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136
11-67-101
13-8-5
38-11-207
57-8-8.2
57-8a-801
58-1-301.5
58-55-101
58-55-102
58-55-103
58-55-104
58-55-105
58-55-106
58-55-107
58-55-108
58-55-109
58-55-305
58-55-307
58-55-112
58-55-202
58-55-203
58-55-204
58-55-205
58-55-310
58-55-207
58-55-208
58-55-209
58-55-210
58-55-211
58-55-702
58-55-301
58-55-302
58-55-302.5
58-55-302.7
58-55-303
58-55-304
58-55-308
58-55-308.1
58-55-311
58-55-312
58-55-401
58-55-402
58-55-404
58-55-405
58-55-501
58-55-502
58-55-503
58-55-504
58-55-505
58-55-506
58-55-507
58-55-508
58-55-601
58-55-602
58-55-603
58-55-604
58-55-605
58-55-606
58-55-607
58-55-701
58-55-703
58-55-704
58-91-101
58-91-102
58-91-103
58-91-201
58-91-301
58-91-302
58-91-303
58-91-304
58-91-305
58-91-306
58-91-307
58-91-401
58-91-501
58-91-502
58-91-503
58-91-504
63G-2-302
63I-1-258
63J-1-602.1
1
Utah Construction Trades Licensing Act Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Thomas W. Peterson
Senate Sponsor: Evan J. Vickers
LONG TITLE
General Description:
This bill modifies the Utah Construction Trades Licensing Act.
Highlighted Provisions:
This bill:
defines terms;
moves the licensing requirements for an alarm company and an alarm company agent into
a new chapter;
restructures the licensing requirements for the remaining trades in the Utah Construction
Trades Licensing Act; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
11-67-101
, as enacted by Laws of Utah 2022, Chapter 446
13-8-5
, as last amended by Laws of Utah 2023, Chapter 16
38-11-207
, as last amended by Laws of Utah 2008, Chapter 382
57-8-8.2
, as last amended by Laws of Utah 2023, Chapter 503
57-8a-801
, as enacted by Laws of Utah 2022, Chapter 439
58-1-301.5
, as last amended by Laws of Utah 2025, Chapter 236
58-55-103
, as last amended by Laws of Utah 2024, Chapter 507
58-55-504
, as last amended by Laws of Utah 2007, Chapter 98
63G-2-302
, as last amended by Laws of Utah 2025, Chapter 172
63I-1-258
, as last amended by Laws of Utah 2025, Chapter 236
63J-1-602.1
, as last amended by Laws of Utah 2025, First Special Session, Chapter 9
ENACTS:
58-55-107
, Utah Code Annotated 1953
58-55-108
, Utah Code Annotated 1953
58-55-109
, Utah Code Annotated 1953
58-55-112
, Utah Code Annotated 1953
58-55-202
, Utah Code Annotated 1953
58-55-203
, Utah Code Annotated 1953
58-55-204
, Utah Code Annotated 1953
58-55-205
, Utah Code Annotated 1953
58-55-207
, Utah Code Annotated 1953
58-55-208
, Utah Code Annotated 1953
58-55-209
, Utah Code Annotated 1953
58-55-210
, Utah Code Annotated 1953
58-55-211
, Utah Code Annotated 1953
58-55-404
, Utah Code Annotated 1953
58-55-405
, Utah Code Annotated 1953
58-55-505
, Utah Code Annotated 1953
58-55-506
, Utah Code Annotated 1953
58-55-507
, Utah Code Annotated 1953
58-55-508
, Utah Code Annotated 1953
58-55-606
, Utah Code Annotated 1953
58-55-607
, Utah Code Annotated 1953
58-91-101
, Utah Code Annotated 1953
58-91-102
, Utah Code Annotated 1953
58-91-103
, Utah Code Annotated 1953
58-91-201
, Utah Code Annotated 1953
58-91-301
, Utah Code Annotated 1953
58-91-302
, Utah Code Annotated 1953
58-91-303
, Utah Code Annotated 1953
58-91-304
, Utah Code Annotated 1953
58-91-305
, Utah Code Annotated 1953
58-91-306
, Utah Code Annotated 1953
58-91-307
, Utah Code Annotated 1953
58-91-401
, Utah Code Annotated 1953
58-91-501
, Utah Code Annotated 1953
58-91-502
, Utah Code Annotated 1953
58-91-503
, Utah Code Annotated 1953
58-91-504
, Utah Code Annotated 1953
REPEALS AND REENACTS:
58-55-101
, as renumbered and amended by Laws of Utah 1994, Chapter 181
58-55-104
, as last amended by Laws of Utah 2025, Chapter 271
58-55-105
, as last amended by Laws of Utah 2025, Chapter 271
58-55-106
, as last amended by Laws of Utah 2020, Chapter 339
58-55-301
, as last amended by Laws of Utah 2025, Chapter 268
58-55-302
, as last amended by Laws of Utah 2025, Chapters 268, 443
58-55-303
, as last amended by Laws of Utah 2023, Chapter 223
58-55-304
, as last amended by Laws of Utah 2004, Chapter 14
58-55-401
, as last amended by Laws of Utah 2020, Chapter 339
58-55-402
, as last amended by Laws of Utah 2011, Chapter 195
58-55-501
, as last amended by Laws of Utah 2020, Chapter 339
58-55-502
, as last amended by Laws of Utah 2022, Chapter 415
58-55-503
, as last amended by Laws of Utah 2024, Chapter 226
58-55-601
, as last amended by Laws of Utah 2025, Chapter 302
58-55-602
, as last amended by Laws of Utah 1999, Chapter 365
58-55-603
, as last amended by Laws of Utah 2025, Chapter 302
58-55-604
, as last amended by Laws of Utah 2008, Chapter 377
58-55-605
, as enacted by Laws of Utah 2014, Chapter 188
RENUMBERS AND AMENDS:
58-55-110
, (Renumbered from 58-55-305, as last amended by Laws of Utah 2025,
Chapter 176)
58-55-111
, (Renumbered from 58-55-307, as last amended by Laws of Utah 2016,
Chapter 238)
58-55-206
, (Renumbered from 58-55-310, as last amended by Laws of Utah 2013,
Chapter 57)
58-55-212
, (Renumbered from 58-55-702, as enacted by Laws of Utah 2022, Chapter
436)
REPEALS:
58-55-102
, as last amended by Laws of Utah 2025, Chapters 176, 268
58-55-302.5
, as last amended by Laws of Utah 2024, Chapter 201
58-55-302.7
, as last amended by Laws of Utah 2011, Chapter 367
58-55-308
, as last amended by Laws of Utah 2022, Chapter 446
58-55-308.1
, as enacted by Laws of Utah 2014, Chapter 326
58-55-311
, as renumbered and amended by Laws of Utah 2000, Chapter 317
58-55-312
, as last amended by Laws of Utah 2010, Chapter 387
58-55-701
, as enacted by Laws of Utah 2022, Chapter 436
58-55-703
, as enacted by Laws of Utah 2022, Chapter 436
58-55-704
, as enacted by Laws of Utah 2022, Chapter 436
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
11-67-101
is amended to read:
11-67-101
. Battery-charged suspended-wire system.
(1)
A political subdivision may not make an ordinance or other regulation prohibiting or
otherwise regulating the installation of a battery-charged suspended-wire system on
non-residential property, if the suspended-wire system:
(a)
is installed, repaired, maintained, or replaced by a licensed alarm company or
business or a licensed alarm company agent; and
(b)
meets the requirements described in Subsection
58-55-308(5)(a)
58-91-301(3)
.
(2)
Nothing in this section may be construed to prevent a political subdivision from making
an ordinance or other regulation related to a nonelectric perimeter wall or fence, or
signage related to the perimeter wall or fence, that surrounds a battery-charged
suspended-wire system.
Section 2. Section
13-8-5
is amended to read:
13-8-5
. Definitions -- Limitation on retention proceeds withheld -- Deposit in
interest-bearing escrow account -- Release of proceeds -- Payment to subcontractors --
Penalty -- No waiver.
(1)
As used in this section:
(a)
(i)
"Construction contract" means a written agreement between the parties relative
to the design, construction, alteration, repair, or maintenance of a building,
structure, highway, appurtenance, appliance, or other improvements to real
property, including moving, demolition, and excavating for nonresidential
commercial or industrial construction projects.
(ii)
If the construction contract is for construction of a project that is part residential
and part nonresidential, this section applies only to that portion of the construction
project that is nonresidential as determined pro rata based on the percentage of the
total square footage of the project that is nonresidential.
(b)
(i)
"Construction lender" means any person, including a bank, trust company,
savings bank, industrial bank, land bank, safe deposit company, private banker,
savings and loan association, credit union, cooperative bank, small loan company,
sales finance company, investment company, or any other financial institution that
advances money to a borrower for the purpose of making alterations or
improvements to real property.
(ii)
A construction lender does not include a person or entity who is acting in the
capacity of contractor, original contractor, or subcontractor.
(c)
"Construction project" means an improvement to real property that is the subject of a
construction contract.
(d)
"Contractor" means a person who, for compensation other than wages as an
employee, undertakes any work in a construction trade, as defined in Section
58-55-102
58-55-101
and includes:
(i)
any person engaged as a maintenance person who regularly engages in activities
set forth in Section
58-55-102
58-55-101
as a construction trade; or
(ii)
a construction manager who performs management and counseling services on a
construction project for a fee.
(e)
"Original contractor" means the same as that term is defined in Section
38-1a-102
.
(f)
(i)
"Owner" means the person who holds any legal or equitable title or interest in
property.
(ii)
"
Owner
"
does not include a construction lender unless the construction lender has
an ownership interest in the property other than solely as a construction lender.
(g)
"Public agency" means any state agency or a county, city, town, school district,
special district, special service district, or other political subdivision of the state that
enters into a construction contract for an improvement of public property.
(h)
"Retention payment" means release of retention proceeds as defined in Subsection
(1)(i)
.
(i)
"Retention proceeds" means money earned by a contractor or subcontractor but
retained by the owner or public agency pursuant to the terms of a construction
contract to guarantee payment or performance by the contractor or subcontractor of
the construction contract.
(j)
"Subcontractor" means the same as that term is defined in Section
38-1a-102
.
(2)
(a)
This section is applicable to all construction contracts relating to construction
work or improvements entered into on or after July 1, 1999, between:
(i)
an owner or public agency and an original contractor;
(ii)
an original contractor and a subcontractor; and
(iii)
subcontractors under a contract described in Subsection
(2)(a)(i)
or
(ii)
.
(b)
This section does not apply to a construction lender.
(3)
(a)
Notwithstanding Section
58-55-603
58-55-209
, the retention proceeds withheld
and retained from any payment due under the terms of the construction contract may
not exceed 5% of the payment:
(i)
by the owner or public agency to the original contractor;
(ii)
by the original contractor to any subcontractor; or
(iii)
by a subcontractor.
(b)
The total retention proceeds withheld may not exceed 5% of the total construction
price.
(c)
The percentage of the retention proceeds withheld and retained pursuant to a
construction contract between the original contractor and a subcontractor or between
subcontractors shall be the same retention percentage as between the owner and the
original contractor if:
(i)
the retention percentage in the original construction contract between an owner
and the original contractor is less than 5%; or
(ii)
after the original construction contract is executed but before completion of the
construction contract the retention percentage is reduced to less than 5%.
(4)
(a)
If any payment on a contract with a private contractor, firm, or corporation to do
work for an owner or public agency is retained or withheld by the owner or the public
agency, as retention proceeds, it shall be placed in an interest-bearing account and
accounted for separately from other amounts paid under the contract.
(b)
The interest accrued under Subsection
(4)(a)
shall be:
(i)
for the benefit of the contractor and subcontractors; and
(ii)
paid after the project is completed and accepted by the owner or the public
agency.
(c)
The contractor shall ensure that any interest accrued on the retainage is distributed by
the contractor to subcontractors on a pro rata basis.
(d)
Retention proceeds and accrued interest retained by an owner or public agency:
(i)
are considered to be in a constructive trust for the benefit of the contractor and
subcontractors who have earned the proceeds; and
(ii)
are not subject to assignment, encumbrance, attachment, garnishment, or
execution levy for the debt of any person holding the retention proceeds and
accrued interest.
(5)
Any retention proceeds retained or withheld pursuant to this section and any accrued
interest shall be released pursuant to a billing statement from the contractor within 45
days from the later of:
(a)
the date the owner or public agency receives the billing statement from the contractor;
(b)
the date that a certificate of occupancy or final acceptance notice is issued to:
(i)
the original contractor who obtained the building permit from the building
inspector or public agency;
(ii)
the owner or architect; or
(iii)
the public agency;
(c)
the date that a public agency or building inspector that has the authority to issue a
certificate of occupancy does not issue the certificate but permits partial or complete
occupancy or use of a construction project; or
(d)
the date the contractor accepts the final pay quantities.
(6)
If only partial occupancy of a construction project is permitted, any retention proceeds
withheld and retained pursuant to this section and any accrued interest shall be partially
released within 45 days under the same conditions as provided in Subsection
(5)
in
direct proportion to the value of the part of the construction project occupied or used.
(7)
The billing statement from the contractor as provided in Subsection
(5)(a)
shall include
documentation of lien releases or waivers.
(8)
(a)
Notwithstanding Subsection
(3)
:
(i)
if a contractor or subcontractor is in default or breach of the terms and conditions
of the construction contract documents, plans, or specifications governing
construction of the project, the owner or public agency may withhold from
payment for as long as reasonably necessary an amount necessary to cure the
breach or default of the contractor or subcontractor; or
(ii)
if a project or a portion of the project has been substantially completed, the owner
or public agency may retain until completion up to twice the fair market value of
the work of the original contractor or of any subcontractor that has not been
completed:
(A)
in accordance with the construction contract documents, plans, and
specifications; or
(B)
in the absence of plans and specifications, to generally accepted craft
standards.
(b)
An owner or public agency that refuses payment under Subsection
(8)(a)
shall
describe in writing within 45 days of withholding such amounts what portion of the
work was not completed according to the standards specified in Subsection
(8)(a)
.
(9)
(a)
Except as provided in Subsection
(9)(b)
, an original contractor or subcontractor
who receives retention proceeds shall pay each of its subcontractors from whom
retention has been withheld each subcontractor's share of the retention received
within 10 days from the day that all or any portion of the retention proceeds is
received:
(i)
by the original contractor from the owner or public agency; or
(ii)
by the subcontractor from:
(A)
the original contractor; or
(B)
a subcontractor.
(b)
Notwithstanding Subsection
(9)(a)
, if a retention payment received by the original
contractor is specifically designated for a particular subcontractor, payment of the
retention shall be made to the designated subcontractor.
(10)
(a)
In any action for the collection of the retained proceeds withheld and retained in
violation of this section, the successful party is entitled to:
(i)
attorney fees; and
(ii)
other allowable costs.
(b)
(i)
Any owner, public agency, original contractor, or subcontractor who knowingly
and wrongfully withholds a retention shall be subject to a charge of 2% per month
on the improperly withheld amount, in addition to any interest otherwise due.
(ii)
The charge described in Subsection
(10)(b)(i)
shall be paid to the contractor or
subcontractor from whom the retention proceeds have been wrongfully withheld.
(11)
A party to a construction contract may not require any other party to waive any
provision of this section.
Section 3. Section
38-11-207
is amended to read:
38-11-207
. Reimbursement to the fund.
(1)
If the director disburses money from the fund as a result of a person licensed under
Title
58, Chapter 55, Utah Construction Trades Licensing Act
, or a qualified beneficiary
failing to pay qualified beneficiaries:
(a)
the division shall issue a notice of the disbursement from the fund and the obligation
to reimburse the fund to the licensee or qualified beneficiary; and
(b)
the licensee or qualified beneficiary shall reimburse the fund within 20 days from the
issuance of the notice required by Subsection
(1)(a)
.
(2)
The notice required by Subsection
(1)(a)
shall meet the requirements established by rule
by the division in accordance with
Title 63G, Chapter 3, Utah Administrative
Rulemaking Act
.
(3)
(a)
A finding of fact in an administrative action that a payment of any amount has
been made from the fund in settlement of a claim arising from the act, representation,
transaction, or conduct of a person licensed under
Title 58, Chapter 55, Utah
Construction Trades Licensing Act
, in violation of Section
58-55-603
58-55-209
shall result in the immediate suspension of that person's license without further
compliance with
Title 63G, Chapter 4, Administrative Procedures Act
.
(b)
The finding of fact for Subsection
(3)(a)
may be made in the same administrative
action as the related claim and may be included in the findings required by Section
38-11-203
.
(c)
The suspension required by Subsection
(3)(a)
shall remain in effect until the person
applies for reinstatement and is issued a license in accordance with Sections
58-1-308
and
58-55-303
58-55-108
.
Section 4. Section
57-8-8.2
is amended to read:
57-8-8.2
. Electric vehicle charging systems -- Restrictions -- Responsibilities.
(1)
As used in this section:
(a)
"Charging system" means a device that is:
(i)
used to provide electricity to an electric or hybrid electric vehicle; and
(ii)
designed to ensure a safe connection between the electric grid and the vehicle.
(b)
"General electrical contractor" means the same as that term is defined in Section
58-55-102
58-55-202
.
(c)
"Residential electrical contractor" means the same as that term is defined in Section
58-55-102
58-55-202
.
(2)
Notwithstanding any provision in an association's governing documents to the contrary,
an association may not prohibit a unit owner from installing or using a charging system
in:
(a)
a parking space:
(i)
assigned to the unit owner's unit; and
(ii)
used for the parking or storage of a vehicle or equipment; or
(b)
a limited common area parking space designated for the unit owner's exclusive use.
(3)
An association may:
(a)
require a unit owner to submit an application for approval of the installation of a
charging system;
(b)
require the unit owner to agree in writing to:
(i)
hire a general electrical contractor or residential electrical contractor to install the
charging system; or
(ii)
if a charging system is installed in a common area, provide reimbursement to the
association for the actual cost of the increase in the association's insurance
premium attributable to the installation or use of the charging system;
(c)
require a charging system to comply with:
(i)
the association's reasonable design criteria governing the dimensions, placement,
or external appearance of the charging system; or
(ii)
applicable building codes;
(d)
impose a reasonable charge to cover costs associated with the review and permitting
of a charging system;
(e)
impose a reasonable restriction on the installation and use of a charging system that
does not significantly:
(i)
increase the cost of the charging system; or
(ii)
decrease the efficiency or performance of the charging system; or
(f)
require a unit owner to pay the costs associated with installation, metering, and use of
the charging system, including the cost of:
(i)
electricity associated with the charging system; and
(ii)
damage to a general common area, a limited common area, or an area subject to
the exclusive use of another unit owner that results from the installation, use,
maintenance, repair, removal, or replacement of the charging system.
