Chapter 3, Utah Administrative Rulemaking Act.
254 (24) (a) "General engineering contractor" means a person licensed under this chapter as
255 a general engineering contractor qualified by education, training, experience, and knowledge to
256 perform construction of fixed works in any of the following: irrigation, drainage, water, power,
257 water supply, flood control, inland waterways, harbors, railroads, highways, tunnels, airports
258 and runways, sewers and bridges, refineries, pipelines, chemical and industrial plants requiring
259 specialized engineering knowledge and skill, piers, and foundations, or any of the components
260 of those works.
261 (b) A general engineering contractor may not perform construction of structures built
262 primarily for the support, shelter, and enclosure of persons, animals, and chattels.
263 (25) (a) "General plumbing contractor" means a person licensed under this chapter as a
264 general plumbing contractor qualified by education, training, experience, and knowledge to
265 perform the fabrication or installation of material and fixtures to create and maintain sanitary
266 conditions in a building by providing permanent means for a supply of safe and pure water, a
267 means for the timely and complete removal from the premises of all used or contaminated
268 water, fluid and semi-fluid organic wastes and other impurities incidental to life and the
269 occupation of such premises, and a safe and adequate supply of gases for lighting, heating, and
270 industrial purposes.
271 (b) The scope of work of a general plumbing contractor may be further defined by rules
272 made by the commission, with the concurrence of the director, in accordance with Title 63G,
273 Chapter 3, Utah Administrative Rulemaking Act.
274 (26) "Immediate supervision" means reasonable direction, oversight, inspection, and
275 evaluation of the work of a person:
276 (a) as the division specifies in rule;
277 (b) by, as applicable, a qualified electrician or plumber;
278 (c) as part of a planned program of training; and
279 (d) to ensure that the end result complies with applicable standards.
280 (27) "Individual" means a natural person.
281 (28) "Journeyman electrician" means a person licensed under this chapter as a
282 journeyman electrician having the qualifications, training, experience, and knowledge to wire,
283 install, and repair electrical apparatus and equipment for light, heat, power, and other purposes.
284 (29) "Journeyman plumber" means a person licensed under this chapter as a
285 journeyman plumber having the qualifications, training, experience, and technical knowledge
286 to engage in the plumbing trade.
287 (30) "Master electrician" means a person licensed under this chapter as a master
288 electrician having the qualifications, training, experience, and knowledge to properly plan,
289 layout, and supervise the wiring, installation, and repair of electrical apparatus and equipment
290 for light, heat, power, and other purposes.
291 (31) "Master plumber" means a person licensed under this chapter as a master plumber
292 having the qualifications, training, experience, and knowledge to properly plan and layout
293 projects and supervise persons in the plumbing trade.
294 (32) "Person" means a natural person, sole proprietorship, joint venture, corporation,
295 limited liability company, association, or organization of any type.
296 (33) (a) "Plumbing trade" means the performance of any mechanical work pertaining to
297 the installation, alteration, change, repair, removal, maintenance, or use in buildings, or within
298 three feet beyond the outside walls of buildings, of pipes, fixtures, and fittings for the:
299 (i) delivery of the water supply;
300 (ii) discharge of liquid and water carried waste;
301 (iii) building drainage system within the walls of the building; and
302 (iv) delivery of gases for lighting, heating, and industrial purposes.
303 (b) "Plumbing trade" includes work pertaining to the water supply, distribution pipes,
304 fixtures and fixture traps, soil, waste and vent pipes, the building drain and roof drains, and the
305 safe and adequate supply of gases, together with their devices, appurtenances, and connections
306 where installed within the outside walls of the building.
307 (34) [
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315 apprentices or licensed electrician apprentices that are allowed to be under the immediate
316 supervision of a licensed supervisor as established by the provisions of this chapter and by
317 rules made by the commission, with the concurrence of the director, in accordance with Title
318 63G, Chapter 3, Utah Administrative Rulemaking Act.
319 (35) "Residential and small commercial contractor" means a person licensed under this
320 chapter as a residential and small commercial contractor qualified by education, training,
321 experience, and knowledge to perform or superintend the construction of single-family
322 residences, multifamily residences up to four units, and commercial construction of not more
323 than three stories above ground and not more than 20,000 square feet, or any of the components
324 of that construction except plumbing, electrical work, mechanical work, and manufactured
325 housing installation, for which the residential and small commercial contractor shall employ
326 the services of a contractor licensed in the particular specialty, except that a residential and
327 small commercial contractor engaged in the construction of single-family and multifamily
328 residences up to four units may perform the mechanical work and hire a licensed plumber or
329 electrician as an employee.
330 (36) "Residential building," as it relates to the license classification of residential
331 journeyman plumber and residential master plumber, means a single or multiple family
332 dwelling of up to four units.
333 (37) (a) "Residential electrical contractor" means a person licensed under this chapter
334 as a residential electrical contractor qualified by education, training, experience, and
335 knowledge to perform the fabrication, construction, and installation of services, disconnecting
336 means, grounding devices, panels, conductors, load centers, lighting and plug circuits,
337 appliances, and fixtures in a residential unit.
338 (b) The scope of work of a residential electrical contractor may be further defined by
339 rules made by the commission, with the concurrence of the director, in accordance with Title
340 63G, Chapter 3, Utah Administrative Rulemaking Act.
341 (38) "Residential journeyman electrician" means a person licensed under this chapter
342 as a residential journeyman electrician having the qualifications, training, experience, and
343 knowledge to wire, install, and repair electrical apparatus and equipment for light, heat, power,
344 and other purposes on buildings using primarily nonmetallic sheath cable.
345 (39) "Residential journeyman plumber" means a person licensed under this chapter as a
346 residential journeyman plumber having the qualifications, training, experience, and knowledge
347 to engage in the plumbing trade as limited to the plumbing of residential buildings.
348 (40) "Residential master electrician" means a person licensed under this chapter as a
349 residential master electrician having the qualifications, training, experience, and knowledge to
350 properly plan, layout, and supervise the wiring, installation, and repair of electrical apparatus
351 and equipment for light, heat, power, and other purposes on residential projects.
352 (41) "Residential master plumber" means a person licensed under this chapter as a
353 residential master plumber having the qualifications, training, experience, and knowledge to
354 properly plan and layout projects and supervise persons in the plumbing trade as limited to the
355 plumbing of residential buildings.
356 (42) (a) "Residential plumbing contractor" means a person licensed under this chapter
357 as a residential plumbing contractor qualified by education, training, experience, and
358 knowledge to perform the fabrication or installation of material and fixtures to create and
359 maintain sanitary conditions in residential buildings by providing permanent means for a
360 supply of safe and pure water, a means for the timely and complete removal from the premises
361 of all used or contaminated water, fluid and semi-fluid organic wastes and other impurities
362 incidental to life and the occupation of such premises, and a safe and adequate supply of gases
363 for lighting, heating, and industrial purposes.
364 (b) The scope of work of a residential plumbing contractor may be further defined by
365 rules made by the commission, with the concurrence of the director, in accordance with Title
366 63G, Chapter 3, Utah Administrative Rulemaking Act.
367 (43) "Residential project," as it relates to an electrician or electrical contractor, means
368 buildings primarily wired with nonmetallic sheathed cable, in accordance with standard rules
369 and regulations governing this work, including the National Electrical Code, and in which the
370 voltage does not exceed 250 volts line to line and 125 volts to ground.
