Utah Electrical Licensing Law
Utah Code · 16 sections
The following is the full text of Utah’s electrical licensing law statutes as published in the Utah Code. For the official version, see the Utah Legislature.
Utah Code 58-22-102
In addition to the definitions in Section 58-1-102, as used in this chapter:
(1) "Board" means the Professional Engineers and Professional Land Surveyors Licensing Board created in Section 58-22-201.
(2) "Building" means a structure which has human occupancy or habitation as its principal purpose, and includes the structural, mechanical, and electrical systems, utility services, and other facilities required for the building, and is otherwise governed by the State Construction Code or an approved code under Title 15A, State Construction and Fire Codes Act.
(3) "Complete construction plans" means a final set of plans, specifications, and reports for a building or structure that normally includes:
(a) floor plans;
(b) elevations;
(c) site plans;
(d) foundation, structural, and framing detail;
(e) electrical, mechanical, and plumbing design;
(f) information required by the energy code;
(g) specifications and related calculations as appropriate; and
(h) all other documents required to obtain a building permit.
(4) "EAC/ABET" means the Engineering Accreditation Commission/Accreditation Board for Engineering and Technology.
(5) "Fund" means the Professional Engineer, Professional Structural Engineer, and Professional Land Surveyor Education and Enforcement Fund created in Section 58-22-103.
(6) "NCEES" means the National Council of Examiners for Engineering and Surveying.
(7) "Principal" means a licensed professional engineer, professional structural engineer, or professional land surveyor having responsible charge of an organization's professional engineering, professional structural engineering, or professional land surveying practice.
(8) "Professional engineer" means a person licensed under this chapter as a professional engineer.
(9)
(a) "Professional engineering," "the practice of engineering," or "the practice of professional engineering" means a service or creative work, the adequate performance of which requires engineering education, training, and experience in the application of special knowledge of the mathematical, physical, and engineering sciences to the service or creative work as consultation, investigation, evaluation, planning, design, and design coordination of engineering works and systems, planning the use of land and water, facility programming, performing engineering surveys and studies, and the review of construction for the purpose of monitoring compliance with drawings and specifications; any of which embraces these services or work, either public or private, in connection with any utilities, structures, buildings, machines, equipment, processes, work systems, projects, and industrial or consumer products or equipment of a mechanical, electrical, hydraulic, pneumatic, or thermal nature, and including other professional services as may be necessary to the planning, progress, and completion of any engineering services.
(b) "The practice of professional engineering" does not include the practice of architecture as defined in Section 58-3a-102, but a licensed professional engineer may perform architecture work as is incidental to the practice of engineering.
(10) "Professional engineering intern" means a person who:
(a) has completed the education requirements to become a professional engineer;
(b) has passed the fundamentals of engineering examination; and
(c) is engaged in obtaining the four years of qualifying experience for licensure under the supervision of a licensed professional engineer.
(11) "Professional land surveying" or "the practice of land surveying" means a service or work, the adequate performance of which requires the application of special knowledge of the principles of mathematics, the related physical and applied sciences, and the relevant requirements of law for adequate evidence to the act of measuring and locating lines, angles, elevations, natural and man-made features in the air, on the surface of the earth, within underground workings, and on the beds of bodies of water for the purpose of determining areas and volumes, for the monumenting or locating of property boundaries or points controlling boundaries, and for the platting and layout of lands and subdivisions of lands, including the topography, alignment and grades of streets, and for the preparation and perpetuation of maps, record plats, field notes records, and property descriptions that represent these surveys and other duties as sound surveying practices could direct.
(12) "Professional land surveyor" means an individual licensed under this chapter as a professional land surveyor.
(13) "Professional structural engineer" means a person licensed under this chapter as a professional structural engineer.
(14)
(a) "Professional structural engineering" or "the practice of structural engineering" means a service or creative work providing structural engineering services for significant structures, including:
(i) buildings and other structures representing a substantial hazard to human life, which include:
(A) buildings and other structures whose primary occupancy is public assembly with an occupant load greater than 300;
(B) buildings and other structures with elementary school, secondary school, or day care facilities with an occupant load greater than 250;
(C) buildings and other structures with an occupant load greater than 500 for colleges or adult education facilities;
(D) health care facilities with an occupant load of 50 or more resident patients, but not having surgery or emergency treatment facilities;
(E) jails and detention facilities with a gross area greater than 3,000 square feet; and
(F) buildings and other structures with an occupant load greater than 5,000;
(ii) buildings and other structures designated as essential facilities, including:
(A) hospitals and other health care facilities having surgery or emergency treatment facilities with a gross area greater than 3,000 square feet;
(B) fire, rescue, and police stations and emergency vehicle garages with a mean height greater than 24 feet or a gross area greater than 5,000 square feet;
(C) designated earthquake, hurricane, or other emergency shelters with a gross area greater than 3,000 square feet;
(D) designated emergency preparedness, communication, and operation centers and other buildings required for emergency response with a mean height more than 24 feet or a gross area greater than 5,000 square feet;
(E) power-generating stations and other public utility facilities required as emergency backup facilities with a gross area greater than 3,000 square feet;
(F) structures with a mean height more than 24 feet or a gross area greater than 5,000 square feet containing highly toxic materials as defined by the division by rule, where the quantity of the material exceeds the maximum allowable quantities set by the division by rule; and
(G) aviation control towers, air traffic control centers, and emergency aircraft hangars at commercial service and cargo air services airports as defined by the Federal Aviation Administration with a mean height greater than 35 feet or a gross area greater than 20,000 square feet; and
(iii) buildings and other structures requiring special consideration, including:
(A) structures or buildings that are normally occupied by human beings and are five stories or more in height;
(B) structures or buildings that are normally occupied by human beings and have an average roof height more than 60 feet above the average ground level measured at the perimeter of the structure; and
(C) buildings that are over 200,000 aggregate gross square feet in area.
(b) "Professional structural engineering" or "the practice of structural engineering":
(i) includes the definition of professional engineering or the practice of professional engineering as provided in Subsection (9); and
(ii) may be further defined by rules made by the division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(15) "Structure" means that which is built or constructed, an edifice or building of any kind, or a piece of work artificially built up or composed of parts joined together in a definite manner, and as otherwise governed by the State Construction Code or an approved code under Title 15A, State Construction and Fire Codes Act.
(16) "Supervision" means that a licensed professional engineer, professional structural engineer, or professional land surveyor is responsible for and personally reviews, corrects when necessary, and approves work performed by an employee, subordinate, associate, or drafter under the direction of the licensee, and may be further defined by rule by the division in collaboration with the board.
(17) "TAC/ABET" means the Technology Accreditation Commission/Accreditation Board for Engineering and Technology.
(18) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501 and 58-22-501.
(19) "Unprofessional conduct" means the same as that term is defined in Sections 58-1-501 and 58-22-502.5 .
Utah Code 58-55-102
In addition to the definitions in Section 58-1-102, as used in this chapter:
(1)
(a) "Alarm business" or "alarm company" means a person engaged in the sale, installation, maintenance, alteration, repair, replacement, servicing, or monitoring of an alarm system, except as provided in Subsection (1)(b).
(b) "Alarm business" or "alarm company" does not include:
(i) a person engaged in the manufacture or sale of alarm systems unless:
(A) that person is also engaged in the installation, maintenance, alteration, repair, replacement, servicing, or monitoring of alarm systems;
(B) the manufacture or sale occurs at a location other than a place of business established by the person engaged in the manufacture or sale; or
(C) the manufacture or sale involves site visits at the place or intended place of installation of an alarm system; or
(ii) an owner of an alarm system, or an employee of the owner of an alarm system who is engaged in installation, maintenance, alteration, repair, replacement, servicing, or monitoring of the alarm system owned by that owner.
(2) "Alarm company agent":
(a) except as provided in Subsection (2)(b), means any individual employed within this state by an alarm business; and
(b) does not include an individual who:
(i) is not engaged in the sale, installation, maintenance, alteration, repair, replacement, servicing, or monitoring of an alarm system; and
(ii) does not, during the normal course of the individual's employment with an alarm business, use or have access to sensitive alarm system information.
(3) "Alarm company officer" means:
(a) a governing person, as defined in Section 48-3a-102, of an alarm company;
(b) an individual appointed as an officer of an alarm company that is a corporation in accordance with Section 16-10a-830;
(c) a general partner, as defined in Section 48-2e-102, of an alarm company; or
(d) a partner, as defined in Section 48-1d-102, of an alarm company.
(4) "Alarm company owner" means:
(a) a shareholder, as defined in Section 16-10a-102, who owns directly, or indirectly through an entity controlled by the individual, 5% or more of the outstanding shares of an alarm company that:
(i) is a corporation; and
(ii) is not publicly listed or traded; or
(b) an individual who owns directly, or indirectly through an entity controlled by the individual, 5% or more of the equity of an alarm company that is not a corporation.
(5) "Alarm company proprietor" means the sole proprietor of an alarm company that is registered as a sole proprietorship with the Division of Corporations and Commercial Code.
(6) "Alarm company trustee" means an individual with control of or power of administration over property held in trust.
(7)
(a) "Alarm system" means equipment and devices assembled for the purpose of:
(i) detecting and signaling unauthorized intrusion or entry into or onto certain premises; or
(ii) signaling a robbery or attempted robbery on protected premises.
(b) "Alarm system" includes a battery-charged suspended-wire system or fence that is part of and interfaces with an alarm system for the purposes of detecting and deterring unauthorized intrusion or entry into or onto certain premises.
(8) "Apprentice electrician" means a person licensed under this chapter as an apprentice electrician who is learning the electrical trade under the immediate supervision of a master electrician, residential master electrician, a journeyman electrician, or a residential journeyman electrician.
(9) "Apprentice plumber" means a person licensed under this chapter as an apprentice plumber who is learning the plumbing trade under the immediate supervision of a master plumber, residential master plumber, journeyman plumber, or a residential journeyman plumber.
(10) "Approved continuing education" means instruction provided through courses under a program established under Subsection 58-55-302.5(2).
(11)
(a) "Approved prelicensure course provider" means a provider that is the Associated General Contractors of Utah, the Utah Chapter of the Associated Builders and Contractors, or the Utah Home Builders Association, and that meets the requirements established by rule by the commission with the concurrence of the director, to teach the 25-hour course described in Subsection 58-55-302(1)(e)(iii).
(b) "Approved prelicensure course provider" may only include a provider that, in addition to any other locations, offers the 25-hour course described in Subsection 58-55-302(1)(e)(iii) at least six times each year in one or more counties other than Salt Lake County, Utah County, Davis County, or Weber County.
