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7 LONG TITLE
8 General Description:
9 This bill creates licensing exemptions for commercial related construction projects.
10 Highlighted Provisions:
11 This bill:
12 ▸ creates a licensing exemption under certain circumstances for:
13 • building structures on a commercial property; and
14 • remodeling or renovating a commercial building; 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 58-55-305, as last amended by Laws of Utah 2019, Chapters 136 and 215
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 58-55-305 is amended to read:
26 58-55-305. Exemptions from licensure.
27 (1) In addition to the exemptions from licensure in Section 58-1-307, the following
28 persons may engage in acts or practices included within the practice of construction trades,
29 subject to the stated circumstances and limitations, without being licensed under this chapter:
30 (a) an authorized representative of the United States government or an authorized
31 employee of the state or any of its political subdivisions when working on construction work of
32 the state or the subdivision, and when acting within the terms of the person's trust, office, or
33 employment;
34 (b) a person engaged in construction or operation incidental to the construction and
35 repair of irrigation and drainage ditches of regularly constituted irrigation districts, reclamation
36 districts, and drainage districts or construction and repair relating to farming, dairying,
37 agriculture, livestock or poultry raising, metal and coal mining, quarries, sand and gravel
38 excavations, well drilling, as defined in Section 73-3-25, hauling to and from construction
39 sites, and lumbering;
40 (c) a public [
41 Commission on work incidental to [
42 (d) a sole [
43 (i) building no more than one residential structure per year and no more than three
44 residential structures per five years on [
45 property owner's own noncommercial, nonpublic use; except, a person other than the property
46 owner or [
47 the structure must be licensed under this chapter if the person is otherwise required to be
48 licensed under this chapter; [
49 (ii) building structures, including sheds, carports, or detached garages:
50 (A) on [
51 (B) for [
52 (C) [
53
54 (iii) building structures, including sheds, carports, or detached garages:
55 (A) on the property owner's commercial property;
56 (B) for the property owner's own noncommercial, nonpublic use;
57 (C) that are incidental to a commercial structure on the property; and
58 (D) when the total value of the building project is $50,000 or less; or
59 (iv) remodeling or renovating an existing commercial structure on the property owner's
60 property when the total value of the remodeling or renovation project is $50,000 or less;
61 (e) (i) a person engaged in construction or renovation of a residential building for
62 noncommercial, nonpublic use if that person:
63 (A) works without compensation other than token compensation that is not considered
64 salary or wages; and
65 (B) works under the direction of the property owner who engages in building the
66 structure; and
67 (ii) as used in this Subsection (1)(e), "token compensation" means compensation paid
68 by a sole owner of property exempted from licensure under Subsection (1)(d) to a person
69 exempted from licensure under this Subsection (1)(e), that is:
70 (A) minimal in value when compared with the fair market value of the services
71 provided by the person;
72 (B) not related to the fair market value of the services provided by the person; and
73 (C) is incidental to the providing of services by the person including paying for or
74 providing meals or refreshment while services are being provided, or paying reasonable
75 transportation costs incurred by the person in travel to the site of construction;
76 (f) a person engaged in the sale or merchandising of personal property that by [
77 property's design or manufacture may be attached, installed, or otherwise affixed to real
78 property who has contracted with a person, firm, or corporation licensed under this chapter to
79 install, affix, or attach that property;
80 (g) a contractor submitting a bid on a federal aid highway project, if, before
81 undertaking construction under that bid, the contractor is licensed under this chapter;
82 (h) (i) subject to Subsection 58-1-401(2) and Sections 58-55-501 and 58-55-502, a
83 person engaged in the alteration, repair, remodeling, or addition to or improvement of a
84 building with a contracted or agreed value of less than $3,000, including both labor and
85 materials, and including all changes or additions to the contracted or agreed upon work; and
86 (ii) notwithstanding Subsection (1)(h)(i) and except as otherwise provided in this
87 section:
88 (A) work in the plumbing and electrical trades on a Subsection (1)(h)(i) project within
89 any six month period of time:
90 (I) must be performed by a licensed electrical or plumbing contractor, if the project
91 involves an electrical or plumbing system; and
92 (II) may be performed by a licensed journeyman electrician or plumber or an individual
93 referred to in Subsection (1)(h)(ii)(A)(I), if the project involves a component of the system
94 such as a faucet, toilet, fixture, device, outlet, or electrical switch;
95 (B) installation, repair, or replacement of a residential or commercial gas appliance or a
96 combustion system on a Subsection (1)(h)(i) project must be performed by a person who has
97 received certification under Subsection 58-55-308(2) except as otherwise provided in