371 (44) "Sensitive alarm system information" means:
372 (a) a pass code or other code used in the operation of an alarm system;
373 (b) information on the location of alarm system components at the premises of a
374 customer of the alarm business providing the alarm system;
375 (c) information that would allow the circumvention, bypass, deactivation, or other
376 compromise of an alarm system of a customer of the alarm business providing the alarm
377 system; and
378 (d) any other similar information that the division by rule determines to be information
379 that an individual employed by an alarm business should use or have access to only if the
380 individual is licensed as provided in this chapter.
381 (45) (a) "Specialty contractor" means a person licensed under this chapter under a
382 specialty contractor classification established by rule, who is qualified by education, training,
383 experience, and knowledge to perform those construction trades and crafts requiring
384 specialized skill, the regulation of which are determined by the division to be in the best
385 interest of the public health, safety, and welfare.
386 (b) A specialty contractor may perform work in crafts or trades other than those in
387 which the specialty contractor is licensed if they are incidental to the performance of the
388 specialty contractor's licensed craft or trade.
389 (46) "Unincorporated entity" means an entity that is not:
390 (a) an individual;
391 (b) a corporation; or
392 (c) publicly traded.
393 (47) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501
394 and 58-55-501.
395 (48) "Unprofessional conduct" means the same as that term is defined in Sections
396 58-1-501 and 58-55-502 and as may be further defined by rule.
397 (49) "Wages" means amounts due to an employee for labor or services whether the
398 amount is fixed or ascertained on a time, task, piece, commission, or other basis for calculating
399 the amount.
400 Section 5. Section 58-55-104 is enacted to read:
401 58-55-104. Electrician Education Fund.
402 (1) There is created an expendable special revenue fund known as the Electrician
403 Education Fund.
404 (2) The fund consists of money from a surcharge fee, established by the division in
405 accordance with Section 63J-1-504, placed on initial, renewal, and reinstatement licensure fees
406 for an apprentice electrician, journeyman electrician, master electrician, residential journeyman
407 electrician, and residential master electrician.
408 (3) The surcharge fee described in Subsection (2) may not be more than $5.
409 (4) The fund shall earn interest and all interest earned on fund money shall be
410 deposited into the fund.
411 (5) The director may, with the concurrence of the commission, make distributions from
412 the fund for the following purposes:
413 (a) education and training of licensees under this chapter who are practicing in the
414 electrical trade; and
415 (b) education and training of other licensees under this chapter or the public in matters
416 concerning electrical laws and practices.
417 (6) If the balance in the fund is more than $100,000 at the end of any fiscal year, the
418 excess amount shall be transferred to the General Fund.
419 (7) The division shall report annually to the Business, Economic Development, and
420 Labor Appropriations Subcommittee regarding the balance in the fund and how the fund is
421 being used.
422 Section 6. Section 58-55-105 is enacted to read:
423 58-55-105. Plumber Education Fund.
424 (1) There is created an expendable special revenue fund known as the Plumber
425 Education Fund.
426 (2) The fund consists of money from a surcharge fee, established by the division in
427 accordance with Section 63J-1-504, placed on initial, renewal, and reinstatement licensure fees
428 for apprentice plumbers, journeyman plumbers, master plumbers, residential journeyman
429 plumbers, and residential master plumbers.
430 (3) The surcharge fee described in Subsection (2) may not be more than $5.
431 (4) The fund shall earn interest and all interest earned on fund money shall be
432 deposited into the fund.
433 (5) The director may, with the concurrence of the commission, make distributions from
434 the fund for the following purposes:
435 (a) education and training of licensees under this chapter who are licensed in the
436 professions described in Subsection (2); and
437 (b) education and training of other licensees under this chapter or the public in matters
438 concerning plumbing laws and practices.
439 (6) If the balance in the fund is more than $100,000 at the end of any fiscal year, the
440 excess amount shall be transferred to the General Fund.
441 (7) The division shall report annually to the Business, Economic Development, and
442 Labor Appropriations Subcommittee regarding the balance in the fund and how the fund is
443 being used.
444 Section 7. Section 58-55-106 is enacted to read:
445 58-55-106. Surcharge fee.
446 (1) In addition to any other fees authorized by this chapter or by the division in
447 accordance with Section 63J-1-504, the division shall require each applicant for an initial
448 license, renewal of a license, or reinstatement of a license under this chapter to pay a $1
449 surcharge fee.
450 (2) The surcharge fee shall be used by the division to provide each licensee under this
451 chapter with access to an electronic reference library that provides web-based access to
452 national, state, and local building codes and standards.
453 Section 8. Section 58-55-201 is amended to read:
454 58-55-201. Boards created -- Duties.
455 (1) There is created a Plumbers Licensing Board, an Alarm System Security and
456 Licensing Board, and an Electricians Licensing Board. Members of the boards shall be
457 selected to provide representation as follows:
458 (a) The Plumbers Licensing Board consists of five members as follows:
459 (i) two members shall be licensed from among the license classifications of master or
460 journeyman plumber;
461 (ii) two members shall be licensed plumbing contractors; and
462 (iii) one member shall be from the public at large with no history of involvement in the
463 construction trades.
464 (b) (i) The Alarm System Security and Licensing Board consists of five members as
465 follows:
466 (A) three individuals who are officers or owners of a licensed alarm business;
467 (B) one individual from among nominees of the Utah Peace Officers Association; and
468 (C) one individual representing the general public.
469 (ii) The Alarm System Security and Licensing Board shall designate one of its
470 members on a permanent or rotating basis to:
471 (A) assist the division in reviewing complaints concerning the unlawful or
472 unprofessional conduct of a licensee; and
473 (B) advise the division in its investigation of these complaints.
474 (iii) A board member who has, under this Subsection (1)(b)(iii), reviewed a complaint
475 or advised in its investigation is disqualified from participating with the board when the board
476 serves as a presiding officer in an adjudicative proceeding concerning the complaint.
477 (c) The Electricians Licensing Board consists of five members as follows:
478 (i) two members shall be licensed from among the license classifications of master or
479 journeyman electrician, of whom one shall represent a union organization and one shall be
480 selected having no union affiliation;
481 (ii) two shall be licensed electrical contractors of whom one shall represent a union
482 organization and one shall be selected having no union affiliation; and
483 (iii) one member shall be from the public at large with no history of involvement in the
484 construction trades or union affiliation.
485 (2) The duties, functions, and responsibilities of each board include the following:
486 (a) recommending to the commission appropriate rules;
487 (b) recommending to the commission policy and budgetary matters;
488 (c) approving and establishing a passing score for applicant examinations;
489 (d) overseeing the screening of applicants for licensing, renewal, reinstatement, and
490 relicensure;
491 (e) assisting the commission in establishing standards of supervision for students or
492 persons in training to become qualified to obtain a license in the occupation or profession it
493 represents; and
494 (f) acting as presiding officer in conducting hearings associated with the adjudicative
495 proceedings and in issuing recommended orders when so authorized by the commission.
496 (3) The division in collaboration with the Plumbers Licensing Board and the
497 Electricians Licensing Board shall provide a preliminary report on or before October 1, 2019,
498 and a final written report on or before June 1, 2020, to the Business and Labor Interim
499 Committee and the Occupational and Professional Licensure Review Committee that provides
500 recommendations for consistent educational and training standards for plumber and electrician
501 apprentice programs in the state, including recommendations for education and training
502 provided by all providers, including institutions of higher education and technical colleges.