(12) "Board" means the Alarm System Security and Licensing Board or Electricians and Plumbers Licensing Board created in Section 58-55-201.
(13) "Combustion system" means an assembly consisting of:
(a) piping and components with a means for conveying, either continuously or intermittently, natural gas from the outlet of the natural gas provider's meter to the burner of the appliance;
(b) the electric control and combustion air supply and venting systems, including air ducts; and
(c) components intended to achieve control of quantity, flow, and pressure.
(14) "Commission" means the Construction Services Commission created under Section 58-55-103.
(15) "Construction trade" means any trade or occupation involving:
(a)
(i) construction, alteration, remodeling, repairing, wrecking or demolition, addition to, or improvement of any building, highway, road, railroad, dam, bridge, structure, excavation or other project, development, or improvement to other than personal property; and
(ii) constructing, remodeling, or repairing a manufactured home or mobile home as defined in Section 15A-1-302; or
(b) installation or repair of a residential or commercial natural gas appliance or combustion system.
(16) "Construction trades instructor" means a person licensed under this chapter to teach one or more construction trades in both a classroom and project environment, where a project is intended for sale to or use by the public and is completed under the direction of the instructor, who has no economic interest in the project.
(17)
(a) "Contractor" means any person who for compensation other than wages as an employee undertakes any work in the construction, plumbing, or electrical trade for which licensure is required under this chapter and includes:
(i) a person who builds any structure on the person's own property for the purpose of sale or who builds any structure intended for public use on the person's own property;
(ii) any person who represents that the person is a contractor, or will perform a service described in this Subsection (17) by advertising on a website or social media, or any other means;
(iii) any person engaged as a maintenance person, other than an employee, who regularly engages in activities set forth under the definition of "construction trade";
(iv) any person engaged in, or offering to engage in, any construction trade for which licensure is required under this chapter; or
(v) a construction manager, construction consultant, construction assistant, or any other person who, for a fee:
(A) performs or offers to perform construction consulting;
(B) performs or offers to perform management of construction subcontractors;
(C) provides or offers to provide a list of subcontractors or suppliers; or
(D) provides or offers to provide management or counseling services on a construction project.
(b) "Contractor" does not include:
(i) an alarm company or alarm company agent; or
(ii) a material supplier who provides consulting to customers regarding the design and installation of the material supplier's products.
(18)
(a) "Electrical trade" means the performance of any electrical work involved in the installation, construction, alteration, change, repair, removal, or maintenance of facilities, buildings, or appendages or appurtenances.
(b) "Electrical trade" does not include:
(i) transporting or handling electrical materials;
(ii) preparing clearance for raceways for wiring;
(iii) work commonly done by unskilled labor on any installations under the exclusive control of electrical utilities;
(iv) work involving cable-type wiring that does not pose a shock or fire-initiation hazard;
(v) work involving class two or class three power-limited circuits as defined in the National Electrical Code; or
(vi) minor electrical work incidental to a mechanical or service installation when wiring is extended to no more than 10 feet from an existing outlet or disconnect and does not exceed 120 volts and 20 amperes.
(19) "Elevator" means the same as that term is defined in Section 34A-7-202, except that for purposes of this chapter it does not mean a stair chair, a vertical platform lift, or an incline platform lift.
(20) "Elevator contractor" means a sole proprietor, firm, or corporation licensed under this chapter that is engaged in the business of erecting, constructing, installing, altering, servicing, repairing, or maintaining an elevator.
(21) "Elevator mechanic" means an individual who is licensed under this chapter as an elevator mechanic and who is engaged in erecting, constructing, installing, altering, servicing, repairing, or maintaining an elevator under the immediate supervision of an elevator contractor.
(22) "Employee" means an individual as defined by the division by rule giving consideration to the definition adopted by the Internal Revenue Service and the Department of Workforce Services.
(23) "Engage in a construction trade" means to:
(a) engage in, represent oneself to be engaged in, or advertise oneself as being engaged in a construction trade; or
(b) use the name "contractor" or "builder" or in any other way lead a reasonable person to believe one is or will act as a contractor.
(24)
(a) "Financial responsibility" means a demonstration of a current and expected future condition of financial solvency evidencing a reasonable expectation to the division and the board that an applicant or licensee can successfully engage in business as a contractor without jeopardy to the public health, safety, and welfare.
(b) Financial responsibility may be determined by an evaluation of the total history concerning the licensee or applicant including past, present, and expected condition and record of financial solvency and business conduct.
(25) "Gas appliance" means any device that uses natural gas to produce light, heat, power, steam, hot water, refrigeration, or air conditioning.
(26)
(a) "General building contractor" means a person licensed under this chapter as a general building contractor qualified by education, training, experience, and knowledge to perform or superintend construction of structures for the support, shelter, and enclosure of persons, animals, chattels, or movable property of any kind or any of the components of that construction except plumbing, electrical work, mechanical work, work related to the operating integrity of an elevator, and manufactured housing installation, for which the general building contractor shall employ the services of a contractor licensed in the particular specialty, except that a general building contractor engaged in the construction of single-family and multifamily residences up to four units may perform the mechanical work and hire a licensed plumber or electrician as an employee.
(b) The division may by rule exclude general building contractors from engaging in the performance of other construction specialties in which there is represented a substantial risk to the public health, safety, and welfare, and for which a license is required unless that general building contractor holds a valid license in that specialty classification.
(27) "General electrical contractor" means a person licensed under this chapter as a general electrical contractor qualified by education, training, experience, and knowledge to perform the fabrication, construction, and installation of generators, transformers, conduits, raceways, panels, switch gear, electrical wires, fixtures, appliances, apparatus that uses electrical energy, or any other work the division authorizes by rule in accordance with Subsection 58-55-301(4).
(28)
(a) "General engineering contractor" means a person licensed under this chapter as a general engineering contractor qualified by education, training, experience, and knowledge to perform or superintend construction of fixed works, or components of fixed works requiring specialized engineering knowledge and skill in:
(i) airports;
(ii) airport runways;
(iii) bridges;
(iv) chemical plants;
(v) drainage;
(vi) electrical utilities;
(vii) flood control;
(viii) foundations;
(ix) harbors;
(x) highways;
(xi) industrial plants;
(xii) inland waterways;
(xiii) irrigation systems;
(xiv) piers;
(xv) pipelines;
(xvi) power plants;
(xvii) railroads;
(xviii) refineries;
(xix) sewers;
(xx) tunnels;
(xxi) underground electric utility conduits;
(xxii) utility plants;
(xxiii) water power; or
(xxiv) water supply.
(b) A general engineering contractor may not perform or superintend:
(i) construction of a structure built primarily for the support, shelter, and enclosure of persons, animals, and chattels;
(ii) plumbing work;
(iii) electrical work beyond underground electric utility conduit or electrical utilities;
(iv) mechanical work; or
(v) work where the general engineering contractor does not have the required specialized engineering knowledge and skill.
(29) "General plumbing contractor" means a person licensed under this chapter as a general plumbing contractor qualified by education, training, experience, and knowledge to perform the fabrication or installation of material and fixtures to create and maintain sanitary conditions in a building by providing permanent means for a supply of safe and pure water, a means for the timely and complete removal from the premises of all used or contaminated water, fluid and semi-fluid organic wastes and other impurities incidental to life and the occupation of such premises, a safe and adequate supply of gases for lighting, heating, and industrial purposes, or other work the division authorizes by rule in accordance with Subsection 58-55-301(4).
(30) "HVAC" means a heating, ventilation, and air conditioning system and the specific components that are a part of the system, including the gas line.
(31) "HVAC contractor" means a person licensed under this chapter specialized in the installation, maintenance, repair, and servicing of heating, ventilation, air conditioning systems or any other work the division authorizes by rule in accordance with Subsection 58-55-301(4).
(32) "Immediate supervision" means reasonable direction, oversight, inspection, and evaluation of the work of a person:
(a) as the division specifies in rule;
(b) by, as applicable, a qualified electrician or plumber;
(c) as part of a planned program of training; and
(d) to ensure that the end result complies with applicable standards.
(33) "Individual" means a natural person.
(34) "Journeyman lineman" means a person that builds and maintains an electrical power system, performs work on transmission lines or distribution lines from power plants to customers, and has completed an approved 7,000 hour certified apprenticeship program.
(35) "Journeyman electrician" means a person licensed under this chapter as a journeyman electrician having the qualifications, training, experience, and knowledge to wire, install, and repair electrical apparatus and equipment for light, heat, power, and other purposes.
(36) "Journeyman plumber" means a person licensed under this chapter as a journeyman plumber having the qualifications, training, experience, and technical knowledge to engage in the plumbing trade.
(37) "Master electrician" means a person licensed under this chapter as a master electrician having the qualifications, training, experience, and knowledge to properly plan, layout, and supervise the wiring, installation, and repair of electrical apparatus and equipment for light, heat, power, and other purposes.
(38) "Master plumber" means a person licensed under this chapter as a master plumber having the qualifications, training, experience, and knowledge to properly plan and layout projects and supervise persons in the plumbing trade.
(39) "Person" means a natural person, sole proprietorship, joint venture, corporation, limited liability company, association, or organization of any type.
(40)
(a) "Plumbing trade" means the performance of any mechanical work pertaining to the installation, alteration, change, repair, removal, maintenance, or use in buildings, or within three feet beyond the outside walls of buildings, of pipes, fixtures, and fittings for the:
(i) delivery of the water supply;
(ii) discharge of liquid and water carried waste;
(iii) building drainage system within the walls of the building; and
(iv) delivery of gases for lighting, heating, and industrial purposes.
(b) "Plumbing trade" includes work pertaining to the water supply, distribution pipes, fixtures and fixture traps, soil, waste and vent pipes, the building drain and roof drains, and the safe and adequate supply of gases, together with their devices, appurtenances, and connections where installed within the outside walls of the building.
(41) "Ratio of apprentices" means the number of licensed plumber apprentices or licensed electrician apprentices that are allowed to be under the immediate supervision of a licensed supervisor as established by the provisions of this chapter and by rules made by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(42) "Residential and small commercial contractor" means a person licensed under this chapter as a residential and small commercial contractor qualified by education, training, experience, and knowledge to perform or superintend the construction of single-family residences, multifamily residences up to four units, and commercial construction of not more than three stories above ground and not more than 20,000 square feet, or any of the components of that construction except plumbing, electrical work, mechanical work, and manufactured housing installation, for which the residential and small commercial contractor shall employ the services of a contractor licensed in the particular specialty, except that a residential and small commercial contractor engaged in the construction of single-family and multifamily residences up to four units may perform the mechanical work and hire a licensed plumber or electrician as an employee.
