Construction Consultant Amendments

5
58-55-102
HB0344
HB0040
0
Construction Consultant Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Tracy J. Miller
Senate Sponsor:
LONG TITLE
General Description:
This bill modifies the Utah Construction Trades Licensing Act.
Highlighted Provisions:
This bill:
removes the licensing requirement for a person that only provides or offers to provide a
list of subcontractors or suppliers;
provides a coordination clause to substantively and technically coordinate changes
between this bill and H.B. 40, Utah Construction Trades Licensing Act Amendments;
and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
58-55-102
, as last amended by Laws of Utah 2025, Chapters 176, 268
Utah Code Sections Affected by Coordination Clause:
58-55-101
, as renumbered and amended by Laws of Utah 1994, Chapter 181
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
58-55-102
is amended to read:
58-55-102
. Definitions.
In addition to the definitions in Section
58-1-102
, as used in this chapter:
(1)
(a)
"Alarm business" or "alarm company" means a person engaged in the sale,
installation, maintenance, alteration, repair, replacement, servicing, or monitoring of
an alarm system, except as provided in Subsection
(1)(b)
.
(b)
"Alarm business" or "alarm company" does not include:
(i)
a person engaged in the manufacture or sale of alarm systems unless:
(A)
that person is also engaged in the installation, maintenance, alteration, repair,
replacement, servicing, or monitoring of alarm systems;
(B)
the manufacture or sale occurs at a location other than a place of business
established by the person engaged in the manufacture or sale; or
(C)
the manufacture or sale involves site visits at the place or intended place of
installation of an alarm system; or
(ii)
an owner of an alarm system, or an employee of the owner of an alarm system
who is engaged in installation, maintenance, alteration, repair, replacement,
servicing, or monitoring of the alarm system owned by that owner.
(2)
"Alarm company agent":
(a)
except as provided in Subsection
(2)(b)
, means any individual employed within this
state by an alarm business; and
(b)
does not include an individual who:
(i)
is not engaged in the sale, installation, maintenance, alteration, repair,
replacement, servicing, or monitoring of an alarm system; and
(ii)
does not, during the normal course of the individual's employment with an alarm
business, use or have access to sensitive alarm system information.
(3)
"Alarm company officer" means:
(a)
a governing person, as defined in Section
48-3a-102
, of an alarm company;
(b)
an individual appointed as an officer of an alarm company that is a corporation in
accordance with Section
16-10a-830
;
(c)
a general partner, as defined in Section
48-2e-102
, of an alarm company; or
(d)
a partner, as defined in Section
48-1d-102
, of an alarm company.
(4)
"Alarm company owner" means:
(a)
a shareholder, as defined in Section
16-10a-102
, who owns directly, or indirectly
through an entity controlled by the individual, 5% or more of the outstanding shares
of an alarm company that:
(i)
is a corporation; and
(ii)
is not publicly listed or traded; or
(b)
an individual who owns directly, or indirectly through an entity controlled by the
individual, 5% or more of the equity of an alarm company that is not a corporation.
(5)
"Alarm company proprietor" means the sole proprietor of an alarm company that is
registered as a sole proprietorship with the Division of Corporations and Commercial
Code.
(6)
"Alarm company trustee" means an individual with control of or power of
administration over property held in trust.
(7)
(a)
"Alarm system" means equipment and devices assembled for the purpose of:
(i)
detecting and signaling unauthorized intrusion or entry into or onto certain
premises; or
(ii)
signaling a robbery or attempted robbery on protected premises.
(b)
"Alarm system" includes a battery-charged suspended-wire system or fence that is
part of and interfaces with an alarm system for the purposes of detecting and
deterring unauthorized intrusion or entry into or onto certain premises.
(8)
"Apprentice electrician" means a person licensed under this chapter as an apprentice
electrician who is learning the electrical trade under the immediate supervision of a
master electrician, residential master electrician, a journeyman electrician, or a
residential journeyman electrician.
(9)
"Apprentice plumber" means a person licensed under this chapter as an apprentice
plumber who is learning the plumbing trade under the immediate supervision of a master
plumber, residential master plumber, journeyman plumber, or a residential journeyman
plumber.