503 Section 9. Section 58-55-302 is amended to read:
504 58-55-302. Qualifications for licensure.
505 (1) Each applicant for a license under this chapter shall:
506 (a) submit an application prescribed by the division;
507 (b) pay a fee as determined by the department under Section 63J-1-504;
508 (c) [
509 the commission with the concurrence of the director, [
510
511
512 requirements include:
513 (i) for licensure as an apprentice electrician, apprentice plumber, or specialty
514 contractor, no division-administered examination is required;
515 (ii) for licensure as a general building contractor, general engineering contractor,
516 residential and small commercial contractor, general plumbing contractor, residential plumbing
517 contractor, general electrical contractor, or residential electrical contractor, the only required
518 division-administered examination is a division-administered examination that covers
519 information from the 25-hour course described in Subsection (1)(e)(iii), which course may
520 have been previously completed as part of applying for any other license under this chapter,
521 and, if the 25-hour course was completed on or after July 1, 2019, the five-hour business law
522 course described in Subsection (1)(e)(iv); and
523 [
524 required division-administered examination if the applicant is a business entity;
525 (d) if an apprentice, identify the proposed supervisor of the apprenticeship;
526 (e) if an applicant for a contractor's license:
527 (i) produce satisfactory evidence of financial responsibility, except for a construction
528 trades instructor for whom evidence of financial responsibility is not required;
529 (ii) produce satisfactory evidence of:
530 (A) except as provided in Subsection (2)(a), and except that no employment experience
531 is required for licensure as a specialty contractor, two years full-time paid employment
532 experience in the construction industry, which employment experience [
533
534 specifically described in this section, may be related to any contracting classification and does
535 not have to include supervisory experience; and
536 (B) knowledge of the principles of the conduct of business as a contractor, reasonably
537 necessary for the protection of the public health, safety, and welfare;
538 (iii) except as otherwise provided by rule by the commission with the concurrence of
539 the director, complete a 25-hour course established by rule by the commission with the
540 concurrence of the director, which is taught by an approved prelicensure course provider, and
541 which course may include:
542 (A) construction business practices;
543 (B) bookkeeping fundamentals;
544 (C) mechanics lien fundamentals;
545 (D) other aspects of business and construction principles considered important by the
546 commission with the concurrence of the director; and
547 (E) for no additional fee, [
548 25-hour course;
549 (iv) complete a five-hour business and law course established by rule by the
550 commission with the concurrence of the director, which is taught by an approved prelicensure
551 course provider, if an applicant for licensure as a general building contractor, general
552 engineering contractor, residential and small commercial contractor, general plumbing
553 contractor, residential plumbing contractor, general electrical contractor, or residential
554 electrical contractor, except that if the 25-hour course described in Subsection (1)(e)(iii) was
555 completed before July 1, 2019, the applicant does not need to take the business and law course;
556 [
557 contractor's license or a licensed master residential electrician if an applicant for a residential
558 electrical contractor's license;
559 (B) be a licensed master plumber if an applicant for a plumbing contractor's license or
560 a licensed master residential plumber if an applicant for a residential plumbing contractor's
561 license; or
562 (C) be a licensed elevator mechanic and produce satisfactory evidence of three years
563 experience as an elevator mechanic if an applicant for an elevator contractor's license; and
564 [
565 more individuals who hold an ownership interest in the applicant as of the day on which the
566 application is filed that includes for each individual:
567 (A) the individual's name, address, birth date, and social security number; and
568 (B) whether the individual will engage in a construction trade; and
569 (f) if an applicant for a construction trades instructor license, satisfy any additional
570 requirements established by rule.
571 (2) (a) If the applicant for a contractor's license described in Subsection (1) is a
572 building inspector, the applicant may satisfy Subsection (1)(e)(ii)(A) by producing satisfactory
573 evidence of two years full-time paid employment experience as a building inspector, which
574 shall include at least one year full-time experience as a licensed combination inspector.
575 (b) After approval of an applicant for a contractor's license by the applicable board and
576 the division, the applicant shall file the following with the division before the division issues
577 the license:
578 (i) proof of workers' compensation insurance which covers employees of the applicant
579 in accordance with applicable Utah law;
580 (ii) proof of public liability insurance in coverage amounts and form established by rule
581 except for a construction trades instructor for whom public liability insurance is not required;
582 and
583 (iii) proof of registration as required by applicable law with the:
584 (A) Department of Commerce;
585 (B) Division of Corporations and Commercial Code;
586 (C) Unemployment Insurance Division in the Department of Workforce Services, for
587 purposes of Title 35A, Chapter 4, Employment Security Act;
588 (D) State Tax Commission; and
589 (E) Internal Revenue Service.
590 (3) In addition to the general requirements for each applicant in Subsection (1),
591 applicants shall comply with the following requirements to be licensed in the following
592 classifications:
593 (a) (i) A master plumber shall produce satisfactory evidence that the applicant:
594 (A) has been a licensed journeyman plumber for at least two years and had two years of
595 supervisory experience as a licensed journeyman plumber in accordance with division rule;
596 (B) has received at least an associate of applied science degree or similar degree
597 following the completion of a course of study approved by the division and had one year of
598 supervisory experience as a licensed journeyman plumber in accordance with division rule; or
599 (C) meets the qualifications [
600
601 rules made by the commission, with the concurrence of the director, in accordance with Title
602 63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate the applicant
603 has the knowledge and skills to be a licensed master plumber.
604 (ii) An individual holding a valid Utah license as a journeyman plumber, based on at
605 least four years of practical experience as a licensed apprentice under the supervision of a
606 licensed journeyman plumber and four years as a licensed journeyman plumber, in effect
607 immediately prior to May 5, 2008, is on and after May 5, 2008, considered to hold a current
608 master plumber license under this chapter, and satisfies the requirements of this Subsection
609 (3)(a) for the purpose of renewal or reinstatement of that license under Section 58-55-303.
610 (iii) An individual holding a valid plumbing contractor's license or residential
611 plumbing contractor's license, in effect immediately prior to May 5, 2008, is on or after May 5,
612 2008:
613 (A) considered to hold a current master plumber license under this chapter if licensed
614 as a plumbing contractor and a journeyman plumber, and satisfies the requirements of this
615 Subsection (3)(a) for purposes of renewal or reinstatement of that license under Section
616 58-55-303; and
617 (B) considered to hold a current residential master plumber license under this chapter if
618 licensed as a residential plumbing contractor and a residential journeyman plumber, and
619 satisfies the requirements of this Subsection (3)(a) for purposes of renewal or reinstatement of
620 that license under Section 58-55-303.
621 (b) A master residential plumber applicant shall produce satisfactory evidence that the
622 applicant:
623 (i) has been a licensed residential journeyman plumber for at least two years and had
624 two years of supervisory experience as a licensed residential journeyman plumber in
625 accordance with division rule; or
626 (ii) [
627
628 established by rules made by the commission, with the concurrence of the director, in
629 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly
630 demonstrate the applicant has the knowledge and skills to be a licensed master residential
631 plumber.
632 (c) A journeyman plumber applicant shall produce satisfactory evidence of:
633 (i) successful completion of the equivalent of at least four years of full-time training
634 and instruction as a licensed apprentice plumber under supervision of a licensed master
635 plumber or journeyman plumber and in accordance with a planned program of training
636 approved by the division;
637 (ii) at least eight years of full-time experience approved by the division in collaboration
638 with the Plumbers Licensing Board; or
639 (iii) [
640
641 as established by rules made by the commission, with the concurrence of the director, in
642 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly
643 demonstrate the applicant has the knowledge and skills to be a licensed journeyman plumber.