(43) "Residential building," as it relates to the license classification of residential journeyman plumber and residential master plumber, means a single or multiple family dwelling of up to four units.
(44) "Residential electrical contractor" means a person licensed under this chapter as a residential electrical contractor qualified by education, training, experience, and knowledge to perform the fabrication, construction, and installation of services, disconnecting means, grounding devices, panels, conductors, load centers, lighting and plug circuits, appliances, and fixtures in a residential unit or any other work the division authorizes by rule in accordance with Subsection 58-55-301(4).
(45) "Residential journeyman electrician" means a person licensed under this chapter as a residential journeyman electrician having the qualifications, training, experience, and knowledge to wire, install, and repair electrical apparatus and equipment for light, heat, power, and other purposes on buildings using primarily nonmetallic sheath cable.
(46) "Residential journeyman plumber" means a person licensed under this chapter as a residential journeyman plumber having the qualifications, training, experience, and knowledge to engage in the plumbing trade as limited to the plumbing of residential buildings.
(47) "Residential master electrician" means a person licensed under this chapter as a residential master electrician having the qualifications, training, experience, and knowledge to properly plan, layout, and supervise the wiring, installation, and repair of electrical apparatus and equipment for light, heat, power, and other purposes on residential projects.
(48) "Residential master plumber" means a person licensed under this chapter as a residential master plumber having the qualifications, training, experience, and knowledge to properly plan and layout projects and supervise persons in the plumbing trade as limited to the plumbing of residential buildings.
(49) "Residential plumbing contractor" means a person licensed under this chapter as a residential plumbing contractor qualified by education, training, experience, and knowledge to perform the fabrication or installation of material and fixtures to create and maintain sanitary conditions in residential buildings by providing permanent means for a supply of safe and pure water, a means for the timely and complete removal from the premises of all used or contaminated water, fluid and semi-fluid organic wastes and other impurities incidental to life and the occupation of such premises, a safe and adequate supply of gases for lighting, heating, and residential purposes, or any other work the division authorizes by rule in accordance with Subsection 58-55-301(4).
(50) "Residential project," as it relates to an electrician or electrical contractor, means buildings primarily wired with nonmetallic sheathed cable, in accordance with standard rules and regulations governing this work, including the National Electrical Code, and in which the voltage does not exceed 250 volts line to line and 125 volts to ground.
(51) "Responsible management personnel" means:
(a) a qualifying agent;
(b) an operations manager; or
(c) a site manager.
(52) "Sensitive alarm system information" means:
(a) a pass code or other code used in the operation of an alarm system;
(b) information on the location of alarm system components at the premises of a customer of the alarm business providing the alarm system;
(c) information that would allow the circumvention, bypass, deactivation, or other compromise of an alarm system of a customer of the alarm business providing the alarm system; and
(d) any other similar information that the division by rule determines to be information that an individual employed by an alarm business should use or have access to only if the individual is licensed as provided in this chapter.
(53)
(a) "Specialty contractor" means a person licensed under this chapter under a specialty contractor classification established by rule, who is qualified by education, training, experience, and knowledge to perform those construction trades and crafts requiring specialized skill, the regulation of which are determined by the division to be in the best interest of the public health, safety, and welfare.
(b) A specialty contractor may perform work in crafts or trades other than those in which the specialty contractor is licensed if they are incidental to the performance of the specialty contractor's licensed craft or trade.
(54) "Unincorporated entity" means an entity that is not:
(a) an individual;
(b) a corporation; or
(c) publicly traded.
(55) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501 and 58-55-501.
(56) "Unprofessional conduct" means the same as that term is defined in Sections 58-1-501 and 58-55-502 and as may be further defined by rule.
(57) "Wages" means amounts due to an employee for labor or services whether the amount is fixed or ascertained on a time, task, piece, commission, or other basis for calculating the amount.
Utah Code 58-55-103
(1)
(a) There is created within the division the Construction Services Commission.
(b) The commission shall:
(i) with the concurrence of the director, make reasonable rules under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to administer and enforce this chapter which are consistent with this chapter including:
(A) licensing of various licensees;
(B) examination requirements and administration of the examinations, to include approving and establishing a passing score for applicant examinations;
(C) standards of supervision for students or persons in training to become qualified to obtain a license in the trade they represent; and
(D) standards of conduct for various licensees;
(ii) approve or disapprove fees adopted by the division under Section 63J-1-504;
(iii) except where the boards conduct them, conduct all administrative hearings not delegated to an administrative law judge relating to the licensing of any applicant;
(iv) except as otherwise provided in Sections 38-11-207 and 58-55-503, with the concurrence of the director, impose sanctions against licensees and certificate holders with the same authority as the division under Section 58-1-401;
(v) advise the director on the administration and enforcement of any matters affecting the division and the construction industry;
(vi) advise the director on matters affecting the division budget;
(vii) advise and assist trade associations in conducting construction trade seminars and industry education and promotion; and
(viii) perform other duties as provided by this chapter.
(2)
(a) The terms of office of the commission members who are serving on the Contractors Licensing Board shall continue as they serve on the commission.
(b) The commission shall be comprised of the following members appointed by the executive director with the approval of the governor from the following groups:
(i) one member shall be a licensed general engineering contractor;
(ii) one member shall be a licensed general building contractor;
(iii) two members shall be licensed residential and small commercial contractors;
(iv) one member shall be a licensed plumber and a member of the Electricians and Plumbers Licensing Board;
(v) one member shall be a licensed electrician and a member of the Electricians and Plumbers Licensing Board;
(vi) one member shall be the chair person of the Alarm System Security and Licensing Board; and
(vii) two members shall be from the general public.
(3)
(a) Except as required by Subsection (3)(b), as terms of current commission members expire, the executive director with the approval of the governor shall appoint each new member or reappointed member to a four-year term ending June 30.
(b) Notwithstanding the requirements of Subsection (3)(a), the executive director with the approval of the governor shall, at the time of appointment or reappointment, adjust the length of terms to stagger the terms of commission members so that approximately 1/2 of the commission members are appointed every two years.
(c) A commission member may not serve more than two consecutive terms.
(4) The commission shall elect annually one of its members as chair, for a term of one year.
(5) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
(6) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(7)
(a) The commission shall meet at least monthly unless the director determines otherwise.
(b) The director may call additional meetings at the director's discretion, upon the request of the chair, or upon the written request of four or more commission members.
(8)
(a) Five members constitute a quorum for the transaction of business.
(b) If a quorum is present when a vote is taken, the affirmative vote of commission members present is the act of the commission.
(9) The commission shall comply with the procedures and requirements of Title 13, Chapter 1, Department of Commerce, and Title 63G, Chapter 4, Administrative Procedures Act, in all of its adjudicative proceedings.
(10)
(a) For purposes of this Subsection (10), "concurrence" means the entities given a concurring role must jointly agree for the action to be taken.
(b) If a provision of this chapter requires concurrence between the director or division and the commission and no concurrence can be reached, the director or division has final authority.
(c) When this chapter requires concurrence between the director or division and the commission:
(i) the director or division shall report to and update the commission on a regular basis related to matters requiring concurrence; and
(ii) the commission shall review the report submitted by the director or division under this Subsection (10)(c) and concur with the report, or:
(A) provide a reason for not concurring with the report; and
(B) provide recommendations to the director or division.
Utah Code 58-55-104
(1) There is created an expendable special revenue fund known as the Electrician Education Fund. (2) The fund consists of money from a surcharge fee, established by the division in accordance with Section 63J-1-504, placed on initial, renewal, and reinstatement licensure fees for an apprentice electrician, journeyman electrician, master electrician, residential journeyman electrician, and residential master electrician. (3) The surcharge fee described in Subsection (2) may not be more than $5. (4) The fund shall earn interest and all interest earned on fund money shall be deposited into the fund. (5) The director may, with the concurrence of the commission, make distributions from the fund for the following purposes: (a) education and training of licensees under this chapter who are practicing in the electrical trade; and (b) education and training of other licensees under this chapter or the public in matters concerning electrical laws and practices. (6) If the balance in the fund is more than $100,000 at the end of any fiscal year, the excess amount shall be transferred to the General Fund. (7) The division shall report annually to the General Government Appropriations Subcommittee regarding the balance in the fund and how the fund is being used.
Utah Code 58-55-201
(1) There is created the Electrician and Plumbers Licensing Board consisting of the following members: (a) three members licensed from among the license classifications of master or journeyman plumber, of whom at least one represents a union organization and at least one has no union affiliation; (b) two members who are licensed plumbing contractors, of whom at least one represents a union organization and at least one has no union affiliation; (c) three members licensed from among the license classifications of master or journeyman electrician, of whom at least one shall represent a union organization and at least one shall be selected having no union affiliation; and (d) two members who are licensed electrical contractors, of whom at least one represents a union organization and at least one has no union affiliation; (e) one member who is from the public at large with no history of involvement in the construction trades. (2) (a) There is created the Alarm System Security and Licensing Board consisting of the following members: (i) three individuals who are officers or owners of a licensed alarm business; (ii) one individual from among nominees of the Utah Peace Officers Association; and (iii) one individual representing the general public. (b) The Alarm System Security and Licensing Board shall designate one of its members on a permanent or rotating basis to: (i) assist the division in reviewing complaints concerning the unlawful or unprofessional conduct of a licensee; and (ii) advise the division in its investigation of these complaints. (c) A board member who has, under this Subsection (2)(c), reviewed a complaint or advised in its investigation is disqualified from participating with the board when the board serves as a presiding officer in an adjudicative proceeding concerning the complaint. (3) The duties, functions, and responsibilities of each board described in Subsections (1) and (2) include the following: (a) recommending to the commission appropriate rules; (b) recommending to the commission policy and budgetary matters; (c) approving and establishing a passing score for applicant examinations; (d) overseeing the screening of applicants for licensing, renewal, reinstatement, and relicensure; (e) assisting the commission in establishing standards of supervision for students or persons in training to become qualified to obtain a license in the occupation or profession the board represents; and (f) acting as presiding officer in conducting hearings associated with the adjudicative proceedings and in issuing recommended orders when so authorized by the commission.