(10)
"Approved continuing education" means instruction provided through courses under a
program established under Subsection
58-55-302.5
(2).
(11)
(a)
"Approved prelicensure course provider" means a provider that is the Associated
General Contractors of Utah, the Utah Chapter of the Associated Builders and
Contractors, or the Utah Home Builders Association, and that meets the requirements
established by rule by the commission with the concurrence of the director, to teach
the 25-hour course described in Subsection
58-55-302
(1)(e)(iii).
(b)
"Approved prelicensure course provider" may only include a provider that, in
addition to any other locations, offers the 25-hour course described in Subsection
58-55-302
(1)(e)(iii) at least six times each year in one or more counties other than
Salt Lake County, Utah County, Davis County, or Weber County.
(12)
"Board" means the Alarm System Security and Licensing Board or Electricians and
Plumbers Licensing Board created in Section
58-55-201
.
(13)
"Combustion system" means an assembly consisting of:
(a)
piping and components with a means for conveying, either continuously or
intermittently, natural gas from the outlet of the natural gas provider's meter to the
burner of the appliance;
(b)
the electric control and combustion air supply and venting systems, including air
ducts; and
(c)
components intended to achieve control of quantity, flow, and pressure.
(14)
"Commission" means the Construction Services Commission created under Section
58-55-103
.
(15)
"Construction trade" means any trade or occupation involving:
(a)
(i)
construction, alteration, remodeling, repairing, wrecking or demolition, addition
to, or improvement of any building, highway, road, railroad, dam, bridge,
structure, excavation or other project, development, or improvement to other than
personal property; and
(ii)
constructing, remodeling, or repairing a manufactured home or mobile home as
defined in Section
15A-1-302
; or
(b)
installation or repair of a residential or commercial natural gas appliance or
combustion system.
(16)
"Construction trades instructor" means a person licensed under this chapter to teach
one or more construction trades in both a classroom and project environment, where a
project is intended for sale to or use by the public and is completed under the direction
of the instructor, who has no economic interest in the project.
(17)
(a)
"Contractor" means any person who for compensation other than wages as an
employee undertakes any work in the construction, plumbing, or electrical trade for
which licensure is required under this chapter and includes:
(i)
a person who builds any structure on the person's own property for the purpose of
sale or who builds any structure intended for public use on the person's own
property;
(ii)
any person who represents that the person is a contractor, or will perform a
service described in this Subsection (17) by advertising on a website or social
media, or any other means;
(iii)
any person engaged as a maintenance person, other than an employee, who
regularly engages in activities set forth under the definition of "construction trade";
(iv)
any person engaged in, or offering to engage in, any construction trade for which
licensure is required under this chapter; or
(v)
a construction manager, construction consultant, construction assistant, or any
other person who, for a fee:
(A)
performs or offers to perform construction consulting;
(B)
performs or offers to perform management of construction subcontractors;
or
(C)
provides or offers to provide a list of subcontractors or suppliers; or
(D)
(C)
provides or offers to provide management or counseling services on a
construction project.
(b)
"Contractor" does not include:
(i)
an alarm company or alarm company agent; or
(ii)
a material supplier who provides consulting to customers regarding the design
and installation of the material supplier's products.
(18)
(a)
"Electrical trade" means the performance of any electrical work involved in the
installation, construction, alteration, change, repair, removal, or maintenance of
facilities, buildings, or appendages or appurtenances.
(b)
"Electrical trade" does not include:
(i)
transporting or handling electrical materials;
(ii)
preparing clearance for raceways for wiring;
(iii)
work commonly done by unskilled labor on any installations under the exclusive
control of electrical utilities;
(iv)
work involving cable-type wiring that does not pose a shock or fire-initiation
hazard;
(v)
work involving class two or class three power-limited circuits as defined in the
National Electrical Code; or
(vi)
minor electrical work incidental to a mechanical or service installation when
wiring is extended to no more than 10 feet from an existing outlet or disconnect
and does not exceed 120 volts and 20 amperes.