644 (d) A residential journeyman plumber shall produce satisfactory evidence of:
645 (i) completion of the equivalent of at least three years of full-time training and
646 instruction as a licensed apprentice plumber under the supervision of a licensed residential
647 master plumber, licensed residential journeyman plumber, or licensed journeyman plumber in
648 accordance with a planned program of training approved by the division;
649 (ii) completion of at least six years of full-time experience in a maintenance or repair
650 trade involving substantial plumbing work; or
651 (iii) [
652
653 made by the commission, with the concurrence of the director, in accordance with Title 63G,
654 Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the
655 knowledge and skills to be a licensed residential journeyman plumber.
656 (e) The conduct of licensed apprentice plumbers and their licensed supervisors shall be
657 in accordance with the following:
658 (i) while engaging in the trade of plumbing, a licensed apprentice plumber shall be
659 under the immediate supervision of a licensed master plumber, licensed residential master
660 plumber, licensed journeyman plumber, or [
661 (ii) beginning in a licensed apprentice plumber's fourth year of training, a licensed
662 apprentice plumber [
663 for a period not to exceed eight hours in any 24-hour period[
664
665
666 (iii) rules made by the commission, with the concurrence of the director, in accordance
667 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the ratio of
668 apprentices allowed under the immediate supervision of a licensed supervisor, including the
669 ratio of apprentices in their fourth year of training or later that are allowed to be under the
670 immediate supervision of a licensed supervisor.
671 (f) A master electrician applicant shall produce satisfactory evidence that the applicant:
672 (i) is a graduate electrical engineer of an accredited college or university approved by
673 the division and has one year of practical electrical experience as a licensed apprentice
674 electrician;
675 (ii) is a graduate of an electrical trade school, having received an associate of applied
676 sciences degree following successful completion of a course of study approved by the division,
677 and has two years of practical experience as a licensed journeyman electrician;
678 (iii) has four years of practical experience as a journeyman electrician; or
679 (iv) [
680
681 made by the commission, with the concurrence of the director, in accordance with Title 63G,
682 Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the
683 knowledge and skills to be a licensed master electrician.
684 (g) A master residential electrician applicant shall produce satisfactory evidence that
685 the applicant:
686 (i) has at least two years of practical experience as a residential journeyman electrician;
687 or
688 (ii) [
689
690 the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
691 Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
692 and skills to be a master residential electrician.
693 (h) A journeyman electrician applicant shall produce satisfactory evidence that the
694 applicant:
695 (i) has successfully completed at least four years of full-time training and instruction as
696 a licensed apprentice electrician under the supervision of a master electrician or journeyman
697 electrician and in accordance with a planned training program approved by the division;
698 (ii) has at least eight years of full-time experience approved by the division in
699 collaboration with the Electricians Licensing Board; or
700 (iii) [
701
702 by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter
703 3, Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the
704 knowledge and skills to be a licensed journeyman electrician.
705 (i) A residential journeyman electrician applicant shall produce satisfactory evidence
706 that the applicant:
707 (i) has successfully completed two years of training in an electrical training program
708 approved by the division;
709 (ii) has four years of practical experience in wiring, installing, and repairing electrical
710 apparatus and equipment for light, heat, and power under the supervision of a licensed master,
711 journeyman, residential master, or residential journeyman electrician; or
712 (iii) [
713
714 established by rules made by the commission, with the concurrence of the director, in
715 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly
716 demonstrate the applicant has the knowledge and skills to be a licensed residential journeyman
717 electrician.
718 (j) The conduct of licensed apprentice electricians and their licensed supervisors shall
719 be in accordance with the following:
720 (i) A licensed apprentice electrician shall be under the immediate supervision of a
721 licensed master, journeyman, residential master, or residential journeyman electrician[
722
723 (ii) beginning in a licensed apprentice electrician's fourth year of training, a licensed
724 apprentice electrician may work without supervision for a period not to exceed eight hours in
725 any 24-hour period[
726 [
727
728
729 [
730
731 (iii) rules made by the commission, with the concurrence of the director, in accordance
732 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the ratio of
733 apprentices allowed under the immediate supervision of a licensed supervisor, including the
734 ratio of apprentices in their fourth year of training or later that are allowed to be under the
735 immediate supervision of a licensed supervisor; and
736 (iv) a licensed supervisor may have up to three licensed apprentice electricians on a
737 residential project, or more if established by rules made by the commission, in concurrence
738 with the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
739 Act.
740 (k) An alarm company applicant shall:
741 (i) have a qualifying agent who is an officer, director, partner, proprietor, or manager of
742 the applicant who:
743 (A) demonstrates 6,000 hours of experience in the alarm company business;
744 (B) demonstrates 2,000 hours of experience as a manager or administrator in the alarm
745 company business or in a construction business; and
746 (C) passes an examination component established by rule by the commission with the
747 concurrence of the director;
748 (ii) if a corporation, provide:
749 (A) the names, addresses, dates of birth, social security numbers, and fingerprint cards
750 of all corporate officers, directors, and those responsible management personnel employed
751 within the state or having direct responsibility for managing operations of the applicant within
752 the state; and
753 (B) the names, addresses, dates of birth, social security numbers, and fingerprint cards
754 of all shareholders owning 5% or more of the outstanding shares of the corporation, except this
755 shall not be required if the stock is publicly listed and traded;
756 (iii) if a limited liability company, provide:
757 (A) the names, addresses, dates of birth, social security numbers, and fingerprint cards
758 of all company officers, and those responsible management personnel employed within the
759 state or having direct responsibility for managing operations of the applicant within the state;
760 and
761 (B) the names, addresses, dates of birth, social security numbers, and fingerprint cards
762 of all individuals owning 5% or more of the equity of the company;
763 (iv) if a partnership, provide the names, addresses, dates of birth, social security
764 numbers, and fingerprint cards of all general partners, and those responsible management
765 personnel employed within the state or having direct responsibility for managing operations of
766 the applicant within the state;
767 (v) if a proprietorship, provide the names, addresses, dates of birth, social security
768 numbers, and fingerprint cards of the proprietor, and those responsible management personnel
769 employed within the state or having direct responsibility for managing operations of the
770 applicant within the state;
771 (vi) if a trust, provide the names, addresses, dates of birth, social security numbers, and
772 fingerprint cards of the trustee, and those responsible management personnel employed within
773 the state or having direct responsibility for managing operations of the applicant within the
774 state;
775 (vii) be of good moral character in that officers, directors, shareholders described in
776 Subsection (3)(k)(ii)(B), partners, proprietors, trustees, and responsible management personnel
777 have not been convicted of a felony, a misdemeanor involving moral turpitude, or any other
778 crime that when considered with the duties and responsibilities of an alarm company is
779 considered by the board to indicate that the best interests of the public are served by granting
780 the applicant a license;
781 (viii) document that none of the applicant's officers, directors, shareholders described
782 in Subsection (3)(k)(ii)(B), partners, proprietors, trustees, and responsible management
783 personnel have been declared by any court of competent jurisdiction incompetent by reason of
784 mental defect or disease and not been restored;
785 (ix) document that none of the applicant's officers, directors, shareholders described in
786 Subsection (3)(k)(ii)(B), partners, proprietors, and responsible management personnel are
787 currently suffering from habitual drunkenness or from drug addiction or dependence;
788 (x) file and maintain with the division evidence of:
789 (A) comprehensive general liability insurance in form and in amounts to be established
790 by rule by the commission with the concurrence of the director;
791 (B) workers' compensation insurance that covers employees of the applicant in
792 accordance with applicable Utah law; and
793 (C) registration as is required by applicable law with the:
794 (I) Division of Corporations and Commercial Code;
795 (II) Unemployment Insurance Division in the Department of Workforce Services, for
796 purposes of Title 35A, Chapter 4, Employment Security Act;
797 (III) State Tax Commission; and
798 (IV) Internal Revenue Service; and
799 (xi) meet with the division and board.