Utah Code 58-55-301
(1) (a) A person engaged in the construction trades licensed under this chapter, as a contractor regulated under this chapter, as an alarm business or company, or as an alarm company agent, shall become licensed under this chapter before engaging in that trade or contracting activity in this state unless specifically exempted from licensure under Section 58-1-307 or 58-55-305. (b) The license issued under this chapter and the business license issued by the local jurisdiction in which the licensee has its principal place of business shall be the only licenses required for the licensee to engage in a trade licensed by this chapter, within the state. (c) Neither the state nor any of its political subdivisions may require of a licensee any additional business licenses, registrations, certifications, contributions, donations, or anything else established for the purpose of qualifying a licensee under this chapter to do business in that local jurisdiction, except for contract prequalification procedures required by state agencies, or the payment of any fee for the license, registration, or certification established as a condition to do business in that local jurisdiction. (2) The division shall issue licenses under this chapter to qualified persons in the following classifications: (a) alarm company; (b) alarm company agent; (c) apprentice electrician; (d) apprentice plumber; (e) construction trades instructor: (i) general building classification; (ii) general engineering classification; (iii) electrical classification; (iv) mechanical classification; and (v) plumbing classification; (f) elevator contractor; (g) elevator mechanic; (h) general building contractor; (i) general electrical contractor; (j) general engineering contractor; (k) general plumbing contractor; (l) HVAC contractor; (m) journeyman electrician; (n) journeyman plumber; (o) master electrician; (p) master plumber; (q) residential and small commercial contractor; (r) residential electrical contractor; (s) residential journeyman electrician; (t) residential journeyman plumber; (u) residential master electrician; (v) residential master plumber; (w) residential plumbing contractor; and (x) specialty contractor. (3) (a) An applicant may apply for a license in one or more classification or specialty contractor subclassification. (b) A license shall be granted in each classification or subclassification for which the applicant qualifies. (c) A separate application and fee must be submitted for each license classification or subclassification. (4) With the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission may further define the scope of work by rule for: (a) a general electrical contractor; (b) a general plumbing contractor; (c) an HVAC contractor; (d) a residential electrical contractor; and (e) a residential plumbing contractor.
Utah Code 58-55-302
(1) Each applicant for a license under this chapter shall:
(a) submit an application the division approves;
(b) pay a fee as determined by the department under Section 63J-1-504;
(c) meet the examination requirements established by this section and by rule by the commission with the concurrence of the director, which requirements include:
(i) for licensure as an apprentice electrician, apprentice plumber, or specialty contractor, no division-administered examination is required;
(ii) for licensure as a general building contractor, general engineering contractor, residential and small commercial contractor, general plumbing contractor, residential plumbing contractor, general electrical contractor, or residential electrical contractor, the only required division-administered examination is a division-administered examination that covers information from the 25-hour course described in Subsection (1)(e)(iii), which course may have been previously completed as part of applying for any other license under this chapter, and, if the 25-hour course was completed on or after July 1, 2019, the five-hour business law course described in Subsection (1)(e)(iv); and
(iii) if required by Section 58-55-304 and the applicant is a business entity, that an individual qualifier pass the required division-administered examination;
(d) for licensure as an apprentice, identify the proposed supervisor of the apprenticeship;
(e) for licensure as a contractor:
(i) produce satisfactory evidence of financial responsibility, except for a construction trades instructor for whom evidence of financial responsibility is not required;
(ii) produce satisfactory evidence of:
(A) except as provided in Subsection (2)(a), and except that no employment experience is required for licensure as a specialty contractor, two years full-time paid employment experience in the construction industry, which employment experience, unless more specifically described in this section, may be related to any contracting classification and does not have to include supervisory experience; and
(B) knowledge of the principles of the conduct of business as a contractor, reasonably necessary for the protection of the public health, safety, and welfare;
(iii) except as otherwise provided by rule by the commission with the concurrence of the director, complete a 25-hour course that the commission with the concurrence of the director establishes by rule, that is taught by an approved prelicensure course provider, and which may include:
(A) construction business practices;
(B) bookkeeping fundamentals;
(C) mechanics lien fundamentals;
(D) other aspects of business and construction principles considered important by the commission with the concurrence of the director; and
(E) for no additional fee, a provider-administered examination at the end of the 25-hour course;
(iv) if the applicant is applying for licensure as a general building contractor, general engineering contractor, residential and small commercial contractor, general plumbing contractor, residential plumbing contractor, general electrical contractor, residential electrical contractor, or HVAC contractor, other than an applicant who completed the 25-hour course described in Subsection (1)(e)(iii) before July 1, 2019, complete a five-hour business and law course:
(A) that the commission, with the concurrence of the director, establishes by rule; and
(B) that is taught by an approved prelicensure course provider;
(v)
(A) for licensure as a residential electrical contractor, be a licensed master electrician or a licensed master residential electrician;
(B) for licensure as an electrical contractor, be a licensed master electrician;
(C) for licensure as a residential plumbing contractor, be a licensed master plumber or a licensed master residential plumber;
(D) for licensure as a plumbing contractor, be a licensed master plumber; or
(E) for licensure as an elevator contractor, be a licensed elevator mechanic and produce satisfactory evidence of three years experience as an elevator mechanic;
(vi) when the applicant is an unincorporated entity, provide a list of the one or more individuals who hold an ownership interest in the applicant as of the day on which the application is filed that includes for each individual:
(A) the individual's name, address, birth date, and social security number or other satisfactory evidence of the applicant's identity permitted under rules made by the division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(B) whether the individual will engage in a construction trade; and
(vii) the applicant or, if the applicant is a business entity as described in Section 58-55-304, an individual qualifier and each individual with at least a 10% voting interest in the business entity shall:
(A) consent to, and complete, a criminal background check, described in Section 58-1-301.5;
(B) meet any other standard related to the criminal background check described in Subsection (1)(e)(vii)(A), that the division establishes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(C) disclose any criminal history the division requests on a form the division approves; and
(f) for licensure as a construction trades instructor, satisfy any additional requirements the division establishes by rule.
(2)
(a) If the applicant for a contractor's license described in Subsection (1) is a building inspector, the applicant may satisfy Subsection (1)(e)(ii)(A) by producing satisfactory evidence of two years of full-time paid employment experience as a building inspector, which shall include at least one year of full-time experience as a licensed combination inspector.
(b) The applicant shall file the following with the division before the division issues the license:
(i) proof of workers' compensation insurance that covers employees of the applicant in accordance with applicable Utah law;
(ii) proof of public liability insurance in coverage amounts and form established by rule except for a construction trades instructor for whom public liability insurance is not required; and
(iii) proof of registration as required by applicable law with the:
(A) Department of Commerce;
(B) Division of Corporations and Commercial Code;
(C) Unemployment Insurance Division in the Department of Workforce Services, for purposes of Title 35A, Chapter 4, Employment Security Act;
(D) State Tax Commission; and
(E) Internal Revenue Service.
(3) In addition to the general requirements for each applicant in Subsection (1), an applicant shall comply with the following requirements to be licensed in the following classifications:
(a)
(i) a master plumber shall produce satisfactory evidence that the applicant:
(A) has been a licensed journeyman plumber for at least two years and had two years of supervisory experience as a licensed journeyman plumber in accordance with division rule;
(B) has received at least an associate of applied science degree or similar degree following the completion of a course of study approved by the division and had one year of supervisory experience as a licensed journeyman plumber in accordance with division rule; or
(C) meets the qualifications for expedited licensure as established by rules made by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge and skills to be a licensed master plumber;
(ii) an individual holding a valid Utah license as a journeyman plumber, based on at least four years of practical experience as a licensed apprentice under the supervision of a licensed journeyman plumber and four years as a licensed journeyman plumber, in effect immediately before May 5, 2008, is on and after May 5, 2008, considered to hold a current master plumber license under this chapter, and satisfies the requirements of this Subsection (3)(a) for the purpose of renewal or reinstatement of that license under Section 58-55-303; and
(iii) an individual holding a valid plumbing contractor's license or residential plumbing contractor's license, in effect immediately before May 5, 2008, is on or after May 5, 2008:
(A) considered to hold a current master plumber license under this chapter if licensed as a plumbing contractor and a journeyman plumber, and satisfies the requirements of this Subsection (3)(a) for purposes of renewal or reinstatement of that license under Section 58-55-303; and
(B) considered to hold a current residential master plumber license under this chapter if licensed as a residential plumbing contractor and a residential journeyman plumber, and satisfies the requirements of this Subsection (3)(a) for purposes of renewal or reinstatement of that license under Section 58-55-303;
(b) a master residential plumber applicant shall produce satisfactory evidence that the applicant:
(i) has been a licensed residential journeyman plumber for at least two years and had two years of supervisory experience as a licensed residential journeyman plumber in accordance with division rule; or
(ii) meets the qualifications for expedited licensure as established by rules made by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge and skills to be a licensed master residential plumber;
(c) a journeyman plumber applicant shall produce satisfactory evidence of:
(i) successful completion of the equivalent of at least four years of full-time training and instruction as a licensed apprentice plumber under supervision of a licensed master plumber or journeyman plumber and in accordance with a planned program of training approved by the division;
(ii) at least eight years of full-time experience approved by the division in collaboration with the Electricians and Plumbers Licensing Board; or
(iii) meeting the qualifications for expedited licensure as established by rules made by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge and skills to be a licensed journeyman plumber;
(d) a residential journeyman plumber shall produce satisfactory evidence of:
(i) completion of the equivalent of at least three years of full-time training and instruction as a licensed apprentice plumber under the supervision of a licensed residential master plumber, licensed residential journeyman plumber, or licensed journeyman plumber in accordance with a planned program of training approved by the division;
(ii) completion of at least six years of full-time experience in a maintenance or repair trade involving substantial plumbing work; or
(iii) meeting the qualifications for expedited licensure as established by rules made by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge and skills to be a licensed residential journeyman plumber;
(e) the conduct of a licensed apprentice plumber and the licensed apprentice plumber's licensed supervisor shall be in accordance with the following:
(i) while engaging in the trade of plumbing, a licensed apprentice plumber shall be under the immediate supervision of a licensed master plumber, licensed residential master plumber, licensed journeyman plumber, or licensed residential journeyman plumber;
(ii) beginning in a licensed apprentice plumber's fourth year of training, a licensed apprentice plumber may work without supervision for a period not to exceed eight hours in any 24-hour period; and
(iii) rules made by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the ratio of apprentices allowed under the immediate supervision of a licensed supervisor, including the ratio of apprentices in their fourth year of training or later that are allowed to be under the immediate supervision of a licensed supervisor;