(4)
A unit owner who installs a charging system shall disclose to a prospective buyer of the
unit:
(a)
the existence of the charging system; and
(b)
the unit owner's related responsibilities under this section.
(5)
Unless the unit owner and the association or the declarant otherwise agree:
(a)
a charging system installed under this section is the personal property of the unit
owner of the unit with which the charging station is associated; and
(b)
a unit owner who installs a charging system shall, before transferring ownership of
the owner's unit, unless the prospective buyer of the unit accepts ownership and all
rights and responsibilities that apply to the charging station under this section:
(i)
remove the charging system; and
(ii)
restore the premises to the condition before installation of the charging system.
Section 5. Section
57-8a-801
is amended to read:
57-8a-801
. Definitions.
As used in this part:
(1)
"Charging system" means a device that is:
(a)
used to provide electricity to an electric or hybrid electric vehicle; and
(b)
designed to ensure a safe connection between the electric grid and the vehicle.
(2)
"General electrical contractor" means the same as that term is defined in Section
58-55-102
58-55-202
.
(3)
"Residential electrical contractor" means the same as that term is defined in Section
58-55-102
58-55-202
.
Section 6. Section
58-1-301.5
is amended to read:
58-1-301.5
. Division access to Bureau of Criminal Identification records --
Criminal background check requirement.
(1)
As used in this section, "applicant" means an individual applying for licensure or
certification,
or with respect to a license or certification, applying
for renewal,
reinstatement, or relicensure or recertification, as required in:
(a)
Section
58-5a-302
;
(b)
Section
58-16a-302
;
(c)
Section
58-17b-303
;
(d)
Section
58-17b-304
;
(e)
Section
58-17b-305
;
(f)
Section
58-17b-306
;
(g)
Section
58-24b-302
;
(h)
Section
58-31b-302
;
(i)
Section
58-42a-302
;
(j)
Section
58-44a-302
;
(k)
Section
58-47b-302
;
(l)
Section
58-55-302
58-55-203
;
(m)
Section
58-47b-302.2
;
(n)
Section
58-60-205
;
(o)
Section
58-60-305
;
(p)
Section
58-60-405
;
(q)
Section
58-60-506
;
(r)
Section
58-61-304
;
(s)
Section
58-63-302
;
(t)
Section
58-64-302
;
(u)
Section
58-67-302
;
(v)
Section
58-68-302
;
(w)
Section
58-69-302
;
(x)
Section
58-70a-302
;
(y)
Section
58-70b-302
;
(z)
Section
58-71-302
;
or
(aa)
Section
58-73-302
.
; or
(bb)
Section
58-91-304
.
(2)
The division shall have direct access to local files
maintained by
the Bureau of
Criminal Identification
maintains
under Title 53, Chapter 10, Part 2, Bureau of Criminal
Identification, for background screening of an applicant.
(3)
The division's access to criminal background information under this section:
(a)
shall meet the requirements of Section
53-10-108
; and
(b)
includes:
(i)
convictions, pleas of nolo contendere, pleas of guilty or nolo contendere held in
abeyance, dismissed charges, and charges without a known disposition; and
(ii)
criminal background information
maintained
the Bureau of Criminal
Identification maintains
under Title 53, Chapter 10, Part 2, Bureau of Criminal
Identification.
(4)
The division may not disseminate outside of the division any criminal history record
information that the division obtains from the Bureau of Criminal Identification or the
Federal Bureau of Investigation under the criminal background check requirements of
this section.
(5)
To fulfill an applicable criminal background check requirement, an applicant shall:
(a)
submit fingerprints in a form acceptable to the division at the time the applicant files
a license application or a registration; and
(b)
consent to a fingerprint background check conducted by the Bureau of Criminal
Identification and the Federal Bureau of Investigation regarding the application.
(6)
(a)
Upon receiving fingerprints from an applicant in accordance with Subsection
(5)
,
the division shall:
(i)
collect from each applicant submitting fingerprints in accordance with this section:
(A)
the fee that the Bureau of Criminal Identification is authorized to collect for
the services provided under Section
53-10-108
; and
(B)
the fee charged by the Federal Bureau of Investigation for fingerprint
processing for the purpose of obtaining federal criminal history record
information;
(ii)
submit from each applicant the fingerprints and the fees described in Subsection
(6)(a)(i)
to the Bureau of Criminal Identification; and
(iii)
obtain and retain in division records a signed waiver approved by the Bureau of
Criminal Identification in accordance with Section
53-10-108
for each applicant.
(b)
The fees described in Subsection
(6)(a)(i)
are in addition to other fees authorized by
this chapter.
(7)
In accordance with the requirements of Section
53-10-108
, the Bureau of Criminal
Identification shall:
(a)
check the fingerprints submitted under Subsection
(5)(a)
against the applicable state
and regional criminal records databases;
(b)
forward the fingerprints to the Federal Bureau of Investigation for a national criminal
history background check; and
(c)
provide the results from the state, regional, and nationwide criminal history
background checks to the division.
(8)
(a)
(i)
Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, if the
criminal background check required under this section demonstrates, after the
applicant is licensed or registered, that the applicant failed to accurately disclose a
criminal history, the division may provide notice to the applicant that the license
or registration is immediately and automatically revoked.
(ii)
If
Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, if
a
massage establishment owner has a criminal conviction or pending criminal
charges for any crime under Title 76, Chapter 5, Part 4, Sexual Offenses, or any
crime listed by rule
made by
the division
makes
in collaboration with the board
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the division shall deny an application for registration of a massage establishment.
(b)
(i)
An individual whose license has been revoked in accordance with Subsection
(8)(a)
is entitled to a hearing to challenge the revocation.
(ii)
A registered massage establishment for which the registration has been revoked
in accordance with Subsection
(8)(a)
is entitled to a hearing to challenge the
revocation.
(c)
The division shall conduct the hearing described in this Subsection
(8)
in accordance
with Title 63G, Chapter 4, Administrative Procedures Act.
Section 7. Section
58-55-101
is repealed and reenacted to read:
1. General Provisions
58-55-101
. Definitions.
As used in this chapter:
(1)
"Applicant" means a person that is applying for an initial license, the renewal of a
license, or the reinstatement of a license.
(2)
"Board" means the Electricians and Plumbers Licensing Board created in Section
58-55-104
.
(3)
"Combustion system" means an assembly that includes:
(a)
piping and components that continuously or intermittently convey gas from the gas
provider's meter to the appliance burner;
(b)
an electric control system, a combustion air supply system, a venting system, and air
ducts; and
(c)
a component that controls quantity, flow, and pressure.
(4)
"Commission" means the Construction Services Commission created in Section
58-55-103
.
(5)
"Construction trade" means work that involves:
(a)
constructing, remodeling, repairing, or wrecking a building, highway, road, railroad,
dam, bridge, structure, excavation, project, or development that is not personal
property;
(b)
constructing, remodeling, or repairing a manufactured home defined in Section
15A-1-302
, or mobile home as defined in Section
15A-1-302
; or
(c)
installing or repairing a residential or commercial gas appliance or combustion
system.
(6)
(a)
"Construction trades instructor" means a person that teaches one or more
construction trades in a classroom or project setting.
(b)
"Construction trades instructor" does not include an individual who holds an
economic interest in a project that the individual directs that is intended for sale to or
use by the public.
(7)
(a)
"Contractor" means a person that engages in a construction trade for
compensation.
(b)
"Contractor" includes:
(i)
a person that builds a structure on the person's own property that is intended for
sale or public use;
(ii)
a person that advertises that the person is a contractor or that the person will
perform a service that requires a license under this chapter; or
(iii)
a person that, 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.
(c)
"Contractor" does not include:
(i)
an individual; or
(ii)
a material supplier that consults with a customer about design and installation of
the material supplier's product.
(8)
(a)
"Control position" means a person that exercises direct or indirect control over an
entity.
(b)
"Control position" includes:
(i)
a corporate officer or a director;
(ii)
a shareholder who owns 25% or more of the entity's stock;
(iii)
a partner or a member;
(iv)
an agent; or
(v)
a qualifier.
(9)
"Engage in a construction trade" means to:
(a)
perform a construction trade; or
(b)
to lead, or attempt to lead, a reasonable individual to believe a person will perform a
construction trade.
(10)
"Gas appliance" means a device that uses gas to produce light, heat, power, steam, hot
water, refrigeration, or air conditioning.
(11)
"Immediate supervision" means the reasonable direction, oversight, inspection, and
evaluation of the work of an individual:
(a)
as the division provides in rule the division makes in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act;
(b)
as applicable, by a qualified electrician or plumber;
(c)
as part of a planned training program; and
(d)
as required to ensure the work complies with applicable standards.
(12)
"Licensee" means a person that is licensed under this chapter.
(13)
"Qualifier" means an individual who:
(a)
holds a control position of a licensee under this chapter;
(b)
satisfies the requirements to obtain a license under this chapter;
(c)
meets any additional license requirements established in rule the division makes in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(d)
holds collective and individual liability with the licensee for compliance with this
chapter and may be held fully responsible for a violation.
(14)
"Unincorporated entity" means an entity that operates as:
(a)
a general partnership;
(b)
a limited liability partnership;
(c)
a limited liability limited partnership;
(d)
a limited partnership; or
(e)
a limited cooperative association.
(15)
"Wages" means compensation an employer owes to an employee for labor or services,
regardless of how the employer calculates the amount owed to the employee.
Section 8. Section
58-55-103
is amended to read:
58-55-103
. Construction Services Commission created -- Functions --
Appointment -- Qualifications and terms of members -- Vacancies -- Expenses --
Meetings -- Concurrence.
(1)
(a)
There is created within the division the Construction Services Commission.
(b)
The commission shall:
The duties, functions, and responsibilities of the commission
include the following:
(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
with the director's
concurrence, make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to administer and enforce this chapter, including
rules that provide the standards for a licensee's
:
(A)
licensing of various licensees
license
;
(B)
examination requirements and administration of the examinations, to include
approving and establishing a passing score for applicant examinations
examination
;
(C)
standards of supervision for students or persons in training to become
qualified to obtain a license in the trade they represent
supervision of a student
or a trainee preparing to obtain a license
; and
(D)
standards of conduct for various licensees
professional conduct
;
(ii)
approve or disapprove fees adopted by the division
approve a fee the division
adopts
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;
conduct an administrative hearing relating to licensing when the administrative
hearing is not conducted by the board or delegated to an administrative law judge;
(iv)
except as
otherwise
provided in Sections
38-11-207
and
58-55-503
58-55-604
,
with the
concurrence of the director
director's concurrence
, impose sanctions
against
licensees and certificate holders
a licensee
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
division's
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.
(a)
The executive director, with the governor's approval, shall appoint commission
members as follows:
(i)
one individual who is a qualifier for a licensed general engineering contractor as
defined in Section
58-55-202
;
(ii)
one individual who is a qualifier for a licensed general building contractor as
defined in Section
58-55-202
;
(iii)
two individuals who are qualifiers for separate licensed residential and small
commercial contractors as defined in Section
58-55-202
;
(iv)
one individual who is a licensed plumber and a member of the Electricians and
Plumbers Licensing Board;
(v)
one individual who is a licensed electrician and a member of the Electricians and
Plumbers Licensing Board; and
(vi)
one individual who is a member of the general public and who has never been
licensed in a construction trade.
(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)
(3)
A commission member may not serve more than two consecutive terms.
(4)
The executive director, with the governor's approval, shall:
(a)
appoint or reappoint each member to a four-year term ending June 30, except as
provided in Subsection
(6)
; and
(b)
adjust terms at appointment or reappointment to stagger terms so that approximately
half of the members' terms expire every two years.
(5)
The commission shall elect annually one of
its
the commission
members as
chair, for
a term of one year
the chair
.
(5)
(6)
When a vacancy occurs in the membership for any reason, the replacement shall
be appointed for the unexpired term.
The executive director shall appoint a replacement
for the remainder of the term when a vacancy occurs.
(6)
(7)
A member may not receive compensation or
benefits
a benefit
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
makes in accordance with
Sections
63A-3-106
and
63A-3-107
.
(7)
(8)
(a)
The commission shall meet at least monthly unless the director determines
otherwise.
(b)
The director may call additional meetings
:
(i)
at the director's discretion
,
;
(ii)
upon the request of the chair
,
;
or
(iii)
upon the written request of four or more commission members.
(8)
(9)
(a)
Five members
constitute
are
a quorum for the transaction of business.
(b)
If a quorum is present when
a vote is taken
the commission takes a vote
, the
affirmative vote of
a majority of the
commission members present is the act of the
commission.
(9)
(10)
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)
(11)
(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)
(a)
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
submits
under this Subsection
(10)(c)
(11)(a)
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.
(b)
The director is the final authority if a provision of this chapter requires concurrence
between the director or division and the commission and there is no concurrence.
Section 9. Section
58-55-104
is repealed and reenacted to read:
58-55-104
. Board created -- Duties.
(1)
There is created the Electricians and Plumbers Licensing Board consisting of the
following members:
(a)
three individuals:
(i)
licensed as master plumbers as defined in Section
58-55-401
, or a journeyman
plumber as defined in Section
58-55-401
; and
(ii)
of whom at least one represents a union organization and at least one has no
union affiliation;
(b)
two individuals:
(i)
who are each a qualifier for separate licensed plumbing contractors as defined in
Section
58-55-202
; and
(ii)
of whom one represents a union organization and one has no union affiliation;
(c)
three individuals:
(i)
licensed as master electricians as defined in Section
58-55-301
, or as journeyman
electricians as defined in Section
58-55-301
; and
(ii)
of whom at least one represents a union organization and at least one has no
union affiliation;
(d)
two individuals:
(i)
who each are a qualifier for separate licensed electrical contractors as defined in
Section
58-55-202
; and
(ii)
of whom one represents a union organization and one has no union affiliation; and
(e)
one individual who is a member of the general public and who has never been
licensed in a construction trade.
(2)
The duties, functions, and responsibilities of the board include:
(a)
recommending to the commission appropriate rules;
(b)
recommending to the commission policy and budgetary matters;
(c)
assisting the commission in fulfilling the commission's duties; and
(d)
acting as presiding officer in conducting a hearing associated with an adjudicative
proceeding and issuing recommended orders.
Section 10. Section
58-55-105
is repealed and reenacted to read:
58-55-105
. License required.
(1)
(a)
A person engaged in a construction trade or acting as a contractor shall obtain a
license under this chapter before performing work unless exempt from licensure
under Section
58-1-307
or
58-55-110
.
(b)
The only licenses required for a licensee to engage in a trade regulated by this
chapter are:
(i)
a license issued under this chapter; and
(ii)
a business license from the local jurisdiction where the licensee maintains the
licensee's principal place of business.
(c)
The state or a political subdivision may not impose additional requirements on a
licensee to do business except:
(i)
contract prequalification procedures a state agency requires; or
(ii)
the payment of fees a local jurisdiction makes as a condition for doing business.
(2)
(a)
To obtain a license, an applicant shall file an application that includes payment of
a fee the division determines in accordance with Section
63J-1-504
.
(b)
An applicant may apply for a license for one or more licenses issued in accordance
with this chapter.
(c)
The division shall issue each license for which the applicant applies and qualifies.
(d)
The applicant shall submit a separate application and fee for each license.
(3)
With the concurrence of the director and in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, the commission may makes rules to further define the
scope of work for:
(a)
a general electrical contractor as defined in Section
58-55-202
;
(b)
a general plumbing contractor as defined in Section
58-55-202
;
(c)
an HVAC contractor as defined in Section
58-55-202
;
(d)
a residential electrical contractor as defined in Section
58-55-202
; and
(e)
a residential plumbing contractor as defined in Section
58-55-202
.
Section 11. Section
58-55-106
is repealed and reenacted to read:
58-55-106
. Surcharge.
(1)
(a)
The division shall collect a $1 surcharge from each applicant for an initial license,
a renewal of a license, or a reinstatement of a license.
(b)
The $1 surcharge is in addition to other fees this chapter or the division authorizes in
accordance with Section
63J-1-504
.
(2)
(a)
The division shall deposit the surcharge into the General Fund as a dedicated
credit.
(b)
The division shall use the dedicated credits to provide a licensee with access to an i
nternet-based library of national, state, and local building codes and standards.
Section 12. Section
58-55-107
is enacted to read:
58-55-107
. Licensee names -- License number use -- Qualifier.
(1)
The division may not issue a license in a name that the division determines may result in
confusion for the name of another licensee.
(2)
Except as provided in Subsection
(1)
, the division shall issue a license in the name of a
contractor if the contractor applicant meets this chapter's requirements.
(3)
The division shall require the contractor's license number on permit applications,
contracts, agreements, or bids that require a license.
(4)
(a)
The division shall require a contractor to have a qualifier.
(b)
A qualifier for a contractor shall demonstrate to the division that the qualifier is:
(i)
licensed in accordance with this chapter; and
(ii)
an owner, officer, or manager of the contractor who exercises material authority
in the conduct of the contracting business by:
(A)
making substantive technical and administrative decisions relating to the work
performed for which this chapter requires a license;
(B)
hiring, promoting, transferring, laying off, disciplining, directing, or
discharging employees of the contractor; and
(C)
avoiding involvement in other employment or activity that conflict with the
qualifier's duties and responsibilities to ensure the licensee does not jeopardize
the public health, safety, and welfare.
(5)
(a)
The division may take action against:
(i)
a contractor if the qualifier or contractor violates the requirements of this section;
and
(ii)
a qualifier if the qualifier or contractor violates the requirements of this section.
(b)
The division may consider a qualifier or contractor's failure to comply with the
requirements of this section to be unprofessional conduct.
(6)
(a)
Except as provided in Subsection
(6)(b)
, a contractor that is not a plumbing or
electrical contractor may comply with the qualifier requirements when renewing a
license in accordance with Section
58-55-108
by recording an active employee name
and license number from the applicable construction trade on the renewal application
if the contractor has not violated the requirements of this chapter for a period of 10
consecutive years.
(b)
If the business entity transfers more than 50% of the business entity's ownership at
any time during the ten-year period before the renewal, the contractor may not meet
the qualifier requirement in accordance with Subsection
(6)(a)
.
(7)
(a)
Except as provided in Subsection
(7)(b)
, a plumbing or electrical contractor may
comply with the qualifier requirements when renewing a license in accordance with
Section
58-55-108
by recording an active employee name and license number from
the applicable construction trade on the renewal application if the plumbing or
electrical contractor has not violated the requirements of this chapter for a period of
five consecutive years.
(b)
If the plumbing or electrical business entity transfers more than 50% of the plumbing
or electrical business entity's ownership at any time during the five-year period
before the renewal, the plumbing or electrical business entity may not meet the
qualifier requirement in accordance with Subsection
(7)(a)
.