800 (l) Each applicant for licensure as an alarm company agent shall:
801 (i) submit an application in a form prescribed by the division accompanied by
802 fingerprint cards;
803 (ii) pay a fee determined by the department under Section 63J-1-504;
804 (iii) be of good moral character in that the applicant has not been convicted of a felony,
805 a misdemeanor involving moral turpitude, or any other crime that when considered with the
806 duties and responsibilities of an alarm company agent is considered by the board to indicate
807 that the best interests of the public are served by granting the applicant a license;
808 (iv) not have been declared by any court of competent jurisdiction incompetent by
809 reason of mental defect or disease and not been restored;
810 (v) not be currently suffering from habitual drunkenness or from drug addiction or
811 dependence; and
812 (vi) meet with the division and board if requested by the division or the board.
813 (m) (i) Each applicant for licensure as an elevator mechanic shall:
814 (A) provide documentation of experience and education credits of not less than three
815 years work experience in the elevator industry, in construction, maintenance, or service and
816 repair; and
817 (B) satisfactorily complete a written examination administered by the division
818 established by rule under Section 58-1-203; or
819 (C) provide certificates of completion of an apprenticeship program for elevator
820 mechanics, having standards substantially equal to those of this chapter and registered with the
821 United States Department of Labor Bureau Apprenticeship and Training or a state
822 apprenticeship council.
823 (ii) (A) If an elevator contractor licensed under this chapter cannot find a licensed
824 elevator mechanic to perform the work of erecting, constructing, installing, altering, servicing,
825 repairing, or maintaining an elevator, the contractor may:
826 (I) notify the division of the unavailability of licensed personnel; and
827 (II) request the division issue a temporary elevator mechanic license to an individual
828 certified by the contractor as having an acceptable combination of documented experience and
829 education to perform the work described in this Subsection (3)(m)(ii)(A).
830 (B) (I) The division may issue a temporary elevator mechanic license to an individual
831 certified under Subsection (3)(m)(ii)(A)(II) upon application by the individual, accompanied by
832 the appropriate fee as determined by the department under Section 63J-1-504.
833 (II) The division shall specify the time period for which the license is valid and may
834 renew the license for an additional time period upon its determination that a shortage of
835 licensed elevator mechanics continues to exist.
836 (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
837 division may make rules establishing when Federal Bureau of Investigation records shall be
838 checked for applicants as an alarm company or alarm company agent.
839 (5) To determine if an applicant meets the qualifications of Subsections (3)(k)(vii) and
840 (3)(l)(iii), the division shall provide an appropriate number of copies of fingerprint cards to the
841 Department of Public Safety with the division's request to:
842 (a) conduct a search of records of the Department of Public Safety for criminal history
843 information relating to each applicant for licensure as an alarm company or alarm company
844 agent and each applicant's officers, directors, shareholders described in Subsection
845 (3)(k)(ii)(B), partners, proprietors, and responsible management personnel; and
846 (b) forward to the Federal Bureau of Investigation a fingerprint card of each applicant
847 requiring a check of records of the Federal Bureau of Investigation for criminal history
848 information under this section.
849 (6) The Department of Public Safety shall send to the division:
850 (a) a written record of criminal history, or certification of no criminal history record, as
851 contained in the records of the Department of Public Safety in a timely manner after receipt of
852 a fingerprint card from the division and a request for review of Department of Public Safety
853 records; and
854 (b) the results of the Federal Bureau of Investigation review concerning an applicant in
855 a timely manner after receipt of information from the Federal Bureau of Investigation.
856 (7) (a) The division shall charge each applicant for licensure as an alarm company or
857 alarm company agent a fee, in accordance with Section 63J-1-504, equal to the cost of
858 performing the records reviews under this section.
859 (b) The division shall pay the Department of Public Safety the costs of all records
860 reviews, and the Department of Public Safety shall pay the Federal Bureau of Investigation the
861 costs of records reviews under this section.
862 (8) Information obtained by the division from the reviews of criminal history records of
863 the Department of Public Safety and the Federal Bureau of Investigation shall be used or
864 disseminated by the division only for the purpose of determining if an applicant for licensure as
865 an alarm company or alarm company agent is qualified for licensure.
866 (9) (a) An application for licensure under this chapter shall be denied if:
867 (i) the applicant has had a previous license, which was issued under this chapter,
868 suspended or revoked within two years before the date of the applicant's application;
869 (ii) (A) the applicant is a partnership, corporation, or limited liability company; and
870 (B) any corporate officer, director, shareholder holding 25% or more of the stock in the
871 applicant, partner, member, agent acting as a qualifier, or any person occupying a similar
872 status, performing similar functions, or directly or indirectly controlling the applicant has
873 served in any similar capacity with any person or entity which has had a previous license,
874 which was issued under this chapter, suspended or revoked within two years before the date of
875 the applicant's application;
876 (iii) (A) the applicant is an individual or sole proprietorship; and
877 (B) any owner or agent acting as a qualifier has served in any capacity listed in
878 Subsection (9)(a)(ii)(B) in any entity which has had a previous license, which was issued under
879 this chapter, suspended or revoked within two years before the date of the applicant's
880 application; or
881 (iv) (A) the applicant includes an individual who was an owner, director, or officer of
882 an unincorporated entity at the time the entity's license under this chapter was revoked; and
883 (B) the application for licensure is filed within 60 months after the revocation of the
884 unincorporated entity's license.
885 (b) An application for licensure under this chapter shall be reviewed by the appropriate
886 licensing board prior to approval if:
887 (i) the applicant has had a previous license, which was issued under this chapter,
888 suspended or revoked more than two years before the date of the applicant's application;
889 (ii) (A) the applicant is a partnership, corporation, or limited liability company; and
890 (B) any corporate officer, director, shareholder holding 25% or more of the stock in the
891 applicant, partner, member, agent acting as a qualifier, or any person occupying a similar
892 status, performing similar functions, or directly or indirectly controlling the applicant has
893 served in any similar capacity with any person or entity which has had a previous license,
894 which was issued under this chapter, suspended or revoked more than two years before the date
895 of the applicant's application; or
896 (iii) (A) the applicant is an individual or sole proprietorship; and
897 (B) any owner or agent acting as a qualifier has served in any capacity listed in
898 Subsection (9)(b)(ii)(B) in any entity which has had a previous license, which was issued under
899 this chapter, suspended or revoked more than two years before the date of the applicant's
900 application.
901 (10) (a) (i) A licensee that is an unincorporated entity shall file an ownership status
902 report with the division every 30 days after the day on which the license is issued if the licensee
903 has more than five owners who are individuals who:
904 (A) own an interest in the contractor that is an unincorporated entity;
905 (B) own, directly or indirectly, less than an 8% interest, as defined by rule made by the
906 division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in the
907 unincorporated entity; and
908 (C) engage, or will engage, in a construction trade in the state as owners of the
909 contractor described in Subsection (10)(a)(i)(A).