98 Subsection 58-55-308(2)(d) or 58-55-308(3);
99 (C) installation, repair, or replacement of water-based fire protection systems on a
100 Subsection (1)(h)(i) project must be performed by a licensed fire suppression systems
101 contractor or a licensed journeyman plumber;
102 (D) work as an alarm business or company or as an alarm company agent shall be
103 performed by a licensed alarm business or company or a licensed alarm company agent, except
104 as otherwise provided in this chapter;
105 (E) installation, repair, or replacement of an alarm system on a Subsection (1)(h)(i)
106 project must be performed by a licensed alarm business or company or a licensed alarm
107 company agent;
108 (F) installation, repair, or replacement of a heating, ventilation, or air conditioning
109 system (HVAC) on a Subsection (1)(h)(i) project must be performed by an HVAC contractor
110 licensed by the division;
111 (G) installation, repair, or replacement of a radon mitigation system or a soil
112 depressurization system must be performed by a licensed contractor; and
113 (H) if the total value of the project is greater than $1,000, the person shall file with the
114 division a one-time affirmation, subject to periodic reaffirmation as established by division
115 rule, that the person has:
116 (I) public liability insurance in coverage amounts and form established by division
117 rule; and
118 (II) if applicable, workers compensation insurance which would cover an employee of
119 the person if that employee worked on the construction project;
120 (i) a person practicing a specialty contractor classification or construction trade which
121 the director does not classify by administrative rule as significantly impacting the public's
122 health, safety, and welfare;
123 (j) owners and lessees of property and persons regularly employed for wages by owners
124 or lessees of property or their agents for the purpose of maintaining the property, are exempt
125 from this chapter when doing work upon the property;
126 (k) (i) a person engaged in minor plumbing work that is incidental, as defined by the
127 division by rule, to the replacement or repair of a fixture or an appliance in a residential or
128 small commercial building, or structure used for agricultural use, as defined in Section
129 15A-1-202, provided that no modification is made to:
130 (A) existing culinary water, soil, waste, or vent piping; or
131 (B) a gas appliance or combustion system; and
132 (ii) except as provided in Subsection (1)(e), installation for the first time of a fixture or
133 an appliance is not included in the exemption provided under Subsection (1)(k)(i);
134 (l) a person who ordinarily would be subject to the plumber licensure requirements
135 under this chapter when installing or repairing a water conditioner or other water treatment
136 apparatus if the conditioner or apparatus:
137 (i) meets the appropriate state construction codes or local plumbing standards; and
138 (ii) is installed or repaired under the direction of a person authorized to do the work
139 under an appropriate specialty contractor license;
140 (m) a person who ordinarily would be subject to the electrician licensure requirements
141 under this chapter when employed by:
142 (i) railroad corporations, telephone corporations or their corporate affiliates, elevator
143 contractors or constructors, or street railway systems; or
144 (ii) public service corporations, rural electrification associations, or municipal utilities
145 who generate, distribute, or sell electrical energy for light, heat, or power;
146 (n) a person involved in minor electrical work incidental to a mechanical or service
147 installation, including the outdoor installation of an above-ground, prebuilt hot tub;
148 (o) a person who ordinarily would be subject to the electrician licensure requirements
149 under this chapter but who during calendar years 2009, 2010, or 2011 was issued a specialty
150 contractor license for the electrical work associated with the installation, repair, or maintenance
151 of solar energy panels, may continue the limited electrical work for solar energy panels under a
152 specialty contractor license;
153 (p) a student participating in construction trade education and training programs
154 approved by the commission with the concurrence of the director under the condition that:
155 (i) all work intended as a part of a finished product on which there would normally be
156 an inspection by a building inspector is, in fact, inspected and found acceptable by a licensed
157 building inspector; and
158 (ii) a licensed contractor obtains the necessary building permits;
159 (q) a delivery person when replacing any of the following existing equipment with a
160 new gas appliance, provided there is an existing gas shutoff valve at the appliance:
161 (i) gas range;
162 (ii) gas dryer;
163 (iii) outdoor gas barbeque; or
164 (iv) outdoor gas patio heater;
165 (r) a person performing maintenance on an elevator as defined in Section 58-55-102, if
166 the maintenance is not related to the operating integrity of the elevator; and
167 (s) an apprentice or helper of an elevator mechanic licensed under this chapter when
168 working under the general direction of the licensed elevator mechanic.
169 (2) A compliance agency as defined in Section 15A-1-202 that issues a building permit
170 to a person requesting a permit as a sole owner of property referred to in Subsection (1)(d) shall
171 notify the division, in writing or through electronic transmission, of the issuance of the permit.