(8)
(a)
Notwithstanding Subsections
(6)
and
(7)
, if a qualifier for a contractor ceases
association with the contractor, the contractor shall notify the division in writing
within 10 days after the day on which the association ceases.
(b)
If notice is given, the contractor's license shall remain in force for 60 days after the
day on which the association ceases.
(c)
The division shall suspend the contractor's license if the contractor does not replace
the qualifier who ceases association with another qualifier within the 60-day period.
(9)
The division may suspend the contractor's license if the contractor does not notify the
division of cessation of association of a qualifier.
Section 13. Section
58-55-108
is enacted to read:
58-55-108
. Term of license -- Expiration -- Renewal and reinstatement.
(1)
(a)
The division shall issue a license for a term of two years as the division
establishes by rule the division makes in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act.
(b)
The division may extend or shorten a license term by up to one year to stagger
renewals as the division determines by rule in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act.
(c)
(i)
Notwithstanding Subsections
(1)(a)
and
(b)
and Title 63G, Chapter 4,
Administrative Procedures Act, the division may suspend a license 60 days after
the day on which the licensee:
(A)
becomes an unincorporated entity subject to the ownership status report filing
requirements in accordance with Section
58-55-112
; or
(B)
transfers the license to an unincorporated entity subject to the ownership status
report filing requirements in accordance with Section
58-55-112
.
(ii)
Subsection
(1)(c)(i)
may not apply if before the 60-day period ends:
(A)
the licensee submits an application to renew the license; and
(B)
the division renews the license under the submitted application.
(2)
(a)
The division shall renew or reinstate an individual license after the applicant:
(i)
submits an application in the individual's name;
(ii)
completes the number of hours of continuing education under Section
58-55-304
,
if the applicant is:
(A)
an apprentice electrician as defined in Section
58-55-301
;
(B)
a journeyman electrician as defined in Section
58-55-301
;
(C)
a master electrician as defined in Section
58-55-301
;
(D)
a residential journeyman electrician as defined in Section
58-55-301
; or
(E)
a residential master electrician as defined in Section
58-55-301
;
(iii)
completes the number of hours of continuing education under Section
58-55-405
,
if the applicant is:
(A)
an apprentice plumber as defined in Section
58-55-401
;
(B)
a journeyman plumber as defined in Section
58-55-401
;
(C)
a master plumber as defined in Section
58-55-401
;
(D)
a residential journeyman plumber as defined in Section
58-55-401
; or
(E)
a residential master plumber as defined in Section
58-55-401
; and
(iv)
meets all other requirements of this chapter.
(b)
The division shall renew or reinstate a contractor's license after the applicant:
(i)
submits the application in the name of and on behalf of a contractor;
(ii)
demonstrates the contractor's financial responsibility in accordance with Section
58-55-205
;
(iii)
lists the individual acting as the qualifier for the contractor;
(iv)
provides evidence that the qualifier:
(A)
has passed the required examination; and
(B)
has completed continuing education in accordance with Section
58-55-204
;
and
(v)
meets all other requirements of this chapter.
(3)
A license expires on the expiration date shown on the license.
(4)
In addition to requirements imposed by law, an applicant applying for reinstatement of a
license the division suspends or revokes shall:
(a)
pay fines the division imposes;
(b)
resolve outstanding citations or disciplinary actions with the division;
(c)
if the license the division suspends or revokes is a contractor's license, demonstrate
financial responsibility in accordance with Section
58-55-205
using titled assets; and
(d)
if applicable, pay the reimbursement amount as provided in Title 38, Chapter 11,
Residence Lien Restriction and Lien Recovery Fund Act.
Section 14. Section
58-55-109
is enacted to read:
58-55-109
. License denial.
(1)
The division shall deny an applicant a license under this chapter if:
(a)
the division suspended or revoked a license the applicant held under this chapter less
than two years before the date of the application;
(b)
(i)
the applicant is a partnership, corporation, or limited liability company; and
(ii)
a person that serves the applicant entity in a control position previously served in
a control position for an entity that held a license the division suspended or
revoked less than two years before the date of the application;
(c)
(i)
the applicant is a sole proprietorship; and
(ii)
a person that serves in a control position in an entity that held a license the
division suspended or revoked less than two years before the date of the
application; or
(d)
(i)
the applicant lists an individual who was an owner, director, or officer of an
unincorporated entity at the time the division revoked the unincorporated entity's
license; and
(ii)
the applicant applies for licensure within five years after the day on which the
unincorporated entity's license is revoked.
(2)
The commission shall review the applicant's application before approval of a license if:
(a)
the division suspended or revoked a license that the applicant held two years or more
before the date of the application;
(b)
(i)
the applicant is a partnership, corporation, or limited liability company; and
(ii)
a person that serves the applicant entity in a control position previously served in
a control position for an entity that held a license that the division suspended or
revoked two years or more before the date of the application; or
(c)
(i)
the applicant is an individual or sole proprietorship; and
(ii)
an owner, an agent, or a qualifier served in a control position for an entity that
held a license that the division suspended or revoked two years or more before the
date of the application.
Section 15. Section
58-55-110
, which is renumbered from Section 58-55-305 is renumbered
and amended to read:
58-55-305
58-55-110
. Exemptions from licensure.
(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.
(1)
As used in this section:
(a)
(i)
"Sign contractor" means a sign installation contractor or nonelectrical outdoor
advertising sign contractor, as classified and defined in division rules.
(ii)
"Sign contractor" does not include a sign installation contractor or nonelectrical
outdoor advertising sign contractor, as defined in division rules subject to Title 72,
Chapter 7, Part 5, Utah Outdoor Advertising Act.
(b)
(i)
"Token compensation" means compensation that is minimal in value when
compared with the fair market value of the services provided by the person.
(ii)
"Token compensation" includes:
(A)
providing meals or refreshment while the services are provided; and
(B)
paying reasonable transportation costs incurred by the person in travel to and
from the construction site.
(c)
"Well drilling" means the same as that term is defined in Section
73-3-25
.
(2)
In addition to the exemptions from licensure in Section
58-1-307
, the following may
engage in a construction trade without a license:
(a)
an agricultural or natural resource worker if:
(i)
the construction trade is incidental to the construction or repair of an irrigation or
drainage ditch of a regularly constituted irrigation district, reclamation district, or
drainage district; or
(ii)
the construction trade is incidental to a repair relating to farming, dairying,
agriculture, livestock or poultry raising, metal and coal mining, quarries, sand and
gravel excavations, well drilling, hauling to and from construction sites, and
lumbering;
(b)
an appliance delivery worker if:
(i)
the construction trade is incidental to replacing an existing gas range, a gas dryer,
an outdoor gas barbecue, or an outdoor gas patio heater with a new gas appliance;
and
(ii)
there is an existing gas shutoff valve at the appliance;
(c)
a construction student if:
(i)
the construction trade is a part of an education and training program the
commission with the concurrence of the director approves;
(ii)
the work that is subject to inspection by a building inspector passes a building
inspector's inspection; and
(iii)
a contractor obtains the necessary building permits;
(d)
a government representative or employee if:
(i)
the construction trade is within the terms of the government representative or
employee's trust, office, or employment; and
(ii)
the government representative or employee is an authorized representative or
employee of the United States government, or of the state, or of a political
subdivision;
(e)
an electrical utility worker if:
(i)
the construction trade is incidental to work for a railroad corporation, a telephone
corporation or an affiliate of the telephone corporation, an elevator contractor, or a
street railway system; or
(ii)
the construction trade is incidental to work for a public service corporation, a
rural electrification association, or a municipal utility that generates, distributes, or
sells electrical energy for light, heat, or power;
(f)
an elevator mechanic assistant if:
(i)
the construction trade is incidental to assisting a licensed elevator mechanic; and
(ii)
the construction trade is at the direction of the licensed elevator mechanic;
(g)
an elevator mechanic licensed under this chapter if the construction trade is not
related to the operational integrity of the elevator;
(h)
a federal highway bidder if:
(i)
the bid is for a Federal-aid Highway Program project; and
(ii)
the contractor obtains proper licensure before starting the construction;
(i)
a hot tub or sign installer if:
(i)
the construction trade is limited to an electrical trade; and
(ii)
(A)
the construction trade is incidental to installing or repairing an
above-ground, prebuilt hot tub or spa; or
(B)
the construction trade is incidental to installing or repairing signage;
(j)
a plumbing repair worker if:
(i)
the construction trade is limited to minor plumbing;
(ii)
the construction trade is incidental to a repair in a residential small commercial
building or an agricultural structure; and
(iii)
the construction trade:
(A)
does not involve altering a piping or a gas system or a gas appliance; or
(B)
does not involve the initial installation of a fixture or an appliance;
(k)
a product retailer if:
(i)
the construction trade is incidental to the sale of personal property that by design,
may be attached or installed to real property; and
(ii)
the product retailer contracts with a person licensed under this chapter to attach or
install the personal property on the real property;
(l)
a property owner, lessee, or an employee of the property owner or lessee if:
(i)
the construction trade is incidental to the maintenance of a property; and
(ii)
the construction trade is for the purpose of maintaining the property;
(m)
a public utility if:
(i)
the construction trade is incidental to the public utility's work; and
(ii)
the public utility is operating under the rules of the Public Service Commission;
(n)
subject to Subsection
(3)
, a person working on a project that has a total cost of less
than $7,000 including labor, material, and changes to the agreed upon work if the
construction trade:
(i)
does not involve an electrical or plumbing system;
(ii)
does not involve a component of an electrical or plumbing system, including a
faucet, a toilet, a fixture, a device, an outlet, or an electrical switch;
(iii)
does not involve the installation, repair, or replacement of a residential or
commercial gas appliance or a combustion system;
(iv)
does not involve the installation, repair, or replacement of a water-based fire
protection system;
(v)
does not involve the installation, repair, or replacement of a heating, ventilation,
or air conditioning system; and
(vi)
does not involve the installation, repair, or replacement of a radon mitigation
system or a soil depressurization system;
(o)
a solar panel worker if the construction trade is electrical work incidental to
installing or repairing a solar panel;
(p)
a sole property owner if:
(i)
(A)
the sole property owner builds for the sole owner's noncommercial and
nonpublic use 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; and
(B)
the construction trade is performed by the sole property owner or a volunteer
in accordance with Subsection
(2)(r)
; or
(ii)
the construction trade is incidental to a residential structure on the property,
including a shed, carport, or detached garage;
(q)
a specialty contractor as defined in Section
58-55-202
, if:
(i)
the construction trade is incidental to the specialty contractor's trade; and
(ii)
the director does not determine by rule the division makes in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that the specialty
contractor's performance of the trade significantly impacts the public's health,
safety, or welfare;
(r)
a volunteer working on a noncommercial and nonpublic use residential building if:
(i)
the construction trade is without compensation other than token compensation that
is not considered salary or wages; and
(ii)
the volunteer works under the direction of the property owner; or
(s)
a water treatment installation worker if:
(i)
the construction trade is incidental to installing or repairing a water conditioner or
other water treatment apparatus;
(ii)
the water conditioner or other water treatment apparatus meets the state
construction code and local plumbing standards; and
(iii)
the appropriate specialty contractor as defined in Section
58-55-202
, directs the
installation or repair.
(3)
(a)
If the total value of the project under Subsection
(2)(n)
is greater than $3,000, the
person shall:
(i)
register with the Division of Corporations and Commercial Code; and
(ii)
submit to the division documentation that the person has:
(A)
public liability insurance in a coverage amount and form the division makes
by rule the division makes in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act; and
(B)
if applicable, workers' compensation insurance that would cover an employee
of the person if the employee works on the project.
(b)
The division shall establish by rule the division makes in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, when a person needs to resubmit
documentation described in Subsection
(3)(a)
.
Section 16. Section
58-55-111
, which is renumbered from Section 58-55-307 is renumbered
and amended to read:
58-55-307
58-55-111
. Confidentiality of records and reports.
(1)
Credit reports, financial statements, and other information submitted to the division by
or at the request and direction of an applicant or licensee for the purpose of supporting a
representation of financial responsibility
A credit report, a financial statement, and other
information an applicant submits or requests to have submitted to the division to
demonstrate financial responsibility in accordance with Section
58-55-205
:
(a)
constitute protected records
is a protected record
under
Title 63G, Chapter 2,
Government Records Access and Management Act
; and
(b)
notwithstanding Subsection
(1)(a)
, may be considered by the commission in a public
meeting, unless the owner of the information requests that the meeting be closed to
the public in accordance with
Title 52, Chapter 4, Open and Public Meetings Act
.
(2)
Notwithstanding the provisions of
Title 63G, Chapter 2, Government Records Access
and Management Act
,
the records
a record
described in Subsection
(1)
are
is
not open
for public inspection and
are
is
not subject to discovery in civil or administrative
proceedings.
Section 17. Section
58-55-112
is enacted to read:
58-55-112
. Unincorporated entities -- Reporting requirements.
(1)
(a)
(i)
A contractor that is an unincorporated entity shall file an ownership status
report with the division every 30 days beginning 30 days after the day on which
the division issues the license if the contractor has more than five owners who are
individuals that:
(A)
own an interest in the contractor;
(B)
directly or indirectly own less than an 8% interest in the unincorporated entity
as defined by rule the division makes in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act; and
(C)
engage, or will engage, in a construction trade in the state as owners of the
contractor described in Subsection
(1)(a)(i)(A)
.
(ii)
A contractor that is an unincorporated entity shall file an ownership status report
with an application for renewal of licensure if the contractor has five or fewer
owners described in this Subsection
(1)(a)(i)
.
(b)
An ownership status report shall:
(i)
specify each addition or deletion of an owner from the day after the day on which:
(A)
the division licenses the unincorporated entity, for the first ownership status
report; and
(B)
the contractor files a previous ownership status report for a later ownership
status report;
(ii)
be in a format the division approves and include the information required by
Subsection
(2)(a)(ii)
for each owner, regardless of the owner's percentage
ownership in the unincorporated entity;
(iii)
list the name of:
(A)
each officer or manager of the unincorporated entity; and
(B)
each additional individual involved in the operation, supervision, or
management of the unincorporated entity; and
(iv)
be accompanied by a fee the division sets in accordance with Section
63J-1-504
if the ownership status report indicates there is a change.
(c)
At any time, the division may audit an ownership status report under this Subsection
(1)
to determine if the unincorporated entity:
(i)
demonstrates financial responsibility in accordance with Section
58-55-205
; and
(ii)
complies with Subsection
58-55-601(19)
, (20), or (21) or Subsection
58-55-603(6)
.
(2)
An unincorporated entity that provides labor to an entity licensed under this chapter by
supplying an individual who owns an interest in the unincorporated entity to engage in a
construction trade shall file with the division:
(a)
before the individual engages in a construction trade, a current ownership list that
includes:
(i)
each individual who holds an ownership interest in the unincorporated entity; and
(ii)
for each individual:
(A)
the individual's name, address, birth date, and social security number; and
(B)
the individual's engagement in a construction trade; and
(b)
every 30 days after submitting the ownership list under Subsection
(1)(a)
, an
ownership status report that includes the same information required under Subsection
(1)(a)
as if the unincorporated entity were a licensed contractor.
(3)
An unincorporated entity shall pay a fee the division sets in accordance with Section
63J-1-504
when filing an ownership status report described in Subsection
(1)(a)
.
(4)
Nothing in this chapter creates or supports an independent contractor relationship
between an unincorporated entity described in Subsection
(1)
or
(2)
and the
unincorporated entity's owners.
(5)
(a)
A social security number an individual provides under this section is a private
record under Subsection
63G-2-302(1)(i)
.
(b)
The division may classify an applicant's evidence of identity under this section as a
private record in accordance with Section
63G-2-302
.
Section 18. Section
58-55-202
is enacted to read:
2. Contractors
58-55-202
. Definitions.
As used in this part:
(1)
"Approved pre-licensure course provider" means a provider:
(a)
that is:
(i)
the Associated General Contractors of Utah;
(ii)
the Utah Chapter of the Associated Builders and Contractors; or
(iii)
the Utah Home Builders Association; and
(b)
that offers the 25-hour course described in Subsection
58-55-204(1)(c)
:
(i)
at least six times each year; and
(ii)
in one or more counties within the state other than Salt Lake County, Utah
County, Davis County, or Weber County.
(2)
"Elevator contractor" means a person that performs or superintends erecting,
constructing, installing, altering, servicing, repairing, or maintaining an elevator.
(3)
(a)
"General building contractor" means a person that performs or superintends:
(i)
the construction of structures for the support, shelter, or enclosure of individuals,
animals, or personal property; or
(ii)
any of the components of the construction described in Subsection
(3)(a)(i)
.
(b)
"General building contractor" does not include construction trade relating to:
(i)
plumbing;
(ii)
electrical work;
(iii)
mechanical work;
(iv)
work related to the operational integrity of an elevator;
(v)
work related to the installation of manufactured housing; or
(vi)
work that the division determines by rule the division makes in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act, poses a substantial
risk to the public health, safety, and welfare unless the general building contractor
holds a valid license as a specialty contractor for the construction trade.
(c)
"General building contractor" includes the mechanical work for the construction of
single-family and multifamily residences of up to four units when the mechanical
work is performed by a licensed master plumber as defined in Section
58-55-401
, a
licensed journeyman plumber as defined in Section
58-55-401
, a licensed master
electrician as defined in Section
58-55-301
, or a licensed journeyman electrician as
defined in Section
58-55-301
that the general building contractor employs.
(4)
"General electrical contractor" means a person that performs or superintends the
fabrication, construction, and installation of generators, transformers, conduits,
raceways, panels, switch gear, electrical wires, fixtures, appliances, apparatus that uses
electrical energy, or other work the division authorizes by rule in accordance with
Subsection
58-55-105(3)
.
(5)
"General engineering contractor" means a person that performs or superintends the
construction of fixed works, or components of fixed works, and has specialized
engineering knowledge and skill in:
(a)
airports;
(b)
airport runways;
(c)
bridges;
(d)
chemical plants;
(e)
drainage;
(f)
electrical utilities;
(g)
flood control;
(h)
foundations;
(i)
harbors;
(j)
highways;
(k)
industrial plants;
(l)
inland waterways;
(m)
irrigation systems;
(n)
piers;
(o)
pipelines;
(p)
power plants;
(q)
railroads;
(r)
refineries;
(s)
sewers;
(t)
tunnels;
(u)
underground electric utility conduits;
(v)
utility plants;
(w)
water power; or
(x)
water supply.