910 (ii) If the licensee has five or fewer owners described in Subsection (10)(a)(i), the
911 licensee shall provide the ownership status report with an application for renewal of licensure.
912 (b) An ownership status report required under this Subsection (10) shall:
913 (i) specify each addition or deletion of an owner:
914 (A) for the first ownership status report, after the day on which the unincorporated
915 entity is licensed under this chapter; and
916 (B) for a subsequent ownership status report, after the day on which the previous
917 ownership status report is filed;
918 (ii) be in a format prescribed by the division that includes for each owner, regardless of
919 the owner's percentage ownership in the unincorporated entity, the information described in
920 Subsection(1)(e)[
921 (iii) list the name of:
922 (A) each officer or manager of the unincorporated entity; and
923 (B) each other individual involved in the operation, supervision, or management of the
924 unincorporated entity; and
925 (iv) be accompanied by a fee set by the division in accordance with Section 63J-1-504
926 if the ownership status report indicates there is a change described in Subsection (10)(b)(i).
927 (c) The division may, at any time, audit an ownership status report under this
928 Subsection (10):
929 (i) to determine if financial responsibility has been demonstrated or maintained as
930 required under Section 58-55-306; and
931 (ii) to determine compliance with Subsection 58-55-501(24), (25), or (27) or
932 Subsection 58-55-502(8) or (9).
933 (11) (a) An unincorporated entity that provides labor to an entity licensed under this
934 chapter by providing an individual who owns an interest in the unincorporated entity to engage
935 in a construction trade in Utah shall file with the division:
936 (i) before the individual who owns an interest in the unincorporated entity engages in a
937 construction trade in Utah, a current list of the one or more individuals who hold an ownership
938 interest in the unincorporated entity that includes for each individual:
939 (A) the individual's name, address, birth date, and social security number; and
940 (B) whether the individual will engage in a construction trade; and
941 (ii) every 30 days after the day on which the unincorporated entity provides the list
942 described in Subsection (11)(a)(i), an ownership status report containing the information that
943 would be required under Subsection (10) if the unincorporated entity were a licensed
944 contractor.
945 (b) When filing an ownership list described in Subsection (11)(a)(i) or an ownership
946 status report described in Subsection (11)(a)(ii), an unincorporated entity shall pay a fee set by
947 the division in accordance with Section 63J-1-504.
948 (12) This chapter may not be interpreted to create or support an express or implied
949 independent contractor relationship between an unincorporated entity described in Subsection
950 (10) or (11) and the owners of the unincorporated entity for any purpose, including income tax
951 withholding.
952 (13) A social security number provided under Subsection (1)(e)[
953 record under Subsection 63G-2-302(1)(i).
954 Section 10. Section 58-55-302.5 is amended to read:
955 58-55-302.5. Continuing education requirements for contractor licensees --
956 Continuing education courses.
957 (1) (a) Each contractor licensee under a license issued under this chapter shall complete
958 six hours of approved continuing education during each two-year renewal cycle established by
959 rule under Subsection 58-55-303(1).
960 (b) Each contractor licensee who has a renewal cycle that ends on or after January 1,
961 2020, shall complete one hour of approved continuing education on energy conservation as part
962 of the six required hours.
963 (2) (a) The commission shall, with the concurrence of the division, establish by rule a
964 program of approved continuing education for contractor licensees.
965 (b) Except as provided in Subsection (2)(e), beginning on or after June 1, 2015, only
966 courses offered by any of the following may be included in the program of approved continuing
967 education for contractor licensees:
968 (i) the Associated General Contractors of Utah;
969 (ii) Associated Builders and Contractors, Utah Chapter;
970 (iii) the Home Builders Association of Utah;
971 (iv) the National Electrical Contractors Association Intermountain Chapter;
972 (v) the Utah Plumbing & Heating Contractors Association;
973 (vi) the Independent Electrical Contractors of Utah;
974 (vii) the Rocky Mountain Gas Association;
975 (viii) the Utah Mechanical Contractors Association;
976 (ix) the Sheet Metal Contractors Association;
977 (x) the Intermountain Electrical Association;
978 (xi) the Builders Bid Service of Utah; or
979 (xii) Utah Roofing Contractors Association.
980 (c) An approved continuing education program for a contractor licensee may include a
981 course approved by an entity described in Subsections (2)(b)(i) through (2)(b)(iii).
982 (d) (i) Except as provided in Subsections (2)(d)(ii) and (iii), an entity listed in
983 Subsections (2)(b)(iv) through (2)(b)(xii) may only offer and market continuing education
984 courses to a licensee who is a member of the entity.
985 (ii) An entity described in Subsection (2)(b)(iv), (vi), or (x) may offer and market a
986 continuing education course that the entity offers to satisfy the continuing education
987 requirement described in Subsection 58-55-302.7(2)(a) to a contractor in the electrical trade.
988 (iii) An entity described in Subsection (2)(b)(v) or (viii) may offer and market a
989 continuing education course that the entity offers to satisfy the continuing education
990 requirement described in Subsection 58-55-302.7(2)(b) to a contractor in the plumbing trade.
991 (e) On or after June 1, 2015, an approved continuing education program for a
992 contractor licensee may include a course offered and taught by:
993 (i) a state executive branch agency;
994 (ii) the workers' compensation insurance carrier that provides workers' compensation
995 insurance under Section 31A-22-1001; or
996 (iii) a nationally or regionally accredited college or university that has a physical
997 campus in the state.
998 (f) On or after June 1, 2017, for a contractor licensee that is licensed in the specialty
999 contractor classification of HVAC contractor, at least three of the six hours described in
1000 Subsection (1) shall include continuing education directly related to the installation, repair, or
1001 replacement of a heating, ventilation, or air conditioning system.
1002 (3) The division may contract with a person to establish and maintain a continuing
1003 education registry to include:
1004 (a) a list of courses that the division has approved for inclusion in the program of
1005 approved continuing education; and
1006 (b) a list of courses that:
1007 (i) a contractor licensee has completed under the program of approved continuing
1008 education; and
1009 (ii) the licensee may access to monitor the licensee's compliance with the continuing
1010 education requirement established under Subsection (1).
1011 (4) The division may charge a fee, as established by the division under Section
1012 63J-1-504, to administer the requirements of this section.
1013 Section 11. Section 58-55-305 is amended to read:
1014 58-55-305. Exemptions from licensure.