(19)
"Elevator" means the same as that term is defined in Section
34A-7-202
, except that
for purposes of this chapter it does not mean a stair chair, a vertical platform lift, or an
incline platform lift.
(20)
"Elevator contractor" means a sole proprietor, firm, or corporation licensed under this
chapter that is engaged in the business of erecting, constructing, installing, altering,
servicing, repairing, or maintaining an elevator.
(21)
"Elevator mechanic" means an individual who is licensed under this chapter as an
elevator mechanic and who is engaged in erecting, constructing, installing, altering,
servicing, repairing, or maintaining an elevator under the immediate supervision of an
elevator contractor.
(22)
"Employee" means an individual as defined by the division by rule giving
consideration to the definition adopted by the Internal Revenue Service and the
Department of Workforce Services.
(23)
"Engage in a construction trade" means to:
(a)
engage in, represent oneself to be engaged in, or advertise oneself as being engaged
in a construction trade; or
(b)
use the name "contractor" or "builder" or in any other way lead a reasonable person
to believe one is or will act as a contractor.
(24)
(a)
"Financial responsibility" means a demonstration of a current and expected
future condition of financial solvency evidencing a reasonable expectation to the
division and the board that an applicant or licensee can successfully engage in
business as a contractor without jeopardy to the public health, safety, and welfare.
(b)
Financial responsibility may be determined by an evaluation of the total history
concerning the licensee or applicant including past, present, and expected condition
and record of financial solvency and business conduct.
(25)
"Gas appliance" means any device that uses natural gas to produce light, heat, power,
steam, hot water, refrigeration, or air conditioning.
(26)
(a)
"General building contractor" means a person licensed under this chapter as a
general building contractor qualified by education, training, experience, and
knowledge to perform or superintend construction of structures for the support,
shelter, and enclosure of persons, animals, chattels, or movable property of any kind
or any of the components of that construction except plumbing, electrical work,
mechanical work, work related to the operating integrity of an elevator, and
manufactured housing installation, for which the general building contractor shall
employ the services of a contractor licensed in the particular specialty, except that a
general building contractor engaged in the construction of single-family and
multifamily residences up to four units may perform the mechanical work and hire a
licensed plumber or electrician as an employee.
(b)
The division may by rule exclude general building contractors from engaging in the
performance of other construction specialties in which there is represented a
substantial risk to the public health, safety, and welfare, and for which a license is
required unless that general building contractor holds a valid license in that specialty
classification.
(27)
"General electrical contractor" means a person licensed under this chapter as a general
electrical contractor qualified by education, training, experience, and knowledge to
perform the fabrication, construction, and installation of generators, transformers,
conduits, raceways, panels, switch gear, electrical wires, fixtures, appliances, apparatus
that uses electrical energy, or any other work the division authorizes by rule in
accordance with Subsection
58-55-301(4)
.
(28)
(a)
"General engineering contractor" means a person licensed under this chapter as a
general engineering contractor qualified by education, training, experience, and
knowledge to perform or superintend construction of fixed works, or components of
fixed works requiring specialized engineering knowledge and skill in:
(i)
airports;
(ii)
airport runways;
(iii)
bridges;
(iv)
chemical plants;
(v)
drainage;
(vi)
electrical utilities;
(vii)
flood control;
(viii)
foundations;
(ix)
harbors;
(x)
highways;
(xi)
industrial plants;
(xii)
inland waterways;
(xiii)
irrigation systems;
(xiv)
piers;
(xv)
pipelines;
(xvi)
power plants;
(xvii)
railroads;
(xviii)
refineries;
(xix)
sewers;
(xx)
tunnels;
(xxi)
underground electric utility conduits;
(xxii)
utility plants;
(xxiii)
water power; or
(xxiv)
water supply.
(b)
A general engineering contractor may not perform or superintend:
(i)
construction of a structure built primarily for the support, shelter, and enclosure of
persons, animals, and chattels;
(ii)
plumbing work;
(iii)
electrical work beyond underground electric utility conduit or electrical utilities;
(iv)
mechanical work; or
(v)
work where the general engineering contractor does not have the required
specialized engineering knowledge and skill.