(6)
"General plumbing contractor" means a person that performs or superintends the
fabrication or installation of material and fixtures to create and maintain sanitary
conditions in a building by providing a permanent means for:
(a)
a supply of safe and pure water;
(b)
the timely and complete removal from the premises of used or contaminated water,
fluid and semi-fluid organic wastes, and other impurities incidental to life;
(c)
a safe and adequate supply of gas for lighting, heating, and industrial purposes; or
(d)
other work the division authorizes by rule in accordance with Subsection
58-55-105(3)
.
(7)
"HVAC" means a heating, ventilation, and air conditioning system and the specific
components that are a part of the system, including the gas line.
(8)
"HVAC contractor" means a person that performs or superintends 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
58-55-105(3)
.
(9)
(a)
"Residential and small commercial contractor" means a person that performs or
superintends the construction or supervision of the construction for:
(i)
a single-family residence;
(ii)
a multifamily residence with no more than four units; and
(iii)
a commercial structure that is three stories or less above ground and does not
exceed 20,000 square feet.
(b)
"Residential and small commercial contractor" does not include:
(i)
plumbing;
(ii)
electrical work;
(iii)
mechanical work;
(iv)
work related to the operational integrity of an elevator;
(v)
construction trade involving the installation of manufactured housing; or
(vi)
work the division determines by rule the division makes in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act, poses a substantial risk to
the public health, safety, and welfare unless the general building contractor holds
a specialty contractor license.
(c)
"Residential and small commercial contractor" includes the mechanical work for the
construction of single-family and multifamily residences of up to four units when the
mechanical work is performed by a licensed electrician as defined in Section
58-55-301
or a licensed plumber as defined in Section
58-55-401
that the residential
and small commercial contractor employs.
(10)
"Residential electrical contractor" means a person that performs or superintends:
(a)
the fabrication, construction, and installation of services;
(b)
the disconnection of means, grounding devices, panels, conductors, load centers,
lighting and plug circuits, appliances, and fixtures in a residential unit; or
(c)
any other work the division authorizes by rule in accordance with Subsection
58-55-105(3)
.
(11)
"Residential plumbing contractor" means a person that performs or superintends the
fabrication or installation of material and fixtures to create and maintain sanitary
conditions in a residential building by providing permanent means for:
(a)
a supply of safe and pure water;
(b)
the timely and complete removal from the premises of used or contaminated water,
fluid and semi-fluid organic wastes and other impurities incidental to life;
(c)
a safe and adequate supply of gas for lighting, heating, and residential purposes; or
(d)
other work the division authorizes by rule in accordance with Subsection
58-55-105(3)
.
(12)
"Specialty contractor" means a person that performs or superintends the construction
trades and crafts requiring specialized skill, the regulation of which the division
determines to be in the best interest of the public health, safety, and welfare.
Section 19. Section
58-55-203
is enacted to read:
58-55-203
. Qualifications for licensure.
(1)
Each applicant for a license under this part shall:
(a)
submit a completed application on a form the division approves;
(b)
pay the fee the division determines in accordance with Section
63J-1-504
;
(c)
complete a 25-hour pre-licensure course that:
(i)
is taught by an approved pre-licensure course provider;
(ii)
meets the requirements the commission makes with the concurrence of the
director and by rule in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act; and
(iii)
provides any offered test free of charge;
(d)
complete a five-hour business and law course that:
(i)
is taught by an approved pre-licensure course provider; and
(ii)
meets the requirements the commission makes with the concurrence of the
director and by rule in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act;
(e)
satisfy examination requirements the commission makes with the concurrence of the
director and by rule in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act; and
(f)
except for an applicant for a construction trades instructor license, provide evidence
of:
(i)
two-years' full-time, paid employment experience in the construction industry; and
(ii)
knowledge of business practices and principles necessary to protect the public
health, safety, and welfare.
(2)
An applicant for licensure as a construction trades instructor shall satisfy additional
requirements the division makes by rule the division makes in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act.
(3)
An applicant who is a licensed journeyman lineman in another jurisdiction may satisfy
Subsection
(1)(f)(i)
by meeting the requirements the division makes by rule in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(4)
A general engineering contractor may not perform or superintend:
(a)
construction of a structure built primarily for the support, shelter, and enclosure of
individuals, animals, or personal property;
(b)
plumbing work;
(c)
electrical work beyond underground electric utility conduit or electrical utilities;
(d)
high voltage utility work as the division defines by rule the division makes in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, without
a journeyman lineman;
(e)
mechanical work; or
(f)
work for which the general engineering contractor does not have the required
specialized engineering knowledge and skill.
(5)
An applicant for licensure as an HVAC contractor shall submit to the division
satisfactory evidence that the applicant:
(a)
completed two-years' full-time, paid employment requiring HVAC specific
experience; and
(b)
passed an examination the commission makes by rule with the director's concurrence
and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(6)
A specialty contractor may perform construction trade other than those in which the
specialty contractor is licensed if they are incidental to the performance of the specialty
contractor's licensed construction trade.
(7)
An applicant for a contractor license who is a building inspector may satisfy the
two-year experience requirement in Subsection
(1)(f)
by providing evidence of
two-years' of full-time, paid employment as a building inspector, including at least one
year as a licensed combination inspector.
(8)
Each qualifier shall meet the following additional requirements:
(a)
for residential electrical contractor licensure, the qualifier shall hold a master
electrician or master residential electrician license;
(b)
for electrical contractor licensure, the qualifier shall hold a master electrician license;
(c)
for residential plumbing contractor licensure, the qualifier shall hold a master
plumber license or master residential plumber license;
(d)
for plumbing contractor licensure, the qualifier shall hold a master plumber license;
or
(e)
for elevator contractor licensure, the qualifier shall hold an elevator mechanic license
and provide satisfactory evidence of three-years' experience as an elevator mechanic.
(9)
(a)
The qualifier and each individual holding at least a 10% voting interest shall:
(i)
consent to and complete a criminal background check as described in Section
58-1-301.5
;
(ii)
meet the background check standard the division makes by rule the division
makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act; and
(iii)
disclose criminal history on a form the division approves.
(b)
When the applicant is an unincorporated entity, the applicant shall provide, in
accordance with Subsection
58-55-112(2)
, a list of each individual holding an
ownership interest on the date the applicant applies for licensure.
(10)
(a)
Before the division issues a license, the applicant shall file with the division:
(i)
(A)
proof of workers' compensation insurance covering the applicant's
employees; or
(B)
a workers' compensation waiver if the applicant claims to not have any
employees;
(ii)
proof of public liability insurance in the coverage amounts and form the division
makes by rule in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act; and
(iii)
proof of registration as required by law with:
(A)
the Division of Corporations and Commercial Code;
(B)
the Unemployment Insurance Division in the Department of Workforce
Services, for purposes of Title 35A, Chapter 4, Employment Security Act;
(C)
the State Tax Commission; and
(D)
the Internal Revenue Service.
(b)
An applicant for licensure as a construction trades instructor is exempt from the
requirements under this Subsection
(10)
.
Section 20. Section
58-55-204
is enacted to read:
58-55-204
. Contractor continuing education requirements -- Continuing
education courses.
(1)
During each two-year license term the division establishes by rule in accordance with
Section
58-55-108
, a contractor shall complete six hours of continuing education.
(2)
(a)
Subject to Subsections
(2)(b)
through
(2)(e)
, the commission shall establish by
rule, made with the concurrence of the director and in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, approved continuing education for
contractor licensees.
(b)
The commission may only approve courses for continuing education if offered by:
(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 and 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;
(xii)
the Utah Roofing Contractors Association;
(xiii)
a state executive branch agency;
(xiv)
a workers' compensation insurance carrier that provides workers' compensation
insurance under Section
31A-22-1001
; or
(xv)
a nationally or regionally accredited college or university that has a physical
campus in the state.
(c)
Continuing education 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
(2)(d)(iii)
, an entity listed in
Subsections
(2)(b)(iv)
through
(2)(b)(xii)
may offer and market continuing
education courses only to a licensee who is a member of the entity.
(ii)
An entity described in Subsection
(2)(b)(iv)
, (2)(b)(vi), or (2)(b)(x) may offer and
market a continuing education course that the entity offers to a contractor in an
electrical trade.
(iii)
An entity described in Subsection
(2)(b)(v)
or
(2)(b)(viii)
may offer and market a
continuing education course only to a licensee who is licensed in the same
construction trade as the entity.
(e)
For an HVAC contractor, at least three of the six required continuing education hours
must directly relate to the installation, repair, or replacement of heating, ventilation,
or air conditioning systems.
(3)
The division may contract with a person to establish and maintain a registry of
continuing education that includes:
(a)
a list of approved continuing education courses; and
(b)
a list of courses that:
(i)
a licensed contractor completes; and
(ii)
the licensed contractor may access to monitor compliance with the continuing
education requirement.
(4)
The division may charge a fee in accordance with Section
63J-1-504
, to administer this
section.
Section 21. Section
58-55-205
is enacted to read:
58-55-205
. Financial responsibility.
(1)
Before issuing, renewing, or reinstating a contractor license, the division shall require
an applicant to demonstrate financial responsibility by:
(a)
(i)
completing a financial responsibility questionnaire the division prepares; and
(ii)
signing the questionnaire and certifying the accuracy of the information provided;
or
(b)
submitting a bond in the form and amount the commission determines by rule, made
with the concurrence of the director and in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act.
(2)
An applicant, a licensee, or a person that holds an ownership interest in an
unincorporated contractor licensee shall maintain financial responsibility throughout the
period of licensure.
(3)
At the division's discretion, the division may audit the financial responsibility of an
applicant, a licensee, or a person that holds an ownership interest in an unincorporated
entity licensee.
(4)
The applicant, the licensee, and a person that holds an ownership interest in an
unincorporated entity licensee bear the burden of demonstrating financial responsibility.
(5)
(a)
When reviewing the financial responsibility of an unincorporated entity, the
division:
(i)
shall consider the personal financial information of each person that holds an
ownership interest in the entity; and
(ii)
may at any time:
(A)
audit the personal financial information of a person that holds an ownership
interest; or
(B)
request and obtain a credit report for a person that holds an ownership interest.
(b)
If the division determines, based on the financial information of the applicant, the
licensee, or a person that holds an ownership interest in an unincorporated entity that
an applicant or licensee lacks the financial responsibility to engage successfully in
business as a contractor, the division may:
(i)
prohibit the person from engaging in a construction trade;
(ii)
prohibit the applicant or licensee from engaging in a construction trade unless the
applicant or licensed entity dissociates from the person the division determines
lacks financial responsibility within 10 days after the division makes the
determination of lack of financial responsibility; or
(iii)
require the applicant or licensee to post a bond that is:
(A)
in the amount and form the commission determines by rule, made with the
concurrence of the director and in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act; or
(B)
equal to 20% of the applicant or licensee's annual gross distributions to the
licensee's owners, including coverage for unpaid obligations including taxes.
Section 22. Section
58-55-206
, which is renumbered from Section 58-55-310 is renumbered
and amended to read:
58-55-310
58-55-206
. Requirements when working for political subdivision or
state agency.
Each political subdivision and agency of the state and each board of education which
requires the issuance of a permit or license as a precondition to the construction, alteration,
improvement, demolition, or other repairs for which a contractor's license is also required
under this chapter shall:
(1)
require that each applicant for a permit or license file a signed statement that the
applicant has a current contractor's license with the license number included in the
application;
(2)
require that any representation of exemption from the contractor's licensing law be
included in the signed statement and that if that exempt person, firm, corporation,
association, or other organization intends to hire a contractor to perform any work under
the permit or license, that the license number of that contractor be included in the
application, but if a contractor has not been selected at the time of the application for a
permit or license, the permit or license shall be issued only on the condition that a
currently licensed contractor will be selected and that the license number of the
contractor will be given to the issuing public body and displayed on the permit or license;
(3)
require that, upon issuance of a permit or license, the contractor affix the contractor's
license number to that permit or license for public display; and
(4)
require the contractor to provide proof that the contractor provides workers'
compensation insurance, pays into the unemployment insurance fund, provides health
insurance as required under federal or state law, and withholds applicable taxes from
worker pay.
A political subdivision or state agency that requires a permit as a precondition to
construction, alteration, improvement, demolition, or other repair work and requires a
contractor license shall:
(1)
require each contractor applying for a permit to include in the application a signed
statement verifying that the contractor holds a current contractor license and providing
the license number;
(2)
require any contractor applying for a permit that is claiming an exemption from the
contractor licensing requirement a signed statement that includes the exemption and
provides the license number of any contractor that the person intends to hire to perform
work under the permit;
(3)
issue a permit when no contractor has been selected at the time of application on the
condition that the applicant will:
(a)
select a currently licensed contractor;
(b)
provide the license number to the issuing entity; and
(c)
display the license number on the permit;
(4)
require the contractor, upon issuance of the permit, to affix the contractor's license
number to the permit for public display; and
(5)
require the contractor to provide proof of:
(a)
workers' compensation insurance;
(b)
contributions to the unemployment insurance fund;
(c)
health insurance coverage as required under federal or state law; and
(d)
proper withholding of all applicable taxes from worker pay.
Section 23. Section
58-55-207
is enacted to read:
58-55-207
. Payment -- Account designated.
(1)
A contractor that pays a material supplier, a contractor, or a subcontractor with which
the contractor maintains a running account, holds multiple contracts, or owes an
outstanding debt shall:
(a)
clearly designate the contract for which the payment is made; and
(b)
identify the specific items of account to which the payment applies.
(2)
A subcontractor or material supplier that receives a payment for materials or labor shall
require the person paying to:
(a)
clearly designate the contract for which the payment is made; and
(b)
identify the specific items of account to which the payment applies.
(3)
In an action to enforce a lien for materials provided or labor performed by a
subcontractor or material supplier, the owner may assert a defense to the lien if:
(a)
the owner paid the contractor for the materials and the contractor designated the
payment in accordance with Subsection
(1)
;
(b)
the contractor transferred the payment to the subcontractor or material supplier; and
(c)
the subcontractor or material supplier failed to require a designation of the account
and the specific items of account when receiving the payment.
Section 24. Section
58-55-208
is enacted to read:
58-55-208
. Payment of construction funds.
(1)
All unpaid construction funds are payable to the contractor as provided in Section
13-8-5
.
(2)
On projects involving multiple buildings, each building should be considered
individually in determining the amount to be paid to the contractor.
(3)
When a building is partially occupied, the owner shall pay the contractor in direct
proportion to the value of the part of the building occupied.
(4)
If any payment is retained or withheld, the retention or withholding shall be released as
provided in Section
13-8-5
.
Section 25. Section
58-55-209
is enacted to read:
58-55-209
. Payment to subcontractors and suppliers.
(1)
A contractor that receives construction funds for work performed and billed shall pay
each subcontractor and supplier in proportion to the work the subcontractor or supplier
performed on the work billed, unless otherwise agreed by contract.
(2)
(a)
A contractor shall pay a subcontractor or supplier on or before the later of:
(i)
30 calendar days after the day on which the contractor receives construction funds;
or
(ii)
the day after the day on which payment is due.
(b)
Unless otherwise agreed by contract or for reasonable cause, a contractor that
receives funds and does not comply with Subsection
(2)
(a) shall pay to the
subcontractor or supplier:
(i)
interest in the amount of 1% per month of the amount due, beginning on the day
after the day on which payment is due; and
(ii)
reasonable costs of collection and attorney fees.
(c)
The amounts described in Subsection
(2)(b)
are in addition to the payment due to the
subcontractor or supplier for work performed and billed.
(3)
When a subcontractor receives a construction payment under this section, Subsections
(1)
and
(2)
apply to the subcontractor.
Section 26. Section
58-55-210
is enacted to read:
58-55-210
. Proof of licensure to begin or maintain litigation.
A contractor may not bring or maintain a court action to collect compensation for work
requiring a license under this chapter unless the contractor alleges and proves that the
contractor held the required license:
(1)
when entering into the contract; and
(2)
when the cause of action arose.
Section 27. Section
58-55-211
is enacted to read:
58-55-211
. Pay statement required.
(1)
On the day on which a contractor licensed under this part pays an individual for work
that the individual performed, the contractor shall give the individual a written or
electronic pay statement that states:
(a)
the individual's name;
(b)
the individual's base rate of pay;
(c)
the dates of the pay period for which the individual is being paid;
(d)
if paid hourly, the number of hours the individual worked during the pay period;
(e)
the amount of and reason for money withheld in accordance with state and federal
law, including:
(i)
state and federal income tax;
(ii)
Social Security tax;
(iii)
Medicare tax; and
(iv)
court-ordered withholdings; and
(f)
the total amount paid to the individual for that pay period.
(2)
A person licensed under this chapter shall:
(a)
comply with the requirements described in Subsection
(1)
regardless of whether the
person pays the individual by check, cash, or other means;
(b)
retain a copy of each pay statement described in Subsection
(1)
for at least three
years after the day on which the person gives a copy of the pay statement to the
individual; and
(c)
upon request, make the pay statement records described in this section available to
the division for inspection.
Section 28. Section
58-55-212
, which is renumbered from Section 58-55-702 is renumbered
and amended to read:
58-55-702
58-55-212
. Construction Business Registry.
(1)
The division shall establish and maintain the Construction Business Registry as
described in this section.
(2)
The Construction Business Registry shall consist of a database of contact information
for licensed contractors.
(3)
Beginning January 1, 2023, the
The
division shall ensure that the Construction
Business Registry
is
:
(a)
is
accessible to the public through an
Internet
internet
website; and
(b)
is
indexed by:
(i)
the name of the licensed contractor
qualifier
;
(ii)
the name of the licensed contractor's licensed business;
(iii)
the classification of the licensed contractor, as described in Section
58-55-301
the license the contractor holds
; and
(iv)
any other identifier that the division considers reasonably appropriate.
(4)
The division may link
or otherwise associate
the Construction Business Registry with
the State Construction Registry under
Title 38, Chapter 1a, Part 2, State Construction
Registry
.
(5)
(a)
The division shall establish a process for a licensed contractor to:
(i)
before entry into the Construction Business Registry, specify the licensed
contractor's
provide the
contact information that the licensed contractor wants
included in the Construction Business Registry
before entry into the Construction
Business Registry
;
(ii)
opt out of participation in the Construction Business Registry
at any time
; or
(iii)
amend the licensed contractor's contact information in the Construction Business
Registry
at any time
.
(b)
If a licensed contractor does not specify the licensed contractor's contact information
for the Construction Business Registry, the division shall include in the Construction
Business Registry only public contact information for the licensed contractor.
(6)
The division may establish a fee in accordance with Section
63J-1-504
for the entry of a
licensed contractor's contact information into the Construction Business Registry to
offset the cost of creating, administering, and maintaining the Construction Business
Registry.
(7)
The division may make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to establish and maintain the Construction Business
Registry.