(f) a master electrician applicant shall produce satisfactory evidence that the applicant:
(i) is a graduate electrical engineer of an accredited college or university approved by the division and has one year of practical electrical experience as a licensed apprentice electrician;
(ii) is a graduate of an electrical trade school, having received an associate of applied sciences degree following successful completion of a course of study approved by the division, and has two years of practical experience as a licensed journeyman electrician;
(iii) has four years of practical experience as a journeyman electrician; or
(iv) meets the qualifications for expedited licensure as established by rules made by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge and skills to be a licensed master electrician;
(g) a master residential electrician applicant shall produce satisfactory evidence that the applicant:
(i) has at least two years of practical experience as a residential journeyman electrician; or
(ii) meets the qualifications for expedited licensure as established by rules made by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge and skills to be a master residential electrician;
(h) a journeyman electrician applicant shall produce satisfactory evidence that the applicant:
(i) has successfully completed at least four years of full-time training and instruction as a licensed apprentice electrician under the supervision of a master electrician or journeyman electrician and in accordance with a planned training program approved by the division;
(ii) has at least eight years of full-time experience approved by the division in collaboration with the Electricians and Plumbers Licensing Board; or
(iii) meets the qualifications for expedited licensure as established by rules made by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge and skills to be a licensed journeyman electrician;
(i) a residential journeyman electrician applicant shall produce satisfactory evidence that the applicant:
(i) has successfully completed two years of training in an electrical training program approved by the division;
(ii) has four years of practical experience in wiring, installing, and repairing electrical apparatus and equipment for light, heat, and power under the supervision of a licensed master, journeyman, residential master, or residential journeyman electrician; or
(iii) meets the qualifications for expedited licensure as established by rules made by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge and skills to be a licensed residential journeyman electrician;
(j) the conduct of a licensed apprentice electrician and the licensed apprentice electrician's licensed supervisor shall be in accordance with the following:
(i) a licensed apprentice electrician shall be under the immediate supervision of a licensed master, journeyman, residential master, or residential journeyman electrician;
(ii) beginning in a licensed apprentice electrician's fourth year of training, a licensed apprentice electrician may work without supervision for a period not to exceed eight hours in any 24-hour period;
(iii) rules made by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the ratio of apprentices allowed under the immediate supervision of a licensed supervisor, including the ratio of apprentices in their fourth year of training or later that are allowed to be under the immediate supervision of a licensed supervisor; and
(iv) a licensed supervisor may have up to three licensed apprentice electricians on a residential project, or more if established by rules made by the commission, in concurrence with the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(k) an alarm company applicant shall:
(i) have a qualifying agent who:
(A) is an alarm company officer, alarm company owner, alarm company proprietor, an alarm company trustee, or other responsible management personnel;
(B) demonstrates 6,000 hours of experience in the alarm company business;
(C) demonstrates 2,000 hours of experience as a manager or administrator in the alarm company business or in a construction business; and
(D) passes an examination by the commission, with the concurrence of the director, establishes by rule;
(ii) require that each alarm company officer, alarm company owner, alarm company proprietor, alarm company trustee, and responsible management personnel with direct responsibility for managing operations of the applicant within the state:
(A) provide the applicant's name, address, date of birth, social security number, and fingerprints to the division;
(B) consent to, and complete, a criminal background check, described in Section 58-1-301.5;
(C) meet any other standard related to the criminal background check described in Subsection (2)(k)(ii)(B), that the division establishes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(D) disclose any criminal history the division requests on a form the division approves;
(iii) document that none of the individuals described in Subsection (3)(k)(ii):
(A) have been declared by any court of competent jurisdiction incompetent by reason of mental defect or disease and not been restored; or
(B) are currently suffering from habitual drunkenness or from drug addiction or dependence;
(iv) file and maintain with the division evidence of:
(A) comprehensive general liability insurance in form and in amounts established by rule by the commission with the concurrence of the director;
(B) workers' compensation insurance that covers employees of the applicant in accordance with applicable Utah law; and
(C) registration as is required by applicable law with the:
(I) Division of Corporations and Commercial Code;
(II) Unemployment Insurance Division in the Department of Workforce Services, for purposes of Title 35A, Chapter 4, Employment Security Act;
(III) State Tax Commission; and
(IV) Internal Revenue Service; and
(v) meet with the division and board;
(l) an applicant for licensure as an alarm company agent shall:
(i) submit an application in a form the division approves accompanied by fingerprint cards;
(ii) pay a fee determined by the department under Section 63J-1-504;
(iii) consent to, and complete, a criminal background check, described in Section 58-1-301.5;
(A) meet any other standard related to the criminal background check described in this Subsection (3)(l)(iii), that the division establishes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(B) disclose any criminal history the division requests on a form the division approves;
(iv) not have been declared by any court of competent jurisdiction incompetent by reason of mental defect or disease and not been restored;
(v) not be currently suffering from habitual drunkenness or from drug addiction or dependence; and
(vi) meet with the division and board if requested by the division or the board; and
(m)
(i) an applicant for licensure as an elevator mechanic shall:
(A) provide documentation of experience and education credits of not less than three years work experience in the elevator industry, in construction, maintenance, or service and repair;
(B) satisfactorily complete a written examination administered by the division established by rule under Section 58-1-203; or
(C) provide certificates of completion of an apprenticeship program for elevator mechanics, having standards substantially equal to those of this chapter and registered with the United States Department of Labor Bureau Apprenticeship and Training or a state apprenticeship council; and
(ii)
(A) if an elevator contractor licensed under this chapter cannot find a licensed elevator mechanic to perform the work of erecting, constructing, installing, altering, servicing, repairing, or maintaining an elevator, the contractor may notify the division of the unavailability of licensed personnel and request the division issue a temporary elevator mechanic license to an individual certified by the contractor as having an acceptable combination of documented experience and education to perform the work described in this Subsection (3)(m)(ii)(A); and
(B) if an elevator contractor requests that the division issue a temporary elevator license as described in Subsection (3)(m)(ii)(A), the division may issue a temporary elevator mechanic license to an individual certified under Subsection (3)(m)(ii)(A) upon application by the individual, accompanied by the appropriate fee as determined by the department under Section 63J-1-504 and shall specify the time period for which the license is valid and may renew the license for an additional time period upon the division's determination that a shortage of licensed elevator mechanics continues to exist.
(n) An applicant for licensure as an HVAC contractor shall produce satisfactory evidence to the division that the applicant:
(i) completed two years full-time paid employment of HVAC specific experience; and
(ii) passed an examination the commission, with the concurrence of the director, established by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(o) An applicant for a general engineering contractor's license described in Subsection (1) may satisfy Subsection (1)(e)(ii)(A):
(i) by producing satisfactory evidence of four years relevant full-time paid employment experience; or
(ii) if the applicant is a licensed journeyman lineman in another jurisdiction, by meeting the requirements the division makes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules establishing when Federal Bureau of Investigation records shall be checked for applicants as an alarm company or alarm company agent under this section and Section 58-1-301.5.
(5)
(a) The division shall deny an application for licensure under this chapter if:
(i) the applicant has had a previous license, which was issued under this chapter, suspended or revoked within two years before the date of the applicant's application;
(ii)
(A) the applicant is a partnership, corporation, or limited liability company; and
(B) any corporate officer, director, shareholder holding 25% or more of the stock in the applicant, partner, member, agent acting as a qualifier, or any person occupying a similar status, performing similar functions, or directly or indirectly controlling the applicant has served in any similar capacity with any person or entity that has had a previous license, which was issued under this chapter, suspended or revoked within two years before the date of the applicant's application;
(iii)
(A) the applicant is an individual or sole proprietorship; and
(B) any owner or agent acting as a qualifier has served in any capacity listed in Subsection (5)(a)(ii)(B) in any entity which has had a previous license, which was issued under this chapter, suspended or revoked within two years before the date of the applicant's application; or
(iv)
(A) the applicant includes an individual who was an owner, director, or officer of an unincorporated entity at the time the entity's license under this chapter was revoked; and
(B) the application for licensure is filed within 60 months after the revocation of the unincorporated entity's license.
(b) The appropriate licensing board shall review an application for licensure under this chapter before approval if:
(i) the applicant has had a previous license, which was issued under this chapter, suspended or revoked more than two years before the date of the applicant's application;
(ii)
(A) the applicant is a partnership, corporation, or limited liability company; and
(B) any corporate officer, director, shareholder holding 25% or more of the stock in the applicant, partner, member, agent acting as a qualifier, or any person occupying a similar status, performing similar functions, or directly or indirectly controlling the applicant has served in any similar capacity with any person or entity that has had a previous license, which was issued under this chapter, suspended or revoked more than two years before the date of the applicant's application; or
(iii)
(A) the applicant is an individual or sole proprietorship; and
(B) any owner or agent acting as a qualifier has served in any capacity listed in Subsection (5)(a)(ii)(B) in any entity that has had a previous license, which was issued under this chapter, suspended or revoked more than two years before the date of the applicant's application.
(6)
(a)
(i) A licensee that is an unincorporated entity shall file an ownership status report with the division every 30 days after the day on which the license is issued if the licensee has more than five owners who are individuals who:
(A) own an interest in the contractor that is an unincorporated entity;
(B) own, directly or indirectly, less than an 8% interest, as defined by rule made by the division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in the unincorporated entity; and
(C) engage, or will engage, in a construction trade in the state as owners of the contractor described in Subsection (6)(a)(i)(A).
(ii) If the licensee has five or fewer owners described in Subsection (6)(a)(i), the licensee shall provide the ownership status report with an application for renewal of licensure.
(b) An ownership status report required under this Subsection (6) shall:
(i) specify each addition or deletion of an owner:
(A) for the first ownership status report, after the day on which the unincorporated entity is licensed under this chapter; and
(B) for a subsequent ownership status report, after the day on which the previous ownership status report is filed;
(ii) be in a format the division approves and that includes for each owner, regardless of the owner's percentage ownership in the unincorporated entity, the information described in Subsection (1)(e)(vi);
(iii) list the name of:
(A) each officer or manager of the unincorporated entity; and
(B) each other individual involved in the operation, supervision, or management of the unincorporated entity; and
(iv) be accompanied by a fee set by the division in accordance with Section 63J-1-504 if the ownership status report indicates there is a change described in Subsection (6)(b)(i).
(c) The division may audit, at any time, an ownership status report under this Subsection (6):
(i) to determine if financial responsibility has been demonstrated or maintained as required under Section 58-55-306; and
(ii) to determine compliance with Subsection 58-55-501(23), (24), or (26) or Subsection 58-55-502(8) or (9).