1015 (1) In addition to the exemptions from licensure in Section 58-1-307, the following
1016 persons may engage in acts or practices included within the practice of construction trades,
1017 subject to the stated circumstances and limitations, without being licensed under this chapter:
1018 (a) an authorized representative of the United States government or an authorized
1019 employee of the state or any of its political subdivisions when working on construction work of
1020 the state or the subdivision, and when acting within the terms of the person's trust, office, or
1021 employment;
1022 (b) a person engaged in construction or operation incidental to the construction and
1023 repair of irrigation and drainage ditches of regularly constituted irrigation districts, reclamation
1024 districts, and drainage districts or construction and repair relating to farming, dairying,
1025 agriculture, livestock or poultry raising, metal and coal mining, quarries, sand and gravel
1026 excavations, well drilling, as defined in Section 73-3-25, hauling to and from construction
1027 sites, and lumbering;
1028 (c) public utilities operating under the rules of the Public Service Commission on work
1029 incidental to their own business;
1030 (d) sole owners of property engaged in building:
1031 (i) no more than one residential structure per year and no more than three residential
1032 structures per five years on their property for their own noncommercial, nonpublic use; except,
1033 a person other than the property owner or individuals described in Subsection (1)(e), who
1034 engages in building the structure must be licensed under this chapter if the person is otherwise
1035 required to be licensed under this chapter; or
1036 (ii) structures on their property for their own noncommercial, nonpublic use which are
1037 incidental to a residential structure on the property, including sheds, carports, or detached
1038 garages;
1039 (e) (i) a person engaged in construction or renovation of a residential building for
1040 noncommercial, nonpublic use if that person:
1041 (A) works without compensation other than token compensation that is not considered
1042 salary or wages; and
1043 (B) works under the direction of the property owner who engages in building the
1044 structure; and
1045 (ii) as used in this Subsection (1)(e), "token compensation" means compensation paid
1046 by a sole owner of property exempted from licensure under Subsection (1)(d) to a person
1047 exempted from licensure under this Subsection (1)(e), that is:
1048 (A) minimal in value when compared with the fair market value of the services
1049 provided by the person;
1050 (B) not related to the fair market value of the services provided by the person; and
1051 (C) is incidental to the providing of services by the person including paying for or
1052 providing meals or refreshment while services are being provided, or paying reasonable
1053 transportation costs incurred by the person in travel to the site of construction;
1054 (f) a person engaged in the sale or merchandising of personal property that by its design
1055 or manufacture may be attached, installed, or otherwise affixed to real property who has
1056 contracted with a person, firm, or corporation licensed under this chapter to install, affix, or
1057 attach that property;
1058 (g) a contractor submitting a bid on a federal aid highway project, if, before
1059 undertaking construction under that bid, the contractor is licensed under this chapter;
1060 (h) (i) subject to Subsection 58-1-401(2) and Sections 58-55-501 and 58-55-502, a
1061 person engaged in the alteration, repair, remodeling, or addition to or improvement of a
1062 building with a contracted or agreed value of less than $3,000, including both labor and
1063 materials, and including all changes or additions to the contracted or agreed upon work; and
1064 (ii) notwithstanding Subsection (1)(h)(i) and except as otherwise provided in this
1065 section:
1066 (A) work in the plumbing and electrical trades on a Subsection (1)(h)(i) project within
1067 any six month period of time:
1068 (I) must be performed by a licensed electrical or plumbing contractor, if the project
1069 involves an electrical or plumbing system; and
1070 (II) may be performed by a licensed journeyman electrician or plumber or an individual
1071 referred to in Subsection (1)(h)(ii)(A)(I), if the project involves a component of the system
1072 such as a faucet, toilet, fixture, device, outlet, or electrical switch;
1073 (B) installation, repair, or replacement of a residential or commercial gas appliance or a
1074 combustion system on a Subsection (1)(h)(i) project must be performed by a person who has
1075 received certification under Subsection 58-55-308(2) except as otherwise provided in
1076 Subsection 58-55-308(2)(d) or 58-55-308(3);
1077 (C) installation, repair, or replacement of water-based fire protection systems on a
1078 Subsection (1)(h)(i) project must be performed by a licensed fire suppression systems
1079 contractor or a licensed journeyman plumber;
1080 (D) work as an alarm business or company or as an alarm company agent shall be
1081 performed by a licensed alarm business or company or a licensed alarm company agent, except
1082 as otherwise provided in this chapter;
1083 (E) installation, repair, or replacement of an alarm system on a Subsection (1)(h)(i)
1084 project must be performed by a licensed alarm business or company or a licensed alarm
1085 company agent;
1086 (F) installation, repair, or replacement of a heating, ventilation, or air conditioning
1087 system (HVAC) on a Subsection (1)(h)(i) project must be performed by an HVAC contractor
1088 licensed by the division;
1089 (G) installation, repair, or replacement of a radon mitigation system or a soil
1090 depressurization system must be performed by a licensed contractor; and
1091 (H) if the total value of the project is greater than $1,000, the person shall file with the
1092 division a one-time affirmation, subject to periodic reaffirmation as established by division
1093 rule, that the person has:
1094 (I) public liability insurance in coverage amounts and form established by division
1095 rule; and
1096 (II) if applicable, workers compensation insurance which would cover an employee of
1097 the person if that employee worked on the construction project;
1098 (i) a person practicing a specialty contractor classification or construction trade which
1099 the director does not classify by administrative rule as significantly impacting the public's
1100 health, safety, and welfare;
1101 (j) owners and lessees of property and persons regularly employed for wages by owners
1102 or lessees of property or their agents for the purpose of maintaining the property, are exempt
1103 from this chapter when doing work upon the property;
1104 (k) (i) a person engaged in minor plumbing work that is incidental, as defined by the
1105 division by rule, to the replacement or repair of a fixture or an appliance in a residential or
1106 small commercial building, or structure used for agricultural use, as defined in Section
1107 15A-1-202, provided that no modification is made to:
1108 (A) existing culinary water, soil, waste, or vent piping; or
1109 (B) a gas appliance or combustion system; and
1110 (ii) except as provided in Subsection (1)(e), installation for the first time of a fixture or
1111 an appliance is not included in the exemption provided under Subsection (1)(k)(i);
1112 (l) a person who ordinarily would be subject to the plumber licensure requirements
1113 under this chapter when installing or repairing a water conditioner or other water treatment
1114 apparatus if the conditioner or apparatus:
1115 (i) meets the appropriate state construction codes or local plumbing standards; and
1116 (ii) is installed or repaired under the direction of a person authorized to do the work
1117 under an appropriate specialty contractor license;
1118 (m) a person who ordinarily would be subject to the electrician licensure requirements
1119 under this chapter when employed by:
1120 (i) railroad corporations, telephone corporations or their corporate affiliates, elevator
1121 contractors or constructors, or street railway systems; or
1122 (ii) public service corporations, rural electrification associations, or municipal utilities
1123 who generate, distribute, or sell electrical energy for light, heat, or power;
1124 (n) a person involved in minor electrical work incidental to a mechanical or service
1125 installation, including the outdoor installation of an above-ground, prebuilt hot tub;
1126 (o) a person who ordinarily would be subject to the electrician licensure requirements
1127 under this chapter but who during calendar years 2009, 2010, or 2011 was issued a specialty
1128 contractor license for the electrical work associated with the installation, repair, or maintenance
1129 of solar energy panels, may continue the limited electrical work for solar energy panels under a
1130 specialty contractor license;
1131 (p) a student participating in construction trade education and training programs
1132 approved by the commission with the concurrence of the director under the condition that:
1133 (i) all work intended as a part of a finished product on which there would normally be
1134 an inspection by a building inspector is, in fact, inspected and found acceptable by a licensed
1135 building inspector; and
1136 (ii) a licensed contractor obtains the necessary building permits;
1137 (q) a delivery person when replacing any of the following existing equipment with a
1138 new gas appliance, provided there is an existing gas shutoff valve at the appliance:
1139 (i) gas range;
1140 (ii) gas dryer;
1141 (iii) outdoor gas barbeque; or
1142 (iv) outdoor gas patio heater;
1143 (r) a person performing maintenance on an elevator as defined in Subsection
1144 58-55-102[
1145 and
1146 (s) an apprentice or helper of an elevator mechanic licensed under this chapter when
1147 working under the general direction of the licensed elevator mechanic.