Section 29. Section
58-55-301
is repealed and reenacted to read:
3. Electricians
58-55-301
. Definitions.
As used in this part:
(1)
"Apprentice electrician" means an individual who is learning the electrician trade under
the immediate supervision of a master electrician, residential master electrician,
journeyman electrician, or a residential journeyman electrician in accordance with this
chapter.
(2)
(a)
"Electrical trade" means the performance of electrical work involving 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 an installation 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.
(3)
"Journeyman electrician" means an individual who performs the wiring, installation,
and repair of electrical apparatus and equipment for light, heat, power, and other
purposes.
(4)
"Journeyman lineman" means an individual who builds and maintains an electrical
power system, performs work on transmission lines or distribution lines from power
plants to customers and has completed a 7,000 hour certified apprenticeship program.
(5)
"Licensed electrician" means an individual who is licensed as an apprentice electrician,
a journeyman electrician, a master electrician, a residential journeyman electrician, or a
residential master electrician.
(6)
"Master electrician" means an individual who plans and supervises the wiring,
installation, and repair of electrical apparatus and equipment.
(7)
"Residential journeyman electrician" means an individual who wires, installs, and
repairs electrical apparatus and equipment for light, heat, power, and other purposes for
a residential project.
(8)
"Residential master electrician" means an individual who plans and supervises the
wiring, installation, and repair of electrical apparatus and equipment for light, heat,
power, and other purposes for a residential project.
(9)
"Residential project" means a residential building primarily wired with nonmetallic
sheathed cable that follows the National Electrical Code.
Section 30. Section
58-55-302
is repealed and reenacted to read:
58-55-302
. Electrician Education Fund.
(1)
There is created an expendable special revenue fund known as the Electrician Education
Fund.
(2)
The fund consists of money from a surcharge the division establishes in accordance
with Section
63J-1-504
, that the division collects on initial, renewal, and reinstatement
licensures for an apprentice electrician, a journeyman electrician, a master electrician, a
residential journeyman electrician, and a residential master electrician.
(3)
(a)
The surcharge may not exceed $5.
(b)
The surcharge described in Subsection
(3)(a)
is in addition to the surcharge described
in Section
58-55-106
.
(4)
(a)
The fund shall earn interest.
(b)
The division shall deposit the interest into the fund.
(5)
With the concurrence of the commission, the director may make distributions from the
fund for the following purposes:
(a)
education and training of licenses described in Subsection
(2)
; and
(b)
education and training of other individuals licensed under this chapter or the public
about electrical laws and practices.
(6)
If the balance in the fund is more than $100,000 at the end of any fiscal year, the
division shall transfer the amount that exceeds $100,000 to the General Fund.
(7)
The division shall report annually to the General Government Appropriations
Subcommittee on:
(a)
the balance in the fund; and
(b)
fund expenditures.
Section 31. Section
58-55-303
is repealed and reenacted to read:
58-55-303
. Qualifications for licensure.
(1)
An applicant for a license under this part shall:
(a)
submit an application the division approves;
(b)
pay the fee the division determines in accordance with Section
63J-1-504
; and
(c)
pass the examination requirements described in this section and in rules the
commission establishes by rule, made with the concurrence of the director and in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(2)
A master electrician applicant shall provide satisfactory evidence that the applicant:
(a)
graduated as an electrical engineer from an accredited college or university the
division approves and completed one year of practical electrical experience as a
licensed apprentice electrician;
(b)
graduated from an electrical trade school with an associate of applied sciences degree
in a course the division approves and completed two years' practical experience as a
licensed journeyman electrician;
(c)
completed four-years of practical experience as a licensed journeyman electrician; or
(d)
meets the qualifications for expedited licensure the commission establishes with the
concurrence of the director and by rule made in accordance with Title 63G, Chapter
3, Utah Administrative Rulemaking Act.
(3)
A master residential electrician applicant shall provide satisfactory evidence that the
applicant:
(a)
completed at least two-years' practical experience as a licensed residential
journeyman electrician; or
(b)
meets the qualifications for expedited licensure the commission establishes by rule,
made with the concurrence of the director and in accordance with Title 63G, Chapter
3, Utah Administrative Rulemaking Act.
(4)
A journeyman electrician applicant shall provide satisfactory evidence that the applicant:
(a)
successfully completed at least four-years' full-time training and instruction as a
licensed apprentice electrician under the supervision of a licensed master electrician
or a licensed journeyman electrician, in accordance with a training program the
division approves;
(b)
has at least eight-years' full-time experience the division approves in collaboration
with the Electricians and Plumbers Licensing Board; or
(c)
meets the qualifications for expedited licensure the commission establishes by rule,
made with the concurrence of the director and in accordance with Title 63G, Chapter
3, Utah Administrative Rulemaking Act.
(5)
A residential journeyman electrician applicant shall provide satisfactory evidence that
the applicant:
(a)
successfully completed two-years' training in an electrical training program the
division approves;
(b)
completed four-years' 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
(c)
meets the qualifications for expedited licensure the commission establishes by rule,
made with the concurrence of the director and in accordance with Title 63G, Chapter
3, Utah Administrative Rulemaking Act.
(6)
(a)
An apprentice electrician applicant shall identify to the division the proposed
supervisor of the apprenticeship.
(b)
Upon licensure, an apprentice electrician and the apprentice electrician's supervisor
shall:
(i)
ensure the apprentice electrician works under the immediate supervision of a
licensed master, journeyman, residential master, or residential journeyman
electrician for the initial three-years' training;
(ii)
allow the apprentice electrician, beginning in the fourth year of training, to work
without supervision for up to eight hours in any 24-hour period; and
(iii)
comply with rules the commission makes with the concurrence of the director
and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, regarding the ratio of apprentice electricians to supervisor.
Section 32. Section
58-55-304
is repealed and reenacted to read:
58-55-304
. Continuing education requirements for electricians.
(1)
During each two-year license term the division establishes by rule in accordance with
Section
58-55-108
, a licensed electrician shall complete 16 hours of continuing
education.
(2)
The commission, with the concurrence of the division, shall establish by rule, made in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, continuing
education for licensed electricians.
(3)
The division may contract with a person to establish and maintain a registry of
continuing education that includes:
(a)
an online application for a continuing education course provider to apply to the
division for approval of a course as continuing education;
(b)
a list of approved continuing education courses; and
(c)
a list of courses that:
(i)
a licensed electrician completes; and
(ii)
the licensed electrician may access to monitor compliance with the continuing
education requirement.
(4)
The division may charge a fee the division establishes in accordance with Section
63J-1-504
, to administer this section.
Section 33. Section
58-55-401
is repealed and reenacted to read:
4. Plumbers
58-55-401
. Definitions.
As used in this part:
(1)
"Apprentice plumber" means an individual who is learning the plumbing trade.
(2)
"Journeyman plumber" means an individual who engages in the plumbing trade.
(3)
"Licensed plumber" means an individual licensed as an apprentice plumber, a
journeyman plumber, a master plumber, a residential journeyman plumber, or a
residential master plumber.
(4)
"Master plumber" means an individual who plans and supervises projects in the
plumbing trade.
(5)
(a)
"Plumbing trade" means the performance of 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, 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 relating 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, and related devices, appurtenances,
and connections installed within the outside walls of the building.
(6)
"Residential building" means a single-family or multi-family dwelling with up to four
units.
(7)
"Residential journeyman plumber" means an individual who engages in the plumbing
trade exclusively in the plumbing of a residential building.
(8)
"Residential master plumber" means an individual who plans and supervises the
plumbing of a residential building.
Section 34. Section
58-55-402
is repealed and reenacted to read:
58-55-402
. Plumber Education Fund.
(1)
There is created an expendable special revenue fund known as the Plumber Education
Fund.
(2)
The fund consists of money from a surcharge, the division establishes in accordance
with Section
63J-1-504
, that the division collects on initial, renewal, and reinstatement
licensures for apprentice plumbers, journeyman plumbers, master plumbers, residential
journeyman plumbers, and residential master plumbers.
(3)
(a)
The surcharge may not exceed $5.
(b)
The surcharge described in Subsection
(3)(a)
is in addition to the surcharge described
in Section
58-55-106
.
(4)
(a)
The fund shall earn interest.
(b)
The division shall deposit the interest into the fund.
(5)
With the concurrence of the commission, the director may make distributions from the
fund for the following purposes:
(a)
education and training of licensees described in Subsection
(2)
; and
(b)
education and training of other individuals licensed under this chapter or the public
about plumbing laws and practices.
(6)
If the balance in the fund is more than $100,000 at the end of any fiscal year, the
division shall transfer the amount that exceeds $100,000 to the General Fund.
(7)
The division shall report annually to the General Government Appropriations
Subcommittee on:
(a)
the balance in the fund; and
(b)
fund expenditures.
Section 35. Section
58-55-404
is enacted to read:
58-55-404
. Qualifications for licensure.
(1)
An applicant for a license under this section shall:
(a)
submit an application the division approves;
(b)
pay the fee the division determines in accordance with Section
63J-1-504
; and
(c)
pass the examination requirements this section and rules the commission makes with
the concurrence of the director and in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, establishes.
(2)
A master plumber applicant shall provide satisfactory evidence that the applicant:
(a)
has two-years' supervisory experience as a licensed journeyman plumber in
accordance with division rule;
(b)
has received an associate of applied science degree or similar degree following
completion of a course of study the division approves and has one year of
supervisory experience as a licensed journeyman plumber in accordance with
division rule; or
(c)
meets the qualifications for expedited licensure the commission establishes by rule,
with the concurrence of the director and in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act.
(3)
A master residential plumber applicant shall provide satisfactory evidence that the
applicant:
(a)
has two-years' supervisory experience as a licensed residential journeyman plumber
in accordance with division rule; or
(b)
meets the qualifications for expedited licensure the commission establishes by rule,
with the concurrence of the director and in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act.
(4)
A journeyman plumber applicant shall provide satisfactory evidence that the applicant:
(a)
completed at least four-years' full-time training and instruction as a licensed
apprentice plumber under supervision of a licensed master plumber or journeyman
plumber, in accordance with a training program the division approves;
(b)
has at least eight-years' full-time experience the division approves in collaboration
with the Electricians and Plumbers Licensing Board; or
(c)
meets the qualifications for expedited licensure the commission establishes by rule,
with the concurrence of the director and in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act.
(5)
A residential journeyman plumber applicant shall provide satisfactory evidence that the
applicant:
(a)
completed at least three-years' 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 training program the division approves;
(b)
completed at least six-years' full-time experience in a maintenance or repair trade
involving substantial plumbing work; or
(c)
meets the qualifications for expedited licensure the commission establishes by rule,
with the concurrence of the director and in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act.
(6)
(a)
An apprentice plumber applicant shall identify to the division the proposed
supervisor of the apprenticeship.
(b)
Upon licensure, an apprentice plumber and the apprentice plumber's supervisor shall:
(i)
ensure the apprentice plumber works under the immediate supervision of a
licensed master, journeyman, residential master, or residential journeyman
plumber for the initial three-years' training;
(ii)
allow the apprentice plumber, beginning in the fourth year of training, to work
without supervision for up to eight hours in any 24-hour period; and
(iii)
comply with rules the commission makes, with the concurrence of the director,
under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the
ratio of apprentice plumbers to supervisor.
Section 36. Section
58-55-405
is enacted to read:
58-55-405
. Continuing education requirements for plumbers.
(1)
During each two-year license term the division establishes by rule in accordance with
Section
58-55-108
, a licensed plumber shall complete 12 hours of continuing education.
(2)
The commission shall establish by rule made in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, continuing education for licensed plumbers.
(3)
The division may contract with a person to establish and maintain a registry of
continuing education that includes:
(a)
an online application for a continuing education course provider to apply to the
division for approval of the course as continuing education;
(b)
a list of approved continuing education courses; and
(c)
a list of courses that:
(i)
a licensed plumber completes; and
(ii)
the licensed plumber may access to monitor compliance with the continuing
education requirement.
(4)
The division may charge a fee the division establishes in accordance with Section
63J-1-504
, to administer the requirements of this section.
Section 37. Section
58-55-501
is repealed and reenacted to read:
5. Miscellaneous Licenses
58-55-501
. Definitions.
As used in this part:
(1)
"Automatic fire sprinkler system" means a fire suppression system designed to detect
and automatically discharge an agent, a foam, or water over a fire.
(2)
"Commercial construction project" means a construction, alteration, repair, demolition,
or excavation project that does not involve:
(a)
single-family detached housing;
(b)
multi-family attached housing up to and including a fourplex; or
(c)
construction of a non-residential project that is fewer than two stories above ground.
(3)
(a)
"Crane" means 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.
(b)
"Crane" does not include a fork lift, a digger derrick truck, an aircraft, a bucket truck,
a knuckle boom, a side boom, or a mechanic's truck.
(4)
"Crane operator" means an individual who operates a crane.
(5)
(a)
"Elevator" means the same as that term is defined in Section
34A-7-202
;
(b)
"Elevator" does not include:
(i)
a stair chair;
(ii)
an incline platform lift; or
(iii)
a vertical platform lift.
(6)
"Elevator mechanic" means an individual who erects, constructs, installs, alters,
services, repairs, or maintains an elevator under the immediate supervision of an
elevator contractor.
(7)
"Elevator work" means constructing, maintaining, servicing, or repairing an elevator.
(8)
"Fire sprinkler contractor" means a contractor that installs, repairs, maintains, or
replaces an automatic fire sprinkler system.
(9)
"Gas corporation" means the same as that term is defined in Section
54-2-1
.
(10)
"Minimum system" means the minimum natural gas facilities necessary to serve each
intended consumer, as determined by a gas corporation.
(11)
(a)
"Natural gas facility" means:
(i)
one or more natural gas mains;
(ii)
one or more natural gas service lines; or
(iii)
a combination of Subsections
(11)(a)(i)
and
(ii)
.
(b)
"Natural gas facility" includes any necessary appurtenant facilities.
(12)
(a)
"Natural gas main" means a natural gas distribution pipeline that delivers natural
gas to another natural gas distribution supply line or to a natural gas service line.
(b)
"Natural gas main" does not include a natural gas service line.
(13)
"Natural gas service line" means a natural gas pipeline that carries natural gas from a
natural gas main to a meter for use by the final consumer.
(14)
"Natural gas tariff specifications" means the standards and specifications:
(a)
for the construction of natural gas facilities; and
(b)
that are:
(i)
established by a gas corporation; and
(ii)
included in the gas corporation's tariff that is approved by the Public Service
Commission.
(15)
"Qualifying installer" means a person that:
(a)
a gas corporation approves to install natural gas facilities; and
(b)
is licensed in accordance with Section
58-55-503
.
Section 38. Section
58-55-502
is repealed and reenacted to read:
58-55-502
. General p
rovisions.
(1)
(a)
The commission, with the concurrence of the director, may make rules in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
(i)
define and limit the scope of practice for licenses issued under this part; and
(ii)
establish operating standards consistent with practices in the relevant industry.
(b)
The commission, with the concurrence of the director, may limit the field and scope
of operations of a licensee under this chapter based on:
(i)
rules the commission makes in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act; and
(ii)
considerations of the public health, safety, and welfare, including the licensees'
education, training, experience, knowledge, and financial responsibility in
accordance with Section
58-55-205
.
(2)
This part does not prohibit a specialty contractor as defined in Section
58-55-202
, that is
licensed in accordance with Part 2, Contractors, from entering into a contract involving
two or more construction trades if the contracted construction trade is incidental to the
construction trade for which the contractor is licensed.
Section 39. Section
58-55-503
is repealed and reenacted to read:
58-55-503
. Gas appliances and combustion systems.
(1)
(a)
This section applies to:
(i)
an individual whose license authorizes the installation, repair, maintenance,
cleaning, or replacement of a residential or a commercial gas appliance or a
combustion system; and
(ii)
a person exempt from licensure under Section
58-55-110
.
(b)
A person described in Subsection
(1)(a)
shall:
(i)
first receive training and certification in accordance with rules the commission
makes with the concurrence of the director and in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act; and
(ii)
ensure that an employee performing work described in Subsection
(1)(a)(i)
first
receives training and certification as the division requires by rule the division
makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act.
(2)
The division may exempt an individual from the training requirements described in
Subsection
(1)(b)
if the division determines the individual has adequate experience.
(3)
The division may exempt an individual from the certification requirements described in
Subsection
(1)(b)
who:
(a)
(i)
passes a test equivalent to the level of testing the division requires for
certification; or
(ii)
completes an apprenticeship program that teaches the installation of gas line
appliances and is approved by the Federal Bureau of Apprenticeship Training; and
(b)
works under the immediate one-to-one supervision of a certified natural gas
technician or a person exempt from certification.
Section 40. Section
58-55-504
is amended to read:
58-55-504
. Crane operators.
(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)
.
(1)
To operate a crane on a commercial construction project, an individual shall obtain
certification as a crane operator from:
(a)
the National Commission for the Certification of Crane Operators; or
(b)
another organization the division determines offers an equivalent testing and
certification program that complies with:
(i)
the requirements of the American Society of Mechanical Engineers ASME B30.5;
and
(ii)
the accreditation requirements of the National Commission for Certifying
Agencies.
(2)
An individual engaged in construction or operation incidental to petroleum refining, or
to electrical utility construction or maintenance, is exempt from the certification
requirement.
Section 41. Section
58-55-505
is enacted to read:
58-55-505
. Automatic fire sprinkler contractor.
(1)
A fire sprinkler contractor shall have a qualifier that meets the requirements described in
Section
58-55-107
and in Subsection
(2)
.
(2)
The qualifier for a fire sprinkler contractor shall:
(a)
be a qualifier for a licensed general building contractor; or
(b)
submit evidence to the division of:
(i)
completing a United States Department of Labor federally approved apprentice
training program, or two-years' experience supervised by a certified fire sprinkler
contractor;
(ii)
passing the STAR Fire Sprinklerfitting Mastery Examination offered by the
National Inspection Testing and Certification Corporation or an equivalent
examination the division approves; or
(iii)
demonstrating to the division the equivalent training and experience, as the
division determines by rules made with the director's concurrence and in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Section 42. Section
58-55-506
is enacted to read:
58-55-506
. Elevator mechanic qualifications for licensure.
(1)
An applicant for licensure as an elevator mechanic shall:
(a)
provide documentation showing at least three-years' work experience in the elevator
industry, in construction, maintenance, or service and repair;
(b)
pass a written examination that the division administers by rule the division makes in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or
(c)
provide a certificate of completion from an elevator mechanic apprenticeship
program that:
(i)
meets standards substantially equal to those in this chapter; and
(ii)
is registered with the United States Department of Labor Bureau of
Apprenticeship and Training or a state apprenticeship council.