(7)
(a) An unincorporated entity that provides labor to an entity licensed under this chapter by providing an individual who owns an interest in the unincorporated entity to engage in a construction trade in Utah shall file with the division:
(i) before the individual who owns an interest in the unincorporated entity engages in a construction trade in Utah, a current list of the one or more individuals who hold an ownership interest in the unincorporated entity that includes for each individual:
(A) the individual's name, address, birth date, and social security number; and
(B) whether the individual will engage in a construction trade; and
(ii) every 30 days after the day on which the unincorporated entity provides the list described in Subsection (7)(a)(i), an ownership status report containing the information that would be required under Subsection (6) if the unincorporated entity were a licensed contractor.
(b) When filing an ownership list described in Subsection (7)(a)(i) or an ownership status report described in Subsection (7)(a)(ii) an unincorporated entity shall pay a fee set by the division in accordance with Section 63J-1-504.
(8) This chapter may not be interpreted to create or support an express or implied independent contractor relationship between an unincorporated entity described in Subsection (6) or (7) and the owners of the unincorporated entity for any purpose, including income tax withholding.
(9)
(a) A social security number provided under Subsection (1)(e)(vi) or (3)(k)(ii) is a private record under Subsection 63G-2-302(1)(i).
(b) The division may designate an applicant's evidence of identity under Subsection (1)(e)(vi) as a private record in accordance with Section 63G-2-302.
Utah Code 58-55-302.5
(1) (a) Each contractor licensee under a license issued under this chapter shall complete six hours of approved continuing education during each two-year renewal cycle established by rule under Subsection 58-55-303(1). (b) Each contractor licensee who has a renewal cycle that ends on or after January 1, 2020, may complete one hour of approved continuing education on energy conservation as part of the six required hours. (2) (a) The commission shall, with the concurrence of the division, establish by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, a program of approved continuing education for contractor licensees. (b) Except as provided in Subsections (2)(c) and (e), only courses offered by any of the following may be included in the program of approved continuing education for contractor licensees: (i) the Associated General Contractors of Utah; (ii) Associated Builders and Contractors, Utah Chapter; (iii) the Utah Home Builders Association; (iv) the National Electrical Contractors Association Intermountain Chapter; (v) the Utah Plumbing & Heating Contractors Association; (vi) the Independent Electrical Contractors of Utah; (vii) the Rocky Mountain Gas Association; (viii) the Utah Mechanical Contractors Association; (ix) the Sheet Metal Contractors Association; (x) the Intermountain Electrical Association; (xi) the American Subcontractors Association, Utah Chapter; or (xii) Utah Roofing Contractors Association. (c) An approved continuing education program for a contractor licensee may include a course approved by an entity described in Subsections (2)(b)(i) through (2)(b)(iii). (d) (i) Except as provided in Subsections (2)(d)(ii) and (iii), an entity listed in Subsections (2)(b)(iv) through (2)(b)(xii) may only offer and market continuing education courses to a licensee who is a member of the entity. (ii) An entity described in Subsection (2)(b)(iv), (vi), or (x) may offer and market a continuing education course that the entity offers to satisfy the continuing education requirement described in Subsection 58-55-302.7(2)(a) to a contractor in the electrical trade. (iii) An entity described in Subsection (2)(b)(v) or (viii) may offer and market a continuing education course that the entity offers to satisfy: (A) the continuing education requirement described in Subsection 58-55-302.7(2)(b) to a contractor in the plumbing trade; or (B) the continuing education requirement described in Subsection (1) for a contractor licensee that is licensed in the specialty contractor classification of HVAC contractor. (e) An approved continuing education program for a contractor licensee may include a course offered and taught by: (i) a state executive branch agency; (ii) the workers' compensation insurance carrier that provides workers' compensation insurance under Section 31A-22-1001; or (iii) a nationally or regionally accredited college or university that has a physical campus in the state. (f) For a contractor licensee that is licensed in the specialty contractor classification of HVAC contractor, at least three of the six hours described in Subsection (1) shall include continuing education directly related to the installation, repair, or replacement of a heating, ventilation, or air conditioning system. (3) The division may contract with a person to establish and maintain a continuing education registry to include: (a) a list of courses that the division has approved for inclusion in the program of approved continuing education; and (b) a list of courses that: (i) a contractor licensee has completed under the program of approved continuing education; and (ii) the licensee may access to monitor the licensee's compliance with the continuing education requirement established under Subsection (1). (4) The division may charge a fee, as established by the division under Section 63J-1-504, to administer the requirements of this section.
Utah Code 58-55-302.7
(1) As used in this section: (a) "Licensed electrician" means an individual licensed under this chapter as an apprentice electrician, journeyman electrician, master electrician, residential journeyman electrician, or residential master electrician. (b) "Licensed elevator mechanic" means an individual licensed under this chapter as an elevator mechanic. (c) "Licensed plumber" means an individual licensed under this chapter as an apprentice plumber, journeyman plumber, master plumber, residential journeyman plumber, or residential master plumber. (2) Beginning December 1, 2010, during each two-year renewal cycle established by rule under Subsection 58-55-303(1): (a) a licensed electrician shall complete 16 hours of continuing education under the continuing education program established under this section; (b) a licensed plumber shall complete 12 hours of continuing education under the continuing education program established under this section; and (c) a licensed elevator mechanic shall complete eight hours of continuing education under the continuing education program established under this section. (3) The commission shall, with the concurrence of the division, establish by rule: (a) a continuing education program for licensed electricians; (b) a continuing education program for licensed elevator mechanics; and (c) a continuing education program for licensed plumbers. (4) The division may contract with a person to establish and maintain a continuing education registry to include: (a) an online application for a continuing education course provider to apply to the division for approval of the course for inclusion in the continuing education program; (b) a list of courses that the division has approved for inclusion in the continuing education program; and (c) a list of courses that: (i) a licensed electrician, licensed elevator mechanic, or licensed plumber has completed under the continuing education program; and (ii) the licensed electrician, licensed elevator mechanic, or licensed plumber may access to monitor compliance with the continuing education requirement under Subsection (2). (5) The division may charge a fee, established by the division under Section 63J-1-504, to administer the requirements of this section.
Utah Code 58-55-303
(1) (a) Each license issued under this chapter shall be issued in accordance with a two-year renewal cycle established by rule. (b) The division may by rule extend or shorten a renewal period by as much as one year to stagger the renewal cycle it administers. (c) (i) Notwithstanding a renewal cycle under Subsection (1)(a) or (b), notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, and subject to Subsection (1)(c)(ii), a license is automatically suspended 60 days after the licensee: (A) becomes, after the time of licensing, an unincorporated entity that is subject to the ownership status report filing requirements of Subsection 58-55-302(6)(a)(i); or (B) transfers its license to an unincorporated entity that is subject to the ownership status report filing requirements of Subsection 58-55-302(6)(a)(i). (ii) An automatic suspension does not occur under Subsection (1)(c)(i) if, before the expiration of the 60-day period in Subsection (1)(c)(i): (A) the licensee submits an application for renewal of the license; and (B) the division renews the licensee's license pursuant to the licensee's application for renewal. (iii) Within 30 days after the effective date of a suspension under Subsection (1)(c)(i), the commission shall, in accordance with Title 63G, Chapter 4, Administrative Procedures Act, make a final determination concerning the suspension. (2) At the time of renewal, the licensee shall show satisfactory evidence of: (a) continuing financial responsibility as required under Section 58-55-306; (b) for a contractor licensee, completion of six hours of approved continuing education, as required in Section 58-55-302.5; and (c) if the licensee is an apprentice electrician or plumber, journeyman electrician or plumber, master electrician or plumber, residential journeyman electrician or plumber, or residential master electrician or plumber, completion of the number of hours of continuing education specified under Section 58-55-302.7. (3) Each license automatically expires on the expiration date shown on the license unless the licensee renews the license in accordance with Section 58-1-308. (4) The requirements of Subsection 58-55-302(5) shall also apply to applicants seeking to renew or reinstate a license. (5) In addition to any other requirements imposed by law, if a license has been suspended or revoked for any reason, the applicant: (a) shall pay in full all fines imposed by the division; (b) resolve any outstanding citations or disciplinary actions with the division; (c) satisfy any Section 58-55-503 judgment and sentence or nontrial resolution; (d) complete a new financial responsibility review as required under Section 58-55-306, using only titled assets; and (e) pay in full any reimbursement amount as provided in Title 38, Chapter 11, Residence Lien Restriction and Lien Recovery Fund Act.
Utah Code 58-55-304
(1) No license may be issued by the division in a name that is identical to or so resembles the name of another licensee that the division determines that it may result in confusion or mistake. (2) The contractor's license number shall be made a part of all permit applications, contracts, agreements, or bids when a license is required. (3) The division may issue a license in the name of an individual or the name of a business entity for which the individual acts as a qualifier, in accordance with the following: (a) An individual shall: (i) submit an application in the individual's name; (ii) demonstrate the individual's own financial responsibility; and (iii) pass the required examination and meet all other requirements of this chapter. (b) A business entity shall: (i) submit the application in the name of and on behalf of the business entity; (ii) list the individual as the qualifier; (iii) demonstrate financial responsibility of the business entity if applying for a contractor's license; (iv) provide evidence that the individual qualifier has passed the required examination; and (v) meet all other requirements of this chapter. (4) A person acting as a qualifier for a business entity licensee must demonstrate to the division that the individual is an owner, officer, or manager within that business entity who exercises material authority in the conduct of that business entity's contracting business by: (a) making substantive technical and administrative decisions relating to the work performed for which a license is required under this chapter; (b) hiring, promoting, transferring, laying off, disciplining, directing, or discharging employees of the licensee either by himself or through others; and (c) not being involved in any other employment or activity which conflicts with the individual's duties and responsibilities to ensure the licensee's performance of work regulated under this chapter does not jeopardize the public health, safety, and welfare. (5) (a) Except as provided in Subsections (5)(b) and (c), it is the duty and responsibility of the licensee and the qualifier to comply with the provisions of this section. Failure to comply with the requirements of this section may be considered unprofessional conduct by the licensee, the qualifier, or both. (b) If a licensee business entity has maintained its license and has not violated the requirements of this chapter or Sections 58-55-101 through 58-55-604 for a period of 10 consecutive years, the business entity may maintain its license under this chapter by recording an active employee name and registration/license number from the applicable trade on the renewal application in order to comply with the individual qualifier requirements of this section. However, this Subsection (5)(b) shall not apply if more than 50% of the ownership of the business entity has been transferred at any time during the ten-year period. (c) If a plumbing or electrical business entity has maintained its license and has not violated the requirements of this chapter or Sections 58-55-101 through 58-55-604 for a period of five consecutive years, the business entity may maintain its license under this chapter by recording an active employee name and registration/license number from the applicable trade on the renewal application in order to comply with the individual qualifier requirements of this section. However, this Subsection (5)(c) shall not apply if more than 50% of the ownership of the business entity has been transferred at any time during the five-year period. (6) If an individual qualifying on behalf of a business entity issued a license under this chapter ceases association with that entity as required in Subsection (4), the licensee shall notify the division in writing within 10 days after cessation of association or employment. If notice is given, the license shall remain in force for 60 days after the date of cessation of association or employment. The licensee shall replace the original qualifier with another individual qualifier within the 60-day period or the license shall be automatically suspended. (7) Failure to notify the division of cessation of association or employment of a qualifier as required in Subsection (6) may result in immediate suspension of the license upon a finding of good cause.
