Representative Mike Schultz proposes the following substitute bill:




Chief Sponsor: Karen Mayne

House Sponsor: Mike Schultz


8     General Description:
9          This bill modifies provisions of the Utah Construction Trades Licensing Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     creates a certification for fire sprinkler fitting granted by the Division of
13     Occupational and Professional Licensing;
14          ▸     describes the requirements to receive a certification in fire sprinkler fitting; and
15          ▸     makes technical changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          58-55-308, as last amended by Laws of Utah 2008, Chapter 382

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 58-55-308 is amended to read:

26          58-55-308. Scope of practice -- Installation, repair, maintenance, cleaning, or
27     replacement of gas appliance or combustion system -- Rules.
28          (1) (a) The commission, with the concurrence of the director, may adopt reasonable
29     rules pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to define and
30     limit the scope of practice and operating standards of the classifications and subclassifications
31     licensed under this chapter in a manner consistent with established practice in the relevant
32     industry.
33          (b) The commission and the director may limit the field and scope of operations of a
34     licensee under this chapter in accordance with the rules and the public health, safety, and
35     welfare, based on the licensee's education, training, experience, knowledge, and financial
36     responsibility.
37          (2) (a) The work and scope of practice covered by this Subsection (2) and Subsection
38     (3) is the installation, repair, maintenance, cleaning, or replacement of a residential or
39     commercial gas appliance or combustion system.
40          (b) The provisions of this Subsection (2) apply to any:
41          (i) licensee under this chapter whose license authorizes the licensee to perform the
42     work described in Subsection (2)(a); and
43          (ii) person exempt from licensure under Subsection 58-55-305(1)(h).
44          (c) Any person described in Subsection (2)(b) that performs work described in
45     Subsection (2)(a):
46          (i) must first receive training and certification as specified in rules adopted by [the
47     division] the commission, with the concurrence of the director, in accordance with Title 63G,
48     Chapter 3, Utah Administrative Rulemaking Act; and
49          (ii) shall ensure that any employee authorized under other provisions of this chapter to
50     perform work described in Subsection (2)(a) has first received training and certification as
51     specified in rules adopted by the division.
52          (d) The division may exempt from the training requirements adopted under Subsection
53     (2)(c) a person that has adequate experience, as determined by the division.
54          (3) The division may exempt the following individuals from the certification
55     requirements adopted under Subsection (2)(c):
56          (a) a person who has passed a test equivalent to the level of testing required by the

57     division for certification, or has completed an apprenticeship program that teaches the
58     installation of gas line appliances and is approved by the Federal Bureau of Apprenticeship
59     Training; and
60          (b) a person working under the immediate one-to-one supervision of a certified natural
61     gas technician or a person exempt from certification.
62          (4) (a) The work and scope of practice covered by this Subsection (4) is the
63     installation, repair, maintenance, or replacement of an automatic fire sprinkler system.
64          (b) The provisions of this Subsection (4) apply to an individual acting as a qualifier for
65     a business entity in accordance with Section 58-55-304, where the business entity seeks to
66     perform the work described in Subsection (4)(a).
67          (c) Before a business entity described in Subsection (4)(b) may perform the work
68     described in Subsection (4)(a), the qualifier for the business entity shall:
69          (i) be a licensed general building contractor; or
70          (ii) obtain a certification in fire sprinkler fitting from the division by providing
71     evidence to the division that the qualifier has met the following requirements:
72          (A) completing a Department of Labor federally approved apprentice training program
73     or completing two-years experience under the immediate supervision of a licensee who has
74     obtained a certification in fire sprinkler fitting; and
75          (B) passing the Star fire sprinkle fitting mastery examination offered by the National
76     Inspection Testing and Certification Corporation or an equivalent examination approved by the
77     division.
78          (d) The division may also issue a certification in fire sprinkler fitting to a qualifier for a
79     business entity who has received training and experience equivalent to the requirements of
80     Subsection (4)(c), as specified in rules adopted by the commission, with the concurrence of the
81     director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
82          [(4)] (5) This section does not prohibit a licensed specialty contractor from accepting
83     and entering into a contract involving the use of two or more crafts or trades if the performance
84     of the work in the crafts or trades, other than that in which the contractor is licensed, is
85     incidental and supplemental to the work for which the contractor is licensed.