(2)
(a)
If a licensed elevator contractor cannot find a licensed elevator mechanic to
perform elevator work, the contractor shall notify the division about the shortage of
licensed personnel.
(b)
A licensed elevator contractor shall request that the division issue a temporary
elevator mechanic license to an individual whom the contractor certifies has an
acceptable combination of documented experience and education to perform elevator
work.
(c)
If a licensed elevator contractor requests a temporary elevator mechanic license
under Subsection
(2)(b)
, the division may issue the temporary license to the
individual the licensed elevator contractor certifies if the individual:
(i)
applies to the division; and
(ii)
pays the fee the division determines in accordance with Section
63J-1-504
.
(d)
The division shall specify the time period for which the temporary license is valid.
(e)
The division may renew a temporary elevator mechanic license if the division
determines that a shortage of licensed elevator mechanics continues.
Section 43. Section
58-55-507
is enacted to read:
58-55-507
. Elevator mechanic continuing education requirements.
(1)
During each two-year license term the division establishes by rule in accordance with
Section
58-55-108
, a licensed elevator mechanic shall complete eight hours of
continuing education.
(2)
The commission shall establish by rule made in accordance with Title
63G, Chapter 3
,
Utah Administrative Rulemaking Act, continuing education for licensed elevator
mechanics.
(3)
The division may contract with a person to establish and maintain a registry of
continuing education that includes:
(a)
a list of approved continuing education; and
(b)
a list of courses that:
(i)
a licensed elevator mechanic completes; and
(ii)
the licensed elevator mechanic may access to monitor compliance with the
continuing education requirement.
(4)
The division may charge a fee the division establishes in accordance with Section
63J-1-504
, to administer this section.
Section 44. Section
58-55-508
is enacted to read:
58-55-508
. Qualifying installer -- Natural gas facilities.
(1)
(a)
Except as provided in Subsections
(1)(b)
and
(c)
, a qualifying installer shall pay
the costs to install natural gas facilities.
(b)
A gas corporation shall pay the engineering, inspecting, mapping, and locating costs
of natural gas facilities that a qualifying installer installs.
(c)
If a gas corporation requires a qualifying installer to install natural gas facilities that
are greater than the minimum system, the gas corporation shall pay the difference in
cost between the required natural gas facilities and the minimum system.
(2)
A gas corporation shall verify through inspection and testing that natural gas facilities
that a qualifying installer installs comply with applicable federal, state, and local law
and natural gas tariff specifications.
(3)
A gas corporation is not required to supply natural gas to or accept ownership of natural
gas facilities until the gas corporation completes any necessary inspection to verify that
the natural gas facilities are installed and tested in compliance with applicable federal,
state, and local law and natural gas tariff specifications.
Section 45. Section
58-55-601
is repealed and reenacted to read:
6. Unlawful and Unprofessional Conduct
58-55-601
. Unlawful conduct.
A person engages in unlawful conduct if the person:
(1)
engages in a construction trade, acts as a contractor, or represents that the person
engages in a construction trade or acts as a contractor in a trade requiring licensure
without holding a license or qualifying for an exemption under this chapter;
(2)
acts in a construction trade beyond the scope of the license the person holds;
(3)
hires or employs an unlicensed person to perform work that requires a license, unless
that person is an employee of a licensed person, paid wages, and is not otherwise
required to hold a license;
(4)
applies for or obtains a building permit without holding a license or qualifying for an
exemption under this chapter;
(5)
issues a building permit to a person that does not provide evidence of a current license
or exemption;
(6)
applies for or obtains a building permit to benefit or assist a person that must hold a
license under this chapter but does not hold one or does not otherwise qualify;
(7)
fails to obtain a building permit when required by law or rule;
(8)
submits a bid for work requiring a license without holding a license or qualifying for an
exemption;
(9)
willfully or deliberately misrepresents or omits a material fact when applying to obtain
or renew a license;
(10)
allows another person to use the person's license, except as permitted by statute or rule;
(11)
does business under a name other than the name on the license, unless statute or rule
allows otherwise;
(12)
fails to directly supervise an apprentice electrician or an apprentice plumber or exceeds
the permitted number of apprentices to supervisor;
(13)
as a contractor, receives funds from a person to pay for work performed or materials
and services provided for a specific project, and after receiving the funds, fails to pay all
amounts due to those who performed the work or provided materials or services within a
reasonable time;
(14)
willfully or deliberately disregards or violates:
(a)
state or local building or construction laws;
(b)
safety and labor laws applicable to a project;
(c)
health laws applicable to a project;
(d)
workers' compensation insurance laws;
(e)
laws governing employee income tax, unemployment tax, Social Security tax, or
other required withholdings; or
(f)
state or federal reporting, notification, and filing laws;
(15)
engages in residential construction of up to two units without registering as a qualified
beneficiary or obtaining an exemption under Title 38, Chapter 11, Residence Lien
Restriction and Lien Recovery Fund Act;
(16)
as an original contractor, as defined in Section
38-11-102
, fails to include the notice
required under Section
38-11-108
in a written contract;
(17)
wrongfully files a preconstruction or construction lien in violation of Section
38-1a-308
;
(18)
as a contractor, fails to complete required continuing education under this chapter;
(19)
as an unincorporated entity licensed under this chapter:
(a)
allows an interest owner to engage in a construction trade in the state while not
lawfully present in the United States; or
(b)
provides labor to another licensed entity by supplying an interest owner to engage in
a construction trade in the state while not lawfully present in the United States;
(20)
as an unincorporated entity, fails to provide for an individual who engages or will
engage in a construction trade in the state:
(a)
workers' compensation coverage as required under Title 34A, Chapter 2, Workers'
Compensation Act, or Title 34A, Chapter 3, Utah Occupational Disease Act, or as
would be required if licensed under this chapter; or
(b)
unemployment compensation under Title 35A, Chapter 4, Employment Security Act,
for an individual who owns less than an 8% interest in the entity, as defined by rule;
(21)
as an unincorporated entity:
(a)
allows an owner to engage in a construction trade using a social security number that
does not belong to that individual; or
(b)
provides labor to another licensed entity by supplying an individual who uses a
social security number that does not belong to that individual;
(22)
as a sign installation contractor or nonelectrical outdoor advertising sign contractor, as
described by rule the division makes in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, fails to:
(a)
prominently display the contractor's business name and license number on a vehicle
used for business; or
(b)
carry a copy of the contractor's license in any vehicle used at a job site;
(23)
as a contractor, fails to comply with requirements a political subdivision, state agency,
or board of education imposes in accordance with Section
58-55-206
;
(24)
as a contractor, fails to comply in a timely manner with requirements described in
Section
58-55-211
;
(25)
engages in the installation, repair, maintenance, cleaning, or replacement of a
residential or a commercial gas appliance or a combustion system without the
certification described in Section
58-55-503
, or allows an employee to do so; or
(26)
operates a crane without the certification described in Section
58-55-504
.
Section 46. Section
58-55-602
is repealed and reenacted to read:
58-55-602
. Penalty for unlawful conduct.
(1)
(a)
An individual commits a class A misdemeanor by violating:
(i)
Section
58-55-503
;
(ii)
Section
58-55-504
;
(iii)
Subsections
58-55-601(1)
through
(7)
,
(9)
, (10), and (12), (14)(e), or (21)
through (24); or
(iv)
failing to comply with a citation issued under this chapter.
(b)
An individual who violates Subsection
58-55-601(8)
may not receive or accept a
contract to perform work or act as a qualifier.
(2)
(a)
An individual commits an infraction by violating Subsection
58-55-601(13)
.
(b)
An individual commits theft under Section
76-6-404
if the individual violates
Subsection
58-55-601(13)
and intends to deprive the payee of money owed.
Section 47. Section
58-55-603
is repealed and reenacted to read:
58-55-603
. Unprofessional conduct.
A person engages in unprofessional conduct if the person:
(1)
fails to establish, maintain, or demonstrate financial responsibility in accordance with
Section
58-55-205
, while holding a contractor license under Part 2, Contractors;
(2)
disregards or violates, through gross negligence or a pattern of negligence:
(a)
state or local building or construction laws;
(b)
safety and labor laws applicable to a project;
(c)
health laws applicable to a project;
(d)
workers' compensation insurance laws applicable to a project;
(e)
laws governing employee state and federal income tax withholdings, unemployment
tax, Social Security payroll tax, or other required withholdings; or
(f)
state or federal reporting, notification, and filing laws;
(3)
commits, causes, or directs a willful, fraudulent, or deceitful act that causes material
injury to another person;
(4)
commits a contract violation that threatens or potentially threatens the public health,
safety, or welfare, including when the person:
(a)
willfully, deliberately, or with gross negligence disregards plans or specifications,
abandons a project, or fails to complete a project without obtaining consent from the
owner, the owner's authorized representative, or any other person entitled to
completion under the contract;
(b)
fails to deposit funds for the benefit of an employee;
(c)
fails to maintain health insurance benefits required by a written contract, unless the
person provides the employee with written notice at least 45 days before canceling or
reducing a health insurance benefit;
(d)
fails to reimburse the Residence Lien Recovery Fund as required under Section
38-11-207
;
(e)
fails to provide information required under Section
38-11-108
; or
(f)
willfully or deliberately misrepresents or omits a material fact when applying to
claim recovery from the Residence Lien Recovery Fund under Section
38-11-204
;
(5)
fails to comply with operating standards described in Section
58-55-502
;
(6)
as an unincorporated entity, fails to provide workers' compensation coverage as required
under Title 34A, Chapter 2, Workers' Compensation Act, and Title 34A, Chapter 3, Utah
Occupational Disease Act, for an individual who engages or will engage in a
construction trade in this state for the entity;
(7)
fails to continuously maintain insurance and registration as required under Section
58-55-204
; or
(8)
fails to comply with Section
58-55-107
.
Section 48. Section
58-55-604
is repealed and reenacted to read:
58-55-604
. Citations -- Fines -- License suspension-- License revocation.
(1)
As used in this section, "qualifying violation" means a violation of:
(a)
Section
58-55-503
;
(b)
Section
58-55-504
;
(c)
Subsections
58-55-601(1)
through
(3)
, (7), (9), (10), (12), (14)(e), and (16), or
Subsection
58-55-601(18)
through
(24)
; or
(d)
Subsection
58-55-602(4)
or
(6)
.
(2)
(a)
If an investigation shows a person committed a qualifying violation, or violated a
division rule or order related to a qualifying violation, the division shall:
(i)
issue a citation;
(ii)
attempt a stipulated settlement; or
(iii)
require the person to appear in an adjudicative proceeding in accordance with
Title 63G, Chapter 4, Administrative Procedures Act.
(b)
The division may assess a fine and issue a cease-and-desist order based on:
(i)
an uncontested citation;
(ii)
a stipulated settlement; or
(iii)
a violation finding in an adjudicative proceeding regarding a qualifying violation.
(3)
(a)
Each citation shall:
(i)
be in writing;
(ii)
describe the qualifying violation with specific reference to statute, rule, or order;
(iii)
instruct the recipient to request a hearing in writing within 20 calendar days after
the day on which the division issues the citation if the recipient contests; and
(iv)
state the consequences of failing to contest or pay fines.
(b)
The division may serve the citation:
(i)
according to the Utah Rules of Civil Procedure;
(ii)
in person or through an agent; or
(iii)
by mail.
(c)
If the recipient does not request a hearing within 20 calendar days after the day on
which the citation is issued, the citation becomes a final division order.
(d)
The division may extend the 20 calendar day period for cause.
(4)
(a)
The division may deny, suspend, revoke, place on probation, or refuse to issue or
renew the license of a person that does not comply with a final citation.
(b)
The division shall issue a citation within one year of the reported qualifying violation.
(5)
The director or the director's designee shall assess fines as follows:
(a)
except as provided in Subsection
(5)(b)
, for a qualifying violation:
(i)
for a first offense, up to $1,000;
(ii)
for a second offense, up to $2,000; and
(iii)
for an additional qualifying violation, other than a violation described in
Subsection
58-55-601(14)(e)
or
(24)
, up to $2,000 per day of continued offense;
and
(b)
for a violation of Subsection
58-55-601(14)(e)
or
(24)
:
(i)
for a first offense, up to $2,000;
(ii)
for a second offense, up to $4,000; and
(iii)
for an additional violation of Subsection
58-55-601(14)(e)
or
(24)
, up to $4,000
per day of continued qualifying violation.
(6)
(a)
Except as provided in Subsection
(8)
, the division shall consider a qualifying
violation a second or additional offense if:
(i)
a prior final order established a qualifying violation; or
(ii)
the division initiated an action for an earlier offense and finds a second qualifying
violation during a new investigation before resolving the initial case.
(b)
The division shall follow this section when issuing final orders for repeated
qualifying violations.
(7)
(a)
The division shall revoke a license if the licensee violates Subsection
58-55-601(19)
or
(20)
two or more times in a 12-month period.
(b)
The division may exempt a licensee from revocation under Subsection
58-55-601(19)
if the licensee proves the licensee verified the individual's federal work status using a
status verification system under Section
13-47-102
.
(c)
Each qualifying violation under Subsection
58-55-601(20)
or
(21)
involving a
different individual counts as a separate qualifying violation.
(8)
If five or more years pass between qualifying violations, the division may not treat a
new qualifying violation as a second or additional qualifying violation.
(9)
The division may treat each instance of the same type of qualifying violation under
Section
58-55-601
as a separate offense and may impose a separate penalty for each.
(10)
The division and commission may suspend a license if:
(a)
the licensee receives a citation for violating:
(i)
Section
58-55-503
;
(ii)
Section
58-55-504
; or
(iii)
Section
58-55-601
; or
(b)
the licensee fails to:
(i)
apply for a new license for a new business structure;
(ii)
maintain or demonstrate financial responsibility in accordance with Section
58-55-205
, while holding a contractor license under Part 2, Contractors; or
(iii)
notify the division of insurance loss or change in qualifier.
Section 49. Section
58-55-605
is repealed and reenacted to read:
58-55-605
. Grounds for denial of license and disciplinary proceedings.
(1)
In accordance with Section
58-1-401
, if an applicant or licensee does not meet the
qualifications for licensure, the division may:
(a)
refuse to issue or renew a license;
(b)
revoke the right of a licensee to recover from the Residence Lien Recovery Fund
created by Section
38-11-201
;
(c)
revoke, suspend, or restrict a license;
(d)
issue a public or private reprimand to an applicant or a licensee; and
(e)
issue a cease-and-desist order.
(2)
In addition to an action taken under Subsection
(1)
, the division may take an action
described in Subsection
58-1-401(2)
in relation to a contractor license, if:
(a)
the applicant or licensee is an unincorporated entity; and
(b)
an individual who holds an ownership interest in or is the qualifier under Section
58-55-108
engages in:
(i)
unlawful conduct as described in Section
58-55-601
; or
(ii)
unprofessional conduct as described in Section
58-55-602
.
Section 50. Section
58-55-606
is enacted to read:
58-55-606
. Investigation of a regulated activity.
(1)
The division shall be responsible for the investigation of a person or an activity that
violates the provisions of this chapter.
(2)
(a)
The division shall investigate:
(i)
a licensee alleged to engage in unlawful or unprofessional conduct; and
(ii)
an unlicensed person engaged in a construction trade regulated under this chapter.
(3)
If the division finds there is no apparent material jeopardy to the public health, safety,
or welfare, the division shall decline investigation of an alleged violation of this chapter.
(4)
(a)
The division shall inspect construction trade to determine compliance with
Subsections
58-1-501(2)(a)(vii)
,
58-55-601(14)
, and
58-55-602(2)
through
(4)
.
(b)
Except for Subsection
(4)(a)
, the division has no obligation to inspect construction
trade to determine compliance with applicable code or industry standard.
(5)
An authorized representative of the division may enter the premises or a site to inspect
work regulated under this chapter for compliance.
Section 51. Section
58-55-607
is enacted to read:
58-55-607
. Collection -- Enforcement.
(1)
The division shall deposit collected fines into the Commerce Service Account created
under Section
13-1-2
.
(2)
If a person fails to pay a penalty, the director may:
(a)
refer the case to a collection agency; or
(b)
file a district court action in the person's county or the county where the director's
office is located.
(3)
The county attorney or attorney general shall provide legal support in penalty collection
actions.
(4)
The court shall award attorney fees and costs to the prevailing party in such actions.
Section 52. Section
58-91-101
is enacted to read:
91. Alarm Company Licensing Act
1. General Provisions
58-91-101
. Definitions.
As used in this chapter:
(1)
(a)
"Alarm company" means a person that installs, maintains, alters, repairs, replaces,
services, or monitors an alarm system.
(b)
"Alarm company" does not include:
(i)
a person that manufactures or sells an alarm system unless:
(A)
that person installs, maintains, alters, repairs, replaces, services, or monitors
the alarm system;
(B)
the manufacture or sale occurs at a location other than the person's established
place of business; or
(C)
the manufacture or sale involves a site visit where the alarm system will be
installed; or
(ii)
the owner of an alarm system, or an employee of the owner of an alarm system,
who installs, maintains, alters, repairs, replaces, services, or monitors the alarm
system.
(2)
(a)
"Alarm company agent" means an individual that an alarm company employs
within this state that sells, installs, maintains, alters, repairs, replaces, services, or
monitors an alarm system.
(b)
"Alarm company agent" does not include an individual who does not 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 privately owned; 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 a person with control of or power of administration
over an alarm company held in trust.
(7)
(a)
"Alarm system" means equipment for detecting and signaling unauthorized
intrusion or entry into or onto a protected premises.
(b)
"Alarm system" includes a battery-charged suspended-wire system or fence that
interfaces with an alarm system.
(8)
"Board" means the Alarm System Security and Licensing Board created in Section
58-91-201
.
(9)
"Control position" means a person that exercises direct or indirect control over an entity.
(10)
"Control position" includes:
(a)
a corporate officer or a director;
(b)
a shareholder who owns 25% or more of the stock;
(c)
a partner or a member; and
(d)
a qualifier.
(11)
"Employee" means an individual the division defines by rule in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act, giving consideration to the
definition adopted by the Internal Revenue Service and the Department of Workforce
Services.
(12)
"Qualifier" means the individual who has the license that allows an alarm company to
engage as a licensed alarm company.
(13)
"Responsible management personnel" means:
(a)
a qualifier;
(b)
an operations manager; or
(c)
a site manager.
(14)
"Sensitive alarm system information" means:
(a)
a passcode or other code used in the operation of an alarm system;
(b)
the location of alarm system components at the premises of a customer of the alarm
company providing the alarm system;
(c)
information that would allow the compromise of an alarm system of a customer of
the alarm company providing the alarm system; or
(d)
other similar information that the division by rule determines to be information that
an individual an alarm company employs should use or have access to only if the
individual is licensed in accordance with this chapter.