Utah Code 58-55-305
(1) In addition to the exemptions from licensure in Section 58-1-307, the following persons may engage in acts or practices included within the practice of construction trades, subject to the stated circumstances and limitations, without being licensed under this chapter: (a) an authorized representative of the United States government or an authorized employee of the state or any of its political subdivisions when working on construction work of the state or the subdivision, and when acting within the terms of the person's trust, office, or employment; (b) a person engaged in construction or operation incidental to the construction and repair of irrigation and drainage ditches of regularly constituted irrigation districts, reclamation districts, and drainage districts or construction and repair relating to farming, dairying, agriculture, livestock or poultry raising, metal and coal mining, quarries, sand and gravel excavations, well drilling, as defined in Section 73-3-25, hauling to and from construction sites, and lumbering; (c) public utilities operating under the rules of the Public Service Commission on work incidental to their own business; (d) a sole owner of property engaged in building: (i) no more than one residential structure per year on the sole owner's property and no more than three residential structures per five years on the sole owner's property for the sole owner's noncommercial, nonpublic use, except that a person other than the property owner or a person described in Subsection (1)(e), who engages in building a residential structure must be licensed under this chapter if the person is otherwise required to be licensed under this chapter; or (ii) structures on the sole owner's property for the sole owner's noncommercial, nonpublic use that are incidental to a residential structure on the property, including a shed, carport, or detached garage; (e) (i) a person engaged in construction or renovation of a residential building for noncommercial, nonpublic use if that person: (A) works without compensation other than token compensation that is not considered salary or wages; and (B) works under the direction of the property owner who engages in building the structure; and (ii) as used in this Subsection (1)(e), "token compensation" means compensation paid by a sole owner of property exempted from licensure under Subsection (1)(d) to a person exempted from licensure under this Subsection (1)(e), that is: (A) minimal in value when compared with the fair market value of the services provided by the person; (B) not related to the fair market value of the services provided by the person; and (C) is incidental to the providing of services by the person including paying for or providing meals or refreshment while services are being provided, or paying reasonable transportation costs incurred by the person in travel to the site of construction; (f) a person engaged in the sale or merchandising of personal property that by its design or manufacture may be attached, installed, or otherwise affixed to real property who has contracted with a person, firm, or corporation licensed under this chapter to install, affix, or attach that property; (g) a contractor submitting a bid on a federal aid highway project, if, before undertaking construction under that bid, the contractor is licensed under this chapter; (h) (i) subject to Subsection 58-1-401(2) and Sections 58-55-501 and 58-55-502, a person engaged in the alteration, repair, remodeling, or addition to or improvement of a building with a contracted or agreed value of less than $7,000, including both labor and materials, and including all changes or additions to the contracted or agreed upon work; and (ii) notwithstanding Subsection (1)(h)(i) and except as otherwise provided in this section: (A) work in the plumbing and electrical trades on a Subsection (1)(h)(i) project within any six month period of time: (I) shall be performed by a licensed electrical or plumbing contractor, if the project involves an electrical or plumbing system; and (II) may be performed by a licensed journeyman electrician or plumber or an individual referred to in Subsection (1)(h)(ii)(A)(I), if the project involves a component of the system such as a faucet, toilet, fixture, device, outlet, or electrical switch; (B) installation, repair, or replacement of a residential or commercial gas appliance or a combustion system on a Subsection (1)(h)(i) project shall be performed by a person who has received certification under Subsection 58-55-308(2) except as otherwise provided in Subsection 58-55-308(2)(d) or 58-55-308(3); (C) installation, repair, or replacement of water-based fire protection systems on a Subsection (1)(h)(i) project must be performed by a licensed fire suppression systems contractor or a licensed journeyman plumber; (D) work as an alarm business or company or as an alarm company agent shall be performed by a licensed alarm business or company or a licensed alarm company agent, except as otherwise provided in this chapter; (E) installation, repair, or replacement of an alarm system on a Subsection (1)(h)(i) project must be performed by a licensed alarm business or company or a licensed alarm company agent; (F) installation, repair, or replacement of a heating, ventilation, or air conditioning system (HVAC) on a Subsection (1)(h)(i) project must be performed by an HVAC contractor licensed by the division; (G) installation, repair, or replacement of a radon mitigation system or a soil depressurization system must be performed by a licensed contractor; and (H) if the total value of the project is greater than $3,000, the person shall file with the division a one-time affirmation, subject to periodic reaffirmation as established by division rule, that the person has: (I) public liability insurance in coverage amounts and form established by division rule; and (II) if applicable, workers compensation insurance which would cover an employee of the person if that employee worked on the construction project; (i) a person practicing a specialty contractor classification or construction trade which the director does not classify by administrative rule as significantly impacting the public's health, safety, and welfare; (j) owners and lessees of property and persons regularly employed for wages by owners or lessees of property or their agents for the purpose of maintaining the property, are exempt from this chapter when doing work upon the property; (k) (i) a person engaged in minor plumbing work that is incidental, as defined by the division by rule, to the repair of a fixture or an appliance in a residential or small commercial building, or structure used for agricultural use, as defined in Section 15A-1-202, provided that no modification is made to: (A) existing culinary water, soil, waste, or vent piping; or (B) a gas appliance or combustion system; and (ii) except as provided in Subsection (1)(e), installation for the first time of a fixture or an appliance is not included in the exemption provided under Subsection (1)(k)(i); (l) a person who ordinarily would be subject to the plumber licensure requirements under this chapter when installing or repairing a water conditioner or other water treatment apparatus if the conditioner or apparatus: (i) meets the appropriate state construction codes or local plumbing standards; and (ii) is installed or repaired under the direction of a person authorized to do the work under an appropriate specialty contractor license; (m) a person who ordinarily would be subject to the electrician licensure requirements under this chapter when employed by: (i) railroad corporations, telephone corporations or their corporate affiliates, elevator contractors or constructors, or street railway systems; or (ii) public service corporations, rural electrification associations, or municipal utilities who generate, distribute, or sell electrical energy for light, heat, or power; (n) a person involved in minor electrical work incidental to a mechanical or service installation, including the outdoor installation of: (i) an above-ground, prebuilt hot tub; or (ii) the installation, maintenance, or repair of on-premise signs; (o) a person who ordinarily would be subject to the electrician licensure requirements under this chapter but who during calendar years 2009, 2010, or 2011 was issued a specialty contractor license for the electrical work associated with the installation, repair, or maintenance of solar energy panels, may continue the limited electrical work for solar energy panels under a specialty contractor license; (p) a student participating in construction trade education and training programs approved by the commission with the concurrence of the director under the condition that: (i) all work intended as a part of a finished product on which there would normally be an inspection by a building inspector is, in fact, inspected and found acceptable by a licensed building inspector; and (ii) a licensed contractor obtains the necessary building permits; (q) a delivery person when replacing any of the following existing equipment with a new gas appliance, provided there is an existing gas shutoff valve at the appliance: (i) gas range; (ii) gas dryer; (iii) outdoor gas barbeque; or (iv) outdoor gas patio heater; (r) a person performing maintenance on an elevator as defined in Section 58-55-102, if the maintenance is not related to the operating integrity of the elevator; and (s) an apprentice or helper of an elevator mechanic licensed under this chapter when working under the general direction of the licensed elevator mechanic. (2) A compliance agency as defined in Section 15A-1-202 that issues a building permit to a person requesting a permit as a sole owner of property referred to in Subsection (1)(d) shall notify the division, in writing or through electronic transmission, of the issuance of the permit.
Utah Code 58-55-308
(1) (a) The commission, with the concurrence of the director, may adopt reasonable rules pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to define and limit the scope of practice and operating standards of the classifications and subclassifications licensed under this chapter in a manner consistent with established practice in the relevant industry. (b) The commission and the director may limit the field and scope of operations of a licensee under this chapter in accordance with the rules and the public health, safety, and welfare, based on the licensee's education, training, experience, knowledge, and financial responsibility. (2) (a) The work and scope of practice covered by this Subsection (2) and Subsection (3) is the installation, repair, maintenance, cleaning, or replacement of a residential or commercial gas appliance or combustion system. (b) The provisions of this Subsection (2) apply to any: (i) licensee under this chapter whose license authorizes the licensee to perform the work described in Subsection (2)(a); and (ii) person exempt from licensure under Section 58-55-305. (c) Any person described in Subsection (2)(b) that performs work described in Subsection (2)(a): (i) must first receive training and certification as specified in rules adopted by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and (ii) shall ensure that any employee authorized under other provisions of this chapter to perform work described in Subsection (2)(a) has first received training and certification as specified in rules adopted by the division. (d) The division may exempt from the training requirements adopted under Subsection (2)(c) a person that has adequate experience, as determined by the division. (3) The division may exempt the following individuals from the certification requirements adopted under Subsection (2)(c): (a) a person who has passed a test equivalent to the level of testing required by the division for certification, or has completed an apprenticeship program that teaches the installation of gas line appliances and is approved by the Federal Bureau of Apprenticeship Training; and (b) a person working under the immediate one-to-one supervision of a certified natural gas technician or a person exempt from certification. (4) (a) The work and scope of practice covered by this Subsection (4) is the installation, repair, maintenance, or replacement of an automatic fire sprinkler system. (b) The provisions of this Subsection (4) apply to an individual acting as a qualifier for a business entity in accordance with Section 58-55-304, where the business entity seeks to perform the work described in Subsection (4)(a). (c) Before a business entity described in Subsection (4)(b) may perform the work described in Subsection (4)(a), the qualifier for the business entity shall: (i) be a licensed general building contractor; or (ii) obtain a certification in fire sprinkler fitting from the division by providing evidence to the division that the qualifier has met the following requirements: (A) completing a Department of Labor federally approved apprentice training program or completing two-years experience under the immediate supervision of a licensee who has obtained a certification in fire sprinkler fitting; and (B) passing the Star fire sprinklerfitting mastery examination offered by the National Inspection Testing and Certification Corporation or an equivalent examination approved by the division. (d) The division may also issue a certification in fire sprinkler fitting to a qualifier for a business entity who has received training and experience equivalent to the requirements of Subsection (4)(c), as specified in rules adopted by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (5) (a) The scope and practice of this Subsection (5) is the installation, repair, maintenance, or replacement of a battery-charged suspended-wire system or fence that: (i) is part of and interfaces with an alarm system for the purposes of detecting and deterring unauthorized intrusion or entry into or onto certain premises; (ii) is located on property that is not designated by a municipality or county for residential use; (iii) has an energizer that is driven by a commercial storage battery that provides no more than 12 volts of direct current; (iv) produces an electric charge on contact that does not exceed energizer characteristics set for electric fence energizers by the International Electrotechnical Commission; (v) is surrounded by a nonelectric perimeter fence or wall that is at least five feet in height; (vi) is not more than the higher of: (A) two feet higher than the height of the nonelectric perimeter fence or wall; or (B) 10 feet in height; (vii) is marked with conspicuous warning signs that are located on the battery-charged suspended-wire system or fence at no more than 30-foot intervals and that read "WARNING -- ELECTRIC FENCE"; and (viii) meets any rules related to battery-charged suspended-wire systems or fences adopted by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (b) Before a business entity or person may perform the scope of work described in Subsection (5)(a), the business entity or person shall be a licensed alarm business or company or a licensed alarm company agent. (6) This section does not prohibit a licensed specialty contractor from accepting and entering into a contract involving the use of two or more crafts or trades if the performance of the work in the crafts or trades, other than that in which the contractor is licensed, is incidental and supplemental to the work for which the contractor is licensed.