1148 (2) A compliance agency as defined in Section 15A-1-202 that issues a building permit
1149 to a person requesting a permit as a sole owner of property referred to in Subsection (1)(d) shall
1150 notify the division, in writing or through electronic transmission, of the issuance of the permit.
1151 Section 12. Section 58-56-3.5 is enacted to read:
1152 58-56-3.5. Surcharge fee.
1153 (1) In addition to any other fees authorized by this chapter or by the division in
1154 accordance with Section 63J-1-504, the division shall require each applicant for an initial
1155 license, renewal of a license, or reinstatement of a license under this chapter to pay a $1
1156 surcharge fee.
1157 (2) The surcharge fee shall be used by the division to provide each licensee under this
1158 chapter with access to an electronic reference library that provides web-based access to
1159 national, state, and local building codes and standards.
1160 Section 13. Section 63J-1-602.1 is amended to read:
1161 63J-1-602.1. List of nonlapsing appropriations from accounts and funds.
1162 Appropriations made from the following accounts or funds are nonlapsing:
1163 (1) The Utah Intracurricular Student Organization Support for Agricultural Education
1164 and Leadership Restricted Account created in Section 4-42-102.
1165 (2) The Native American Repatriation Restricted Account created in Section 9-9-407.
1166 (3) The Martin Luther King, Jr. Civil Rights Support Restricted Account created in
1167 Section 9-18-102.
1168 (4) The National Professional Men's Soccer Team Support of Building Communities
1169 Restricted Account created in Section 9-19-102.
1170 (5) Funds collected for directing and administering the C-PACE district created in
1171 Section 11-42a-302.
1172 (6) Award money under the State Asset Forfeiture Grant Program, as provided under
1173 Section 24-4-117.
1174 (7) Funds collected from the program fund for local health department expenses
1175 incurred in responding to a local health emergency under Section 26-1-38.
1176 (8) Funds collected from the emergency medical services grant program, as provided in
1177 Section 26-8a-207.
1178 (9) The Prostate Cancer Support Restricted Account created in Section 26-21a-303.
1179 (10) The Children with Cancer Support Restricted Account created in Section
1180 26-21a-304.
1181 (11) State funds for matching federal funds in the Children's Health Insurance Program
1182 as provided in Section 26-40-108.
1183 (12) The Children with Heart Disease Support Restricted Account created in Section
1184 26-58-102.
1185 (13) The Nurse Home Visiting Restricted Account created in Section 26-62-601.
1186 (14) The Technology Development Restricted Account created in Section 31A-3-104.
1187 (15) The Criminal Background Check Restricted Account created in Section
1188 31A-3-105.
1189 (16) The Captive Insurance Restricted Account created in Section 31A-3-304, except
1190 to the extent that Section 31A-3-304 makes the money received under that section free revenue.
1191 (17) The Title Licensee Enforcement Restricted Account created in Section
1192 31A-23a-415.
1193 (18) The Health Insurance Actuarial Review Restricted Account created in Section
1194 31A-30-115.
1195 (19) The Insurance Fraud Investigation Restricted Account created in Section
1196 31A-31-108.
1197 (20) The Underage Drinking Prevention Media and Education Campaign Restricted
1198 Account created in Section 32B-2-306.
1199 (21) The School Readiness Restricted Account created in Section 35A-3-210.
1200 (22) The Youth Development Organization Restricted Account created in Section
1201 35A-8-1903.
1202 (23) The Youth Character Organization Restricted Account created in Section
1203 35A-8-2003.
1204 (24) Money received by the Utah State Office of Rehabilitation for the sale of certain
1205 products or services, as provided in Section 35A-13-202.
1206 (25) The Oil and Gas Conservation Account created in Section 40-6-14.5.
1207 (26) The Electronic Payment Fee Restricted Account created by Section 41-1a-121 to
1208 the Motor Vehicle Division.
1209 (27) The Motor Vehicle Enforcement Division Temporary Permit Restricted Account
1210 created by Section 41-3-110 to the State Tax Commission.
1211 (28) The Utah Law Enforcement Memorial Support Restricted Account created in
1212 Section 53-1-120.
1213 (29) The State Disaster Recovery Restricted Account to the Division of Emergency
1214 Management, as provided in Section 53-2a-603.
1215 (30) The Department of Public Safety Restricted Account to the Department of Public
1216 Safety, as provided in Section 53-3-106.
1217 (31) The Utah Highway Patrol Aero Bureau Restricted Account created in Section
1218 53-8-303.
1219 (32) The DNA Specimen Restricted Account created in Section 53-10-407.
1220 (33) The Canine Body Armor Restricted Account created in Section 53-16-201.
1221 (34) A certain portion of money collected for administrative costs under the School
1222 Institutional Trust Lands Management Act, as provided under Section 53C-3-202.
1223 (35) The Public Utility Regulatory Restricted Account created in Section 54-5-1.5,
1224 subject to Subsection 54-5-1.5(4)(d).
1225 (36) Funds collected from a surcharge fee to provide certain licensees with access to an
1226 electronic reference library, as provided in Section 58-3a-105.
1227 [
1228 Licensing for violation of unlawful or unprofessional conduct that are used for education and
1229 enforcement purposes, as provided in Section 58-17b-505.
1230 (38) Funds collected from a surcharge fee to provide certain licensees with access to an
1231 electronic reference library, as provided in Section 58-22-104.
1232 (39) Funds collected from a surcharge fee to provide certain licensees with access to an
1233 electronic reference library, as provided in Section 58-55-106.
1234 (40) Funds collected from a surcharge fee to provide certain licensees with access to an
1235 electronic reference library, as provided in Section 58-56-3.5.
1236 [
1237 Licensing for use in education and enforcement of the Security Personnel Licensing Act, as
1238 provided in Section 58-63-103.
1239 [
1240 [
1241 [
1242 background check for a mortgage loan license, as provided in Section 61-2c-202.
1243 [
1244 background check for principal broker, associate broker, and sales agent licenses, as provided
1245 in Section 61-2f-204.
1246 [
1247 Section 62A-1-111.
1248 [
1249 Children Issues Restricted Account created in Section 62A-1-202.
1250 [
1251 provided in Section 62A-4a-110.
1252 [
1253 62A-4a-608.
1254 [
1255 provided in Section 63G-3-402.
1256 [
1257 [
1258 provided in Section 63H-1-504.
1259 [
1260 63H-7a-303.
1261 [
1262 63H-7a-304.
1263 [
1264 63H-7a-403.
1265 [
1266 Section 63J-4-703.
1267 [
1268 [
1269 Commission, as provided under Section 63N-10-301.
1270 [
1271 inmates, as provided in Subsection 64-13e-104(2).
1272 [
1273 Fire, and State Lands, as provided in Section 65A-8-103.
1274 [
1275 fines or bonds, as provided in Section 73-3-25.
1276 [
1277 Section 73-23-2.
1278 [
1279 Subsection 78A-6-203(1)(c).
1280 [
1281 [
1282 78B-6-141, 78B-6-144, and 78B-6-144.5.
1283 [
1284 State Park, Jordan River State Park, and Green River State Park, as provided under Section
1285 79-4-403.
1286 [
1287 sale or disposal of buffalo, as provided under Section 79-4-1001.
1288 [
1289 Part 8, Utah Indigent Defense Commission.