(15)
"Substance use disorder" means the same as that term is defined in the current edition
of the Diagnostic and Statistical Manual of Mental Disorders published by the American
Psychiatric Association.
(16)
"Unlawful conduct" means the same as that term is defined in Sections
58-1-501
and
58-91-501
.
(17)
"Unprofessional conduct" means the same as that term is defined in Sections
58-1-501
and
58-91-502
and as may be further defined by rule.
(18)
"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.
Section 53. Section
58-91-102
is enacted to read:
58-91-102
. Surcharge.
(1)
(a)
The division shall collect a $1 surcharge from each applicant for an initial license,
a renewal of a license, or a reinstatement of a license.
(b)
The surcharge described in Subsection
(1)(a)
is in addition to other fees this chapter
or the division authorizes in accordance with Section
63J-1-504
.
(2)
(a)
The division shall deposit the surcharge into the General Fund as a dedicated
credit.
(b)
The division shall use the dedicated credits to provide a licensee with access to an i
nternet-based library of national, state, and local building codes and standards.
Section 54. Section
58-91-103
is enacted to read:
58-91-103
. Proof of licensure to begin or maintain litigation.
An alarm company may not bring or maintain a court action to collect compensation for
work requiring a license under this chapter unless the alarm company alleges and proves that
the alarm company held the required license:
(1)
when entering into the contract; and
(2)
when the cause of action arose.
Section 55. Section
58-91-201
is enacted to read:
2. Board
58-91-201
. Board.
(1)
(a)
There is created the Alarm System Security and Licensing Board consisting of the
following members:
(i)
three individuals who are alarm company officers or alarm company owners;
(ii)
one individual from among nominees of the Utah Peace Officers Association; and
(iii)
one individual who is a member of the general public and who has never been an
alarm company owner, an alarm company officer, or an alarm company agent.
(b)
The Alarm System Security and Licensing Board shall designate a member to:
(i)
assist the division in reviewing complaints concerning the unlawful or
unprofessional conduct of a licensee; and
(ii)
advise the division in the division's investigation of complaints.
(c)
A board member who advises in the investigation of a complaint is disqualified from
participating with the board when the board serves as a presiding officer in an
adjudicative proceeding concerning the complaint.
(2)
The duties, functions, and responsibilities of the board include:
(a)
recommending rules;
(b)
recommending 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)
establishing standards of supervision for students or individuals in training to qualify
for a license as an alarm company or as an alarm company agent; and
(f)
acting as the presiding officer in conducting a hearing associated with an adjudicative
proceeding and in issuing recommended orders.
Section 56. Section
58-91-301
is enacted to read:
3. Licensing
58-91-301
. License required -- License classifications -- Scope.
(1)
(a)
A person shall obtain a license under this chapter before engaging as an alarm
company or an alarm company agent unless the person is exempt from licensure
under Section
58-1-307
or
58-91-306
.
(b)
The only licenses required for the licensee to engage as an alarm company or an
alarm company agent are:
(i)
a license issued under this chapter; and
(ii)
a business license from the local jurisdiction where the licensee maintains the
licensee's principal place of business.
(c)
The state or a political subdivision may not impose additional requirements on a
licensee to do business except:
(i)
contract prequalification procedures a state agency requires; or
(ii)
the payment of fees a local jurisdiction makes as a condition for doing business.
(2)
The division shall issue a license under this chapter to a qualified person in the
following classifications:
(a)
alarm company; or
(b)
alarm company agent.
(3)
The installation, repair, maintenance, or replacement of a battery-charged
suspended-wire system or fence requires licensure under this chapter when the
battery-charged suspended-wire system or fence:
(a)
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;
(b)
is located on property that is not designated by a municipality or county for
residential use;
(c)
is driven by a commercial storage battery that provides no more than 12 volts of
direct current;
(d)
is capable of producing an electric charge on contact that does not exceed energizer
characteristics set for electric fence energizers by the International Electrotechnical
Commission;
(e)
is surrounded by a nonelectric perimeter fence or wall that is at least five feet in
height;
(f)
is not more than the higher of:
(i)
two feet higher than the height of the nonelectric perimeter fence or wall; or
(ii)
10 feet in height;
(g)
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
(h)
meets rules related to battery-charged suspended-wire systems or fences that the
division adopts with the board's concurrence and in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act.
Section 57. Section
58-91-302
is enacted to read:
58-91-302
. Licensee names -- License number use -- Qualifier.
(1)
The division may not issue a license in a name that the division determines may result in
confusion for the name of another licensee.
(2)
Except as provided in Subsection
(1)
, the division shall issue a license in the name of an
alarm company if the alarm company applicant meets the requirements under this
chapter.
(3)
The division shall require the alarm company's license number on permit applications,
contracts, agreements, or bids that require a license.
(4)
(a)
The division shall require an alarm company to have a qualifier.
(b)
An individual acting as a qualifier for an alarm company shall demonstrate to the
division that the individual is an alarm company officer, an alarm company owner, or
manager of the alarm company who exercises material authority in the conduct of the
alarm company by:
(i)
making substantive technical and administrative decisions relating to the work
performed for which a license under this chapter is required;
(ii)
hiring, promoting, transferring, laying off, disciplining, directing, or discharging
employees of the alarm company; and
(iii)
avoiding involvement in other employment or activity that conflict with the
individual's duties and responsibilities to ensure the licensee does not jeopardize
the public health, safety, and welfare.
(5)
(a)
The division may take action against:
(i)
an individual licensee that violates the requirements of this section;
(ii)
a contractor licensee if the qualifier or contractor licensee violates the
requirements of this section; and
(iii)
a qualifier if the qualifier or contractor licensee violates the requirements of this
section.
(b)
The division may consider failure to comply with the requirements of this section to
be unprofessional conduct by the licensee, the qualifier, or both.
(6)
(a)
If a qualifier for an alarm company ceases association with the alarm company,
the alarm company shall notify the division in writing within 10 days after the day on
which the association ceases.
(b)
If notice is given, the alarm company's license shall remain in force for 60 days after
the day on which the association ceases.
(c)
The division shall suspend the alarm company's license if the alarm company does
not replace the original qualifier with another qualifier within the 60-day period.
(7)
The division may suspend the alarm company's license if the alarm company does not
notify the division of cessation of association of a qualifier.
Section 58. Section
58-91-303
is enacted to read:
58-91-303
. Term of license -- Expiration -- Renewal and reinstatement.
(1)
(a)
The division shall issue a license for a term of two years as the division
establishes by rule the division makes in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act.
(b)
The division may extend or shorten a license term by up to one year to stagger
renewals as the division determines by rule in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act.
(2)
(a)
The division shall renew or reinstate an individual license after the applicant:
(i)
submits an application in the individual's name; and
(ii)
meets all other requirements of this chapter.
(b)
The division shall renew or reinstate an alarm company's license after the applicant:
(i)
submits the application in the name of and on behalf of an alarm company;
(ii)
lists the individual acting as the qualifier for the alarm company;
(iii)
provides evidence that the qualifier has passed the required examination; and
(iv)
meets all other requirements of this chapter.
(3)
Each license expires on the expiration date shown on the license.
(4)
In addition to requirements imposed by law, an applicant applying for reinstatement of a
license the division suspended or revoked shall:
(a)
pay fines the division imposes; and
(b)
resolve outstanding citations or disciplinary actions with the division.
Section 59. Section
58-91-304
is enacted to read:
58-91-304
. Qualifications for licensure.
(1)
Each applicant for a license as an alarm company shall:
(a)
submit an application the division approves;
(b)
pay the fee the division determines in accordance with Section
63J-1-504
;
(c)
have a qualifier who:
(i)
is an alarm company officer, alarm company owner, alarm company proprietor,
alarm company trustee, or other responsible management personnel;
(ii)
demonstrates 6,000 hours of experience in the alarm company business;
(iii)
demonstrates 2,000 hours of experience as a manager or administrator in the
alarm company business or in a construction business;
(iv)
passes an examination the division makes in collaboration with the board;
(v)
requires 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 individual'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 background check standards the division makes by rule under Title 63G,
Chapter 3, Utah Administrative Rulemaking Act; and
(D)
disclose criminal history the division requests on a form the division approves;
(vi)
documents that none of the individuals described in Subsection
(1)(c)(v)
:
(A)
are declared by a court with jurisdiction incompetent by reason of mental
defect or disease and not been restored; or
(B)
are currently suffering from a substance use disorder;
(vii)
files and maintains with the division evidence of:
(A)
comprehensive general liability insurance in form and in amounts the division
determines by rule made in collaboration with the board in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(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 Division of Corporations
and Commercial Code, the Unemployment Insurance Division in the
Department of Workforce Services for purposes of Title 35A, Chapter 4,
Employment Security Act, the State Tax Commission, and the Internal
Revenue Service; and
(viii)
meets with the division and board if the division or the board requests.
(2)
Each applicant for a license as an alarm company agent shall:
(a)
submit an application in a form the division approves;
(b)
submit fingerprints in a form the division approves;
(c)
pay the fee the division determines in accordance with Section
63J-1-504
;
(d)
consent to and complete a criminal background check described in Section
58-1-301.5
;
(e)
meet background check standards the division makes by rule under Title 63G,
Chapter 3, Utah Administrative Rulemaking Act;
(f)
disclose criminal history the division requests on a form the division approves;
(g)
attest the applicant has not been declared by a court with jurisdiction incompetent by
reason of mental defect or disease and not been restored;
(h)
attest the applicant is not currently suffering from a substance use disorder; and
(i)
meet with the division and board if the division or the board requests.
(3)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division may make rules establishing when the division shall check Federal Bureau of
Investigation records for an alarm company or an alarm company agent applicant under
this section and Section
58-1-301.5
.
(4)
(a)
The division shall deny an application for licensure under this chapter if:
(i)
the applicant has had a previous license 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)
a person that serves the applicant entity in a control position previously served
in a control position for an entity that held a license the division suspended or
revoked less than two years before the date of the application; or
(iii)
(A)
the applicant is an individual or sole proprietorship; and
(B)
any person that served in a control position 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.
(b)
The 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)
a person that serves the applicant entity in a control position previously served
in a control position for an entity that held a license the division suspended or
revoked less than two years before the date of the application; or
(iii)
(A)
the applicant is an individual or sole proprietorship; and
(B)
a person that serves the applicant entity in a control position previously served
in a control position for an entity that held a license that the division suspended
or revoked two years or more before the date of the application.
Section 60. Section
58-91-305
is enacted to read:
58-91-305
. Evidence of licensure.
An individual licensed as an alarm company agent shall:
(1)
carry a copy of the individual's license issued under this chapter on the individual's
person while engaging in an activity for which this chapter requires a license; and
(2)
display the license upon the request of a peace officer, a representative of the division,
or a representative of a customer of the alarm company.
Section 61. Section
58-91-306
is enacted to read:
58-91-306
. Exemptions from licensure.
In addition to the exemptions from licensure in Section
58-1-307
, an individual may
engage as an alarm company agent without a license if the individual is:
(1)
the owner of an alarm system; or
(2)
an employee of the owner of an alarm system.
Section 62. Section
58-91-307
is enacted to read:
58-91-307
. Temporary permits for alarm company agents.
(1)
The division may issue a temporary permit to an applicant for licensure as an alarm
company agent if:
(a)
the division has received a background check on the applicant from the Bureau of
Criminal Identification;
(b)
(i)
the applicant is or will be employed at a call center, office, or administrative
facility of an alarm company; and
(ii)
the applicant's only contact with a customer or potential customer of the alarm
company is from the call center, office, or administrative facility; and
(c)
the alarm company by which the applicant is or will be employed affirms in writing
to the division that the applicant will act only within the scope of the temporary
license, as provided in Subsection
(1)(b)
.
(2)
A temporary license shall expire on the earlier of:
(a)
90 days after the day on which the division issues the temporary permit;
(b)
the date on which the individual to whom the division issues the temporary license
leaves the employment of the alarm company in Subsection
(1)(b)
; or
(c)
the date on which the division issues a license to the applicant or denies the
applicant's application.
Section 63. Section
58-91-401
is enacted to read:
4. License Denial and Discipline
58-91-401
. Investigation of regulated activity.
(1)
The division is responsible for the investigation of a person or an activity that violates a
provision of this chapter.
(2)
A division investigation may include:
(a)
a licensee allegedly engaged in unlawful or unprofessional conduct; or
(b)
an unlicensed person allegedly engaged in an activity this chapter regulates and for
which the division requires a license.
(3)
The division shall decline to proceed with investigation of the violation of a provision of
this chapter if the division finds there is no apparent material jeopardy to the public
health, safety, and welfare.
Section 64. Section
58-91-501
is enacted to read:
5. Unlawful and Unprofessional Conduct
58-91-501
. Unlawful conduct.
A person engages in unlawful conduct if the person:
(1)
acts as or represents that the person may act as an alarm company or alarm company
agent without holding a license or qualifying for an exemption;
(2)
acts as an alarm company beyond the scope of the license the person holds;
(3)
willfully or deliberately misrepresents or omits a material fact when applying to obtain
or renew a license;
(4)
allows another person to use the person's license, except as permitted by statute or rule;
(5)
does business under a name other than the name on the license, unless statute or rule
allows otherwise;
(6)
employs an unlicensed alarm company or an unlicensed individual as an alarm company
agent, except as allowed under Section
58-1-307
;
(7)
files fingerprints with the division that do not belong to the applicant or are false or
fraudulent with intent to mislead the division during the licensure process;
(8)
allows an employee with a temporary license under Section
58-91-307
to act outside the
scope of the temporary license; or
(9)
as an alarm company agent with a temporary license under Section
58-91-307
, acts
outside the scope of the temporary license.
Section 65. Section
58-91-502
is enacted to read:
58-91-502
. Penalty for unlawful conduct.
An individual commits a class A misdemeanor by:
(1)
violating Subsections
58-91-501(1)
through
(4)
, or Subsections
58-91-501(6)
through
(9)
;
or
(2)
failing to comply with a final citation issued under this section.
Section 66. Section
58-91-503
is enacted to read:
58-91-503
. Unprofessional conduct.
A person engages in unprofessional conduct if the person:
(1)
commits, causes, or directs a willful, fraudulent, or deceitful act that causes material
injury to another person;
(2)
commits a contract violation that threatens or potentially threatens the public health,
safety, or welfare, including when the person fails to deposit funds for the benefit of an
employee as required under a written contractual obligation;
(3)
as an alarm company, fails to notify the division when the company's qualifier ceases to
perform or fails to replace the qualifier as required under Subsection
58-91-303(6)
;
(4)
as an alarm company agent, fails to carry or display a copy of the agent's license as
required under Section
58-91-305
;
(5)
fails to comply with operating standards the division makes by rule;
(6)
as an alarm company or alarm company agent, fails to inform a potential customer,
before the customer purchases an alarm system or alarm service, about the policy of the
county, city, or town where the customer resides about priority levels for responding to
alarm signals transmitted by the alarm system; or
(7)
fails to continuously maintain insurance and registration as required under Subsection
304(1)(c)(vii).
Section 67. Section
58-91-504
is enacted to read:
58-91-504
. Citations -- Fines -- License suspension-- License revocation.
(1)
As used in this section, "qualifying violation" means a violation of:
(a)
Subsections
58-91-501(1)
through
(4)
, Subsection
58-91-501(6)
, or Subsections
58-91-501(8)
through
(9)
; or
(b)
Subsection
58-91-503(1)
.
(2)
(a)
If an investigation shows a person committed a qualifying violation, or broke a
related rule or order the division issued regarding a qualifying violation, the division
shall:
(i)
issue a citation;
(ii)
attempt a stipulated settlement; or
(iii)
require the person to appear in an adjudicative proceeding under Title 63G,
Chapter 4, Administrative Procedures Act.
(b)
The division may assess a fine and issue a cease-and-desist order based on:
(i)
an uncontested citation;
(ii)
a stipulated settlement; or
(iii)
a violation finding in an adjudicative proceeding.
(3)
(a)
Each citation shall:
(i)
be in writing;
(ii)
describe the violation with specific reference to statute, rule, or order;
(iii)
instruct the recipient to request a hearing in writing within 20 calendar days after
the day on which the citation is issued if the recipient contests; and
(iv)
state the consequences of failing to contest or pay fines.
(b)
The division may serve the citation:
(i)
according to the Utah Rules of Civil Procedure;
(ii)
in person or via an agent; or
(iii)
by mail.
(c)
If the recipient does not request a hearing within 20 calendar days after the day on
which the citation is issued, the citation becomes a final division order.
(d)
The division may extend the 20-calendar day period for cause.
(4)
(a)
The division may refuse to issue or renew, suspend, revoke, or place on probation
the license of a person that does not comply with a final citation.
(b)
The division may deny licensure after the applicant fails to comply with a final
citation.
(c)
The division shall issue a citation within one year of the reported violation.
(5)
The director or designee shall assess a fine for a qualifying violation as follows:
(a)
first offense: up to $1,000;
(b)
for second offense: up to $2,000; and
(c)
additional offenses: up to $2,000 per day of continued offense.
(6)
(a)
The division considers a violation a second or subsequent offense if:
(i)
a prior final order established a qualifying violation; or
(ii)
the division initiated an action for a prior offense and later finds a second
violation during a new investigation before resolving the initial case.
(b)
The division shall follow this section when issuing final orders for repeated
violations.
(7)
If five or more years pass between violations, the division may not treat a new violation
as a subsequent violation.
(8)
The division may treat each instance of the same type of violation under Section
58-91-501
as a separate offense and may impose a separate penalty for each.
(9)
The division may immediately suspend a license if:
(a)
the licensee receives a citation for violating Section
58-91-501
; or
(b)
the licensee fails to:
(i)
apply for a new license for a new classification or business structure; or
(ii)
notify the division of a change in qualifier.
Section 68. Section
63G-2-302
is amended to read:
63G-2-302
. Private records.