Utah Code 58-55-402
(1) The division shall be responsible for the investigation of persons and activities in violation of the provisions of this chapter. (2) (a) Investigation by the division shall include investigations of: (i) licensees engaged in unlawful or unprofessional conduct; and (ii) unlicensed persons engaged in the conduct of activity or work regulated under this chapter and for which a license is required. (b) (i) As used in this Subsection (2)(b), "sign contractor": (A) means a sign installation contractor or nonelectrical outdoor advertising sign contractor, as classified and defined in division rules; and (B) does not include a sign installation contractor or nonelectrical outdoor advertising sign contractor, as classified and defined in division rules, that is subject to Title 72, Chapter 7, Part 5, Utah Outdoor Advertising Act. (ii) The division shall maintain a record of the number of unlicensed persons found to have engaged each year in the conduct of activity or work regulated under this chapter for which a license as a sign contractor is required, including the location where a violation occurred. (3) The division shall decline to proceed with investigation of the violation of any provisions of this chapter if the division finds there is no apparent material jeopardy to the public health, safety, and welfare. (4) The division shall have no responsibility for the inspection of construction work performed in the state to determine compliance with applicable codes, or industry and workmanship standards, except as provided in Subsections 58-1-501(2)(a)(vii), 58-55-502(2), (3), and (4), and 58-55-501(16). (5) Authorized representatives of the division shall be permitted to enter upon the premises or site of work regulated under this chapter for the purpose of determining compliance with the provisions of this chapter.
Utah Code 58-55-501
Unlawful conduct includes:
(1) engaging in a construction trade, acting as a contractor, an alarm business or company, or an alarm company agent, or representing oneself to be engaged in a construction trade or to be acting as a contractor in a construction trade requiring licensure, unless the person doing any of these is appropriately licensed or exempted from licensure under this chapter;
(2) acting in a construction trade, as an alarm business or company, or as an alarm company agent beyond the scope of the license held;
(3) hiring or employing a person who is not licensed under this chapter to perform work on a project, unless the person:
(a) is an employee of a person licensed under this chapter for wages; and
(b) is not required to be licensed under this chapter;
(4) applying for or obtaining a building permit either for oneself or another when not licensed or exempted from licensure as a contractor under this chapter;
(5) issuing a building permit to any person for whom there is no evidence of a current license or exemption from licensure as a contractor under this chapter;
(6) applying for or obtaining a building permit for the benefit of or on behalf of any other person who is required to be licensed under this chapter but who is not licensed or is otherwise not entitled to obtain or receive the benefit of the building permit;
(7) failing to obtain a building permit when required by law or rule;
(8) submitting a bid for any work for which a license is required under this chapter by a person not licensed or exempted from licensure as a contractor under this chapter;
(9) willfully or deliberately misrepresenting or omitting a material fact in connection with an application to obtain or renew a license under this chapter;
(10) allowing one's license to be used by another except as provided by statute or rule;
(11) doing business under a name other than the name appearing on the license, except as permitted by statute or rule;
(12) if licensed as a contractor in the electrical trade or plumbing trade, journeyman plumber, residential journeyman plumber, journeyman electrician, master electrician, or residential electrician, failing to directly supervise an apprentice under one's supervision or exceeding the number of apprentices one is allowed to have under the contractor's supervision;
(13) if licensed as a contractor or representing oneself to be a contractor, receiving any funds in payment for a specific project from an owner or any other person, which funds are to pay for work performed or materials and services furnished for that specific project, and after receiving the funds to exercise unauthorized control over the funds by failing to pay the full amounts due and payable to persons who performed work or furnished materials or services within a reasonable period of time;
(14) employing an unlicensed alarm business or company or an unlicensed individual as an alarm company agent, except as permitted under the exemption from licensure provisions under Section 58-1-307;
(15) if licensed as an alarm company or alarm company agent, filing with the division fingerprint cards for an applicant which are not those of the applicant, or are in any other way false or fraudulent and intended to mislead the division in its consideration of the applicant for licensure;
(16) if licensed under this chapter, willfully or deliberately disregarding or violating:
(a) the building or construction laws of this state or any political subdivision;
(b) the safety and labor laws applicable to a project;
(c) any provision of the health laws applicable to a project;
(d) the workers' compensation insurance laws of the state applicable to a project;
(e) the laws governing withholdings for employee state and federal income taxes, unemployment taxes, Social Security payroll taxes, or other required withholdings; or
(f) reporting, notification, and filing laws of this state or the federal government;
(17) engaging in the construction trade or as a contractor for the construction of residences of up to two units when not currently registered or exempt from registration as a qualified beneficiary under Title 38, Chapter 11, Residence Lien Restriction and Lien Recovery Fund Act;
(18) failing, as an original contractor, as defined in Section 38-11-102, to include in a written contract the notification required in Section 38-11-108;
(19) wrongfully filing a preconstruction or construction lien in violation of Section 38-1a-308;
(20) if licensed as a contractor, not completing the approved continuing education required under Section 58-55-302.5;
(21) an alarm company allowing an employee with a temporary license under Section 58-55-312 to engage in conduct on behalf of the company outside the scope of the temporary license, as provided in Subsection 58-55-312(3)(a)(ii);
(22) an alarm company agent under a temporary license under Section 58-55-312 engaging in conduct outside the scope of the temporary license, as provided in Subsection 58-55-312(3)(a)(ii);
(23)
(a) an unincorporated entity licensed under this chapter having an individual who owns an interest in the unincorporated entity engage in a construction trade in Utah while not lawfully present in the United States; or
(b) an unincorporated entity providing labor to an entity licensed under this chapter by providing an individual who owns an interest in the unincorporated entity to engage in a construction trade in Utah while not lawfully present in the United States;
(24) an unincorporated entity failing to provide the following for an individual who engages, or will engage, in a construction trade in Utah for the unincorporated entity, or for an individual who engages, or will engage, in a construction trade in Utah for a separate entity for which the unincorporated entity provides the individual as labor:
(a) workers' compensation coverage:
(i) to the extent required by Title 34A, Chapter 2, Workers' Compensation Act, and Title 34A, Chapter 3, Utah Occupational Disease Act; or
(ii) that would be required under the chapters listed in Subsection (24)(a)(i) if the unincorporated entity were licensed under this chapter; and
(b) unemployment compensation in accordance with Title 35A, Chapter 4, Employment Security Act, for an individual who owns, directly or indirectly, less than an 8% interest in the unincorporated entity, as defined by rule made by the division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(25) the failure of a sign installation contractor or nonelectrical outdoor advertising sign contractor, as classified and defined in division rules, to:
(a) display the contractor's license number prominently on a vehicle that:
(i) the contractor uses; and
(ii) displays the contractor's business name; or
(b) carry a copy of the contractor's license in any other vehicle that the contractor uses at a job site, whether or not the vehicle is owned by the contractor;
(26)
(a) an unincorporated entity licensed under this chapter having an individual who owns an interest in the unincorporated entity engage in a construction trade in the state while the individual is using a Social Security number that does not belong to that individual; or
(b) an unincorporated entity providing labor to an entity licensed under this chapter by providing an individual, who owns an interest in the unincorporated entity, to engage in a construction trade in the state while the individual is using a Social Security number that does not belong to that individual;
(27) a contractor failing to comply with a requirement imposed by a political subdivision, state agency, or board of education under Section 58-55-310; or
(28) failing to timely comply with the requirements described in Section 58-55-605.
Utah Code 58-55-504
(1) As used in this section: (a) "Commercial construction projects" means construction, alteration, repair, demolition, or excavation projects that do not involve: (i) single family detached housing; (ii) multifamily attached housing up to and including a fourplex; or (iii) commercial construction of not more than two stories above ground. (b) (i) "Crane operator" means an individual engaged in operating a crane, which for purposes of this section is a power-operated hoisting machine used in construction, demolition, or excavation work that has a power-operated winch, load-line, and boom moving laterally by the rotation of the machine on a carrier. (ii) It does not include operating a fork lift, digger derrick truck, aircraft, bucket truck, knuckle boom, side boom, mechanic's truck, or a vehicle or machine not using a power-operated winch and load-line. (2) (a) In order to operate a crane on commercial construction projects, an individual shall be certified as a crane operator by the National Commission for the Certification of Crane Operators or any other organization determined by the division to offer an equivalent testing and certification program that meets the requirements of the American Society of Mechanical Engineers ASME B 30.5 and the accreditation requirements of the National Commission for Certifying Agencies. (b) An individual who violates Subsection (2)(a) is guilty of a class A misdemeanor. (3) An individual engaged in construction or operation incidental to petroleum refining or electrical utility construction or maintenance is exempt from the crane operator certification requirement of Subsection (2)(a).
The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)