(1)
The following records are private:
(a)
records concerning an individual's eligibility for unemployment insurance benefits,
social services, welfare benefits, or the determination of benefit levels;
(b)
records containing data on individuals describing medical history, diagnosis,
condition, treatment, evaluation, or similar medical data;
(c)
records of publicly funded libraries that when examined alone or with other records
identify a patron;
(d)
records received by or generated by or for:
(i)
the
Independent
independent
Legislative Ethics Commission, except for:
(A)
the commission's summary data report that is required under legislative rule;
and
(B)
any other document that is classified as public under legislative rule; or
(ii)
a Senate or House Ethics Committee in relation to the review of ethics
complaints, unless the record is classified as public under legislative rule;
(e)
records received by, or generated by or for, the
Independent
independent
Executive
Branch Ethics Commission, except as otherwise expressly provided in Title 63A,
Chapter 14, Review of Executive Branch Ethics Complaints;
(f)
records received or generated for a Senate confirmation committee concerning
character, professional competence, or physical or mental health of an individual:
(i)
if, prior to the meeting, the chair of the committee determines release of the
records:
(A)
reasonably could be expected to interfere with the investigation undertaken by
the committee; or
(B)
would create a danger of depriving a person of a right to a fair proceeding or
impartial hearing; and
(ii)
after the meeting, if the meeting was closed to the public;
(g)
employment records concerning a current or former employee of, or applicant for
employment with, a governmental entity that would disclose that individual's home
address, home telephone number, social security number, insurance coverage, marital
status, or payroll deductions;
(h)
records or parts of records under Section
63G-2-303
that a current or former
employee identifies as private according to the requirements of that section;
(i)
that part of a record indicating a person's social security number or federal employer
identification number if provided under Section
31A-23a-104
,
31A-25-202
,
31A-26-202
,
58-1-301
,
58-55-302
58-55-203
,
58-91-304
,
61-1-4
, or
61-2f-203
;
(j)
that part of a voter registration record identifying a voter's:
(i)
driver license or identification card number;
(ii)
social security number, or last four digits of the social security number;
(iii)
email address;
(iv)
date of birth; or
(v)
phone number;
(k)
a voter registration record that is classified as a private record by the lieutenant
governor or a county clerk under Subsection
20A-2-101.1(5)(a)
,
20A-2-104(4)(h
), or
20A-2-204(4)(b
);
(l)
a voter registration record that is withheld under Subsection
20A-2-104(7)
;
(m)
a withholding request form described in Subsections
20A-2-104(7)
and
(8)
and any
verification submitted in support of the form;
(n)
a record or information regarding whether a voter returned a ballot with postage
attached;
(o)
a record that:
(i)
contains information about an individual;
(ii)
is voluntarily provided by the individual; and
(iii)
goes into an electronic database that:
(A)
is designated by and administered under the authority of the Chief Information
Officer; and
(B)
acts as a repository of information about the individual that can be
electronically retrieved and used to facilitate the individual's online interaction
with a state agency;
(p)
information provided to the
Commissioner of Insurance
commissioner of insurance
under:
(i)
Subsection
31A-23a-115(3)(a)
;
(ii)
Subsection
31A-23a-302(4)
; or
(iii)
Subsection
31A-26-210(4)
;
(q)
information obtained through a criminal background check under Title 11, Chapter
40, Criminal Background Checks by Political Subdivisions Operating Water Systems;
(r)
information provided by an offender that is:
(i)
required by the registration requirements of Title 53, Chapter 29, Sex, Kidnap, and
Child Abuse Offender Registry; and
(ii)
not required to be made available to the public under Subsection
53-29-404(3)(a)
;
(s)
a statement and any supporting documentation filed with the attorney general in
accordance with Section
34-45-107
, if the federal law or action supporting the filing
involves homeland security;
(t)
electronic toll collection customer account information received or collected under
Section
72-6-118
and customer information described in Section
17B-2a-815
received or collected by a public transit district, including contact and payment
information and customer travel data;
(u)
an email address provided by a military or overseas voter under Section
20A-16-501
;
(v)
a completed military-overseas ballot that is electronically transmitted under Title
20A, Chapter 16, Uniform Military and Overseas Voters Act;
(w)
records received by or generated by or for the Political Subdivisions Ethics Review
Commission established in Section
63A-15-201
, except for:
(i)
the commission's summary data report that is required in Section
63A-15-202
; and
(ii)
any other document that is classified as public in accordance with Title 63A,
Chapter 15, Political Subdivisions Ethics Review Commission;
(x)
a record described in Section
53G-9-604
that verifies that a parent was notified of an
incident or threat;
(y)
a criminal background check or credit history report conducted in accordance with
Section
63A-3-201
;
(z)
a record described in Subsection
53-5a-104(7)
;
(aa)
on a record maintained by a county for the purpose of administering property taxes,
an individual's:
(i)
email address;
(ii)
phone number; or
(iii)
personal financial information related to a person's payment method;
(bb)
a record submitted by a taxpayer to establish the taxpayer's eligibility for an
exemption, deferral, abatement, or relief under:
(i)
Title 59, Chapter 2, Part 11, Exemptions; or
(ii)
Title 59, Chapter 2a, Tax Relief Through Property Tax;
(cc)
a record provided by the State Tax Commission in response to a request under
Subsection
59-1-403(4)(y)(iii)
;
(dd)
a record of the Child Welfare Legislative Oversight Panel regarding an individual
child welfare case, as described in Subsection
36-33-103(3)
;
(ee)
a record relating to drug or alcohol testing of a state employee under Section
63A-17-1004
;
(ff)
a record relating to a request by a state elected official or state employee who has
been threatened to the Division of Technology Services to remove personal
identifying information from the open web under Section
63A-16-109
;
(gg)
a record including confidential information as that term is defined in Section
67-27-106
; and
(hh)
a record or notice received or generated under Title 53, Chapter 30, Security
Improvements Act, relating to:
(i)
an application for certification described in Section
53-30-201
; or
(ii)
a security improvement, including a building permit application or building
permit for a security improvement described in Section
53-30-301
.
(2)
The following records are private if properly classified by a governmental entity:
(a)
records concerning a current or former employee of, or applicant for employment
with a governmental entity, including performance evaluations and personal status
information such as race, religion, or disabilities, but not including records that are
public under Subsection
63G-2-301(2)(b)
or
63G-2-301(3)(o
) or private under
Subsection
(1)(b)
;
(b)
records describing an individual's finances, except that the following are public:
(i)
records described in Subsection
63G-2-301(2)
;
(ii)
information provided to the governmental entity for the purpose of complying
with a financial assurance requirement; or
(iii)
records that must be disclosed in accordance with another statute;
(c)
records of independent state agencies if the disclosure of those records would
conflict with the fiduciary obligations of the agency;
(d)
other records containing data on individuals the disclosure of which constitutes a
clearly unwarranted invasion of personal privacy;
(e)
records provided by the United States or by a government entity outside the state that
are given with the requirement that the records be managed as private records, if the
providing entity states in writing that the record would not be subject to public
disclosure if retained by it;
(f)
any portion of a record in the custody of the Division of Aging and Adult Services,
created in Section
26B-6-102
, that may disclose, or lead to the discovery of, the
identity of a person who made a report of alleged abuse, neglect, or exploitation of a
vulnerable adult; and
(g)
audio and video recordings created by a body-worn camera, as defined in Section
77-7a-103
, that record sound or images inside a home or residence except for
recordings that:
(i)
depict the commission of an alleged crime;
(ii)
record any encounter between a law enforcement officer and a person that results
in death or bodily injury, or includes an instance when an officer fires a weapon;
(iii)
record any encounter that is the subject of a complaint or a legal proceeding
against a law enforcement officer or law enforcement agency;
(iv)
contain an officer-involved critical incident as defined in Subsection
76-2-408(1)(f)
; or
(v)
have been requested for reclassification as a public record by a subject or
authorized agent of a subject featured in the recording.
(3)
(a)
As used in this Subsection
(3)
, "medical records" means medical reports, records,
statements, history, diagnosis, condition, treatment, and evaluation.
(b)
Medical records in the possession of the University of Utah Hospital, its clinics,
doctors, or affiliated entities are not private records or controlled records under
Section
63G-2-304
when the records are sought:
(i)
in connection with any legal or administrative proceeding in which the patient's
physical, mental, or emotional condition is an element of any claim or defense; or
(ii)
after a patient's death, in any legal or administrative proceeding in which any
party relies upon the condition as an element of the claim or defense.
(c)
Medical records are subject to production in a legal or administrative proceeding
according to state or federal statutes or rules of procedure and evidence as if the
medical records were in the possession of a nongovernmental medical care provider.
Section 69. Section
63I-1-258
is amended to read:
63I-1-258
. Repeal dates: Title 58.
(1)
Title 58, Chapter 13, Health Care Providers Immunity from Liability Act, is repealed
July 1, 2026.
(2)
Title 58, Chapter 15, Health Facility Administrator Act, is repealed July 1, 2035.
(3)
Title 58, Chapter 20b, Environmental Health Scientist Act, is repealed July 1, 2028.
(4)
Section
58-37-3.5
, Drugs for behavioral health treatment, is repealed July 1, 2027.
(5)
Subsection
58-37-6(7)(f)(iii)
, regarding a seven-day opiate supply restriction, is
repealed July 1, 2032.
(6)
Title 58, Chapter 40, Recreational Therapy Practice Act, is repealed July 1, 2033.
(7)
Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing Act, is
repealed July 1, 2029.
(8)
Title 58, Chapter 46a, Hearing Instrument Specialist Licensing Act, is repealed July 1,
2033.
(9)
Title 58, Chapter 47b, Massage Therapy Practice Act, is repealed July 1, 2034.
(10)
Subsection
58-47b-102(8)
, defining massage assistant, is repealed July 1, 2029.
(11)
Subsection
58-47b-102(9)
, defining massage assistant-in-training, is repealed July 1,
2029.
(12)
Subsection
58-47b-302(1)
, regarding applicant for a massage assistant-in-training, is
repealed July 1, 2029.
(13)
Subsection
58-47b-302(2)
, regarding applicant for a massage assistant, is repealed July
1, 2029.
(14)
Subsection
58-47b-303(3)(b)
, regarding expiration of a massage assistant-in-training
license, is repealed July 1, 2029.
(15)
Subsection
58-55-201(2)
58-91-201(1)(a)
, regarding the Alarm System and Security
Licensing Advisory Board, is repealed July 1, 2027.
(16)
Title 58, Chapter 61, Part 7, Behavior Analyst Licensing Act, is repealed July 1, 2026.
Section 70. Section
63J-1-602.1
is amended to read:
63J-1-602.1
. List of nonlapsing appropriations from accounts and funds.
Appropriations made from the following accounts or funds are nonlapsing:
(1)
The Native American Repatriation Restricted Account created in Section
9-9-407
.
(2)
Certain money payable for expenses of the Pete Suazo Utah Athletic Commission, as
provided under Title
9, Chapter 23
, Pete Suazo Utah Athletic Commission Act.
(3)
Funds collected for directing and administering the C-PACE district created in Section
11-42a-106
.
(4)
Money received by the Utah Inland Port Authority, as provided in Section
11-58-105
.
(5)
The Commerce Electronic Payment Fee Restricted Account created in Section
13-1-17
.
(6)
The Division of Air Quality Oil, Gas, and Mining Restricted Account created in Section
19-2a-106
.
(7)
The Division of Water Quality Oil, Gas, and Mining Restricted Account created in
Section
19-5-126
.
(8)
State funds for matching federal funds in the Children's Health Insurance Program as
provided in Section
26B-3-906
.
(9)
Funds collected from the program fund for local health department expenses incurred in
responding to a local health emergency under Section
26B-7-111
.
(10)
The Technology Development Restricted Account created in Section
31A-3-104
.
(11)
The Criminal Background Check Restricted Account created in Section
31A-3-105
.
(12)
The Captive Insurance Restricted Account created in Section
31A-3-304
, except to the
extent that Section
31A-3-304
makes the money received under that section free revenue.
(13)
The Title Licensee Enforcement Restricted Account created in Section
31A-23a-415
.
(14)
The Health Insurance Actuarial Review Restricted Account created in Section
31A-30-115
.
(15)
The State Mandated Insurer Payments Restricted Account created in Section
31A-30-118
.
(16)
The Insurance Fraud Investigation Restricted Account created in Section
31A-31-108
.
(17)
The Underage Drinking Prevention Media and Education Campaign Restricted
Account created in Section
32B-2-306
.
(18)
The School Readiness Restricted Account created in Section
35A-15-203
.
(19)
Money received by the Utah State Office of Rehabilitation for the sale of certain
products or services, as provided in Section
35A-13-202
.
(20)
The Property Loss Related to Homelessness Compensation Enterprise Fund created in
Section
35A-16-212
.
(21)
The Homeless Shelter Cities Mitigation Restricted Account created in Section
35A-16-402
.
(22)
The Oil and Gas Administrative Penalties Account created in Section
40-6-11
.
(23)
The Oil and Gas Conservation Account created in Section
40-6-14.5
.
(24)
The Division of Oil, Gas, and Mining Restricted account created in Section
40-6-23
.
(25)
The Electronic Payment Fee Restricted Account created by Section
41-1a-121
to the
Motor Vehicle Division.
(26)
The License Plate Restricted Account created by Section
41-1a-122
.
(27)
The Motor Vehicle Enforcement Division Temporary Permit Restricted Account
created by Section
41-3-110
to the State Tax Commission.
(28)
The State Disaster Recovery Restricted Account to the Division of Emergency
Management, as provided in Section
53-2a-603
.
(29)
The Disaster Response, Recovery, and Mitigation Restricted Account created in
Section
53-2a-1302
.
(30)
The Emergency Medical Services Critical Needs Account created in Section
53-2d-110
.
(31)
The Department of Public Safety Restricted Account to the Department of Public
Safety, as provided in Section
53-3-106
.
(32)
The Utah Highway Patrol Aero Bureau Restricted Account created in Section
53-8-303
.
(33)
The DNA Specimen Restricted Account created in Section
53-10-407
.
(34)
The Technical Colleges Capital Projects Fund created in Section
53H-9-605
.
(35)
The Higher Education Capital Projects Fund created in Section
53H-9-502
.
(36)
A certain portion of money collected for administrative costs under the School
Institutional Trust Lands Management Act, as provided under Section
53C-3-202
.
(37)
The Public Utility Regulatory Restricted Account created in Section
54-5-1.5
, subject
to Subsection
54-5-1.5(4)(d)
.
(38)
Funds collected from a surcharge fee to provide certain licensees with access to an
electronic reference library, as provided in Section
58-3a-105
.
(39)
Certain fines collected by the Division of Professional Licensing for violation of
unlawful or unprofessional conduct that are used for education and enforcement
purposes, as provided in Section
58-17b-505
.
(40)
Funds collected from a surcharge fee to provide certain licensees with access to an
electronic reference
internet-based
library, as provided in Section
58-22-104
.
(41)
Funds collected from a surcharge fee to provide certain licensees with access to an
electronic reference
internet-based
library, as provided in Section
58-55-106
.
(42)
Funds collected from a surcharge fee to provide certain licensees with access to an
electronic reference
internet-based
library, as provided in Section
58-56-3.5
.
(43)
Funds collected from a surcharge fee to provide certain licensees with access to an i
nternet-based library, as provided in Section
58-91-102
.
(43)
(44)
Certain fines collected by the Division of Professional Licensing for use in
education and enforcement of the Security Personnel Licensing Act, as provided in
Section
58-63-103
.
(44)
(45)
The Relative Value Study Restricted Account created in Section
59-9-105
.
(45)
(46)
The Cigarette Tax Restricted Account created in Section
59-14-204
.
(46)
(47)
Funds paid to the Division of Real Estate for the cost of a criminal background
check for a mortgage loan license, as provided in Section
61-2c-202
.
(47)
(48)
Funds paid to the Division of Real Estate for the cost of a criminal background
check for principal broker, associate broker, and sales agent licenses, as provided in
Section
61-2f-204
.
(48)
(49)
Certain funds donated to the Department of Health and Human Services, as
provided in Section
26B-1-202
.
(49)
(50)
Certain funds donated to the Division of Child and Family Services, as provided
in Section
80-2-404
.
(50)
(51)
Funds collected by the Office of Administrative Rules for publishing, as
provided in Section
63G-3-402
.
(51)
(52)
The Immigration Act Restricted Account created in Section
63G-12-103
.
(52)
(53)
Money received by the military installation development authority, as provided
in Section
63H-1-504
.
(53)
(54)
The Unified Statewide 911 Emergency Service Account created in Section
63H-7a-304
.
(54)
(55)
The Utah Statewide Radio System Restricted Account created in Section
63H-7a-403
.
(55)
(56)
The Utah Capital Investment Restricted Account created in Section
63N-6-204
.
(56)
(57)
The Motion Picture Incentive Account created in Section
63N-8-103
.
(57)
(58)
Funds collected by the housing of state probationary inmates or state parole
inmates, as provided in Subsection
64-13e-104(2)
.
(58)
(59)
Certain forestry and fire control funds utilized by the Division of Forestry, Fire,
and State Lands, as provided in Section
65A-8-103
.
(59)
(60)
The following funds or accounts created in Section
72-2-124
:
(a)
Transportation Investment Fund of 2005;
(b)
Transit Transportation Investment Fund;
(c)
Cottonwood Canyons Transportation Investment Fund;
(d)
Active Transportation Investment Fund; and
(e)
Commuter Rail Subaccount.
(60)
(61)
The Amusement Ride Safety Restricted Account, as provided in Section
72-16-204
.
(61)
(62)
Certain funds received by the Office of the State Engineer for well drilling fines
or bonds, as provided in Section
73-3-25
.
(62)
(63)
The Water Resources Conservation and Development Fund, as provided in
Section
73-23-2
.
(63)
(64)
Award money under the State Asset Forfeiture Grant Program, as provided under
Section
77-11b-403
.
(64)
(65)
Funds donated or paid to a juvenile court by private sources, as provided in
Subsection
78A-6-203(1)(c)
.
(65)
(66)
Fees for certificate of admission created under Section
78A-9-102
.
(66)
(67)
Funds collected for adoption document access as provided in Sections
81-13-103
,
81-13-504
, and
81-13-505
.
(67)
(68)
Funds collected for indigent defense as provided in Title
78B, Chapter 22, Part 4
,
Utah Indigent Defense Commission.
(68)
(69)
The Utah Geological Survey Restricted Account created in Section
79-3-403
.
(69)
(70)
Revenue for golf user fees at the Wasatch Mountain State Park, Palisades State
Park, and Green River State Park, as provided under Section
79-4-403
.
(70)
(71)
Certain funds received by the Division of State Parks from the sale or disposal of
buffalo, as provided under Section
79-4-1001
.
Section 71.
Repealer.
Definitions.
Continuing education requirements for contractor licensees --
Continuing education courses.
Continuing education requirements for electricians, elevator
mechanics, and plumbers.
Scope of practice -- Installation, repair, maintenance, or replacement
of gas appliance, combustion system, automatic fire sprinkler system, or battery-powered
fence -- Rules.
Definitions -- Installation of natural gas facilities -- Scope of
practice.
Evidence of licensure.
Interim and temporary permits for alarm company agents.
Definitions.
Fees.
Rulemaking.
Section 72.
Effective Date.
This bill takes effect on
January 1, 2027
.
3-5-26 8:25 AM