(29)
"General plumbing contractor" means a person licensed under this chapter as a general
plumbing contractor qualified by education, training, experience, and knowledge to
perform the fabrication or installation of material and fixtures to create and maintain
sanitary conditions in a building by providing permanent means for a supply of safe and
pure water, a means for the timely and complete removal from the premises of all used
or contaminated water, fluid and semi-fluid organic wastes and other impurities
incidental to life and the occupation of such premises, a safe and adequate supply of
gases for lighting, heating, and industrial purposes, or other work the division authorizes
by rule in accordance with Subsection
58-55-301(4)
.
(30)
"HVAC" means a heating, ventilation, and air conditioning system and the specific
components that are a part of the system, including the gas line.
(31)
"HVAC contractor" means a person licensed under this chapter specialized in the
installation, maintenance, repair, and servicing of heating, ventilation, air conditioning
systems or any other work the division authorizes by rule in accordance with Subsection
58-55-301(4)
.
(32)
"Immediate supervision" means reasonable direction, oversight, inspection, and
evaluation of the work of a person:
(a)
as the division specifies in rule;
(b)
by, as applicable, a qualified electrician or plumber;
(c)
as part of a planned program of training; and
(d)
to ensure that the end result complies with applicable standards.
(33)
"Individual" means a natural person.
(34)
"Journeyman lineman" means a person that builds and maintains an electrical power
system, performs work on transmission lines or distribution lines from power plants to
customers, and has completed an approved 7,000 hour certified apprenticeship program.
(35)
"Journeyman electrician" means a person licensed under this chapter as a journeyman
electrician having the qualifications, training, experience, and knowledge to wire, install,
and repair electrical apparatus and equipment for light, heat, power, and other purposes.
(36)
"Journeyman plumber" means a person licensed under this chapter as a journeyman
plumber having the qualifications, training, experience, and technical knowledge to
engage in the plumbing trade.
(37)
"Master electrician" means a person licensed under this chapter as a master electrician
having the qualifications, training, experience, and knowledge to properly plan, layout,
and supervise the wiring, installation, and repair of electrical apparatus and equipment
for light, heat, power, and other purposes.
(38)
"Master plumber" means a person licensed under this chapter as a master plumber
having the qualifications, training, experience, and knowledge to properly plan and
layout projects and supervise persons in the plumbing trade.
(39)
"Person" means a natural person, sole proprietorship, joint venture, corporation,
limited liability company, association, or organization of any type.
(40)
(a)
"Plumbing trade" means the performance of any mechanical work pertaining to
the installation, alteration, change, repair, removal, maintenance, or use in buildings,
or within three feet beyond the outside walls of buildings, of pipes, fixtures, and
fittings for the:
(i)
delivery of the water supply;
(ii)
discharge of liquid and water carried waste;
(iii)
building drainage system within the walls of the building; and
(iv)
delivery of gases for lighting, heating, and industrial purposes.
(b)
"Plumbing trade" includes work pertaining to the water supply, distribution pipes,
fixtures and fixture traps, soil, waste and vent pipes, the building drain and roof
drains, and the safe and adequate supply of gases, together with their devices,
appurtenances, and connections where installed within the outside walls of the
building.
(41)
"Ratio of apprentices" means the number of licensed plumber apprentices or licensed
electrician apprentices that are allowed to be under the immediate supervision of a
licensed supervisor as established by the provisions of this chapter and by rules made by
the commission, with the concurrence of the director, in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act.
(42)
"Residential and small commercial contractor" means a person licensed under this
chapter as a residential and small commercial contractor qualified by education, training,
experience, and knowledge to perform or superintend the construction of single-family
residences, multifamily residences up to four units, and commercial construction of not
more than three stories above ground and not more than 20,000 square feet, or any of the
components of that construction except plumbing, electrical work, mechanical work, and
manufactured housing installation, for which the residential and small commercial
contractor shall employ the services of a contractor licensed in the particular specialty,
except that a residential and small commercial contractor engaged in the construction of
single-family and multifamily residences up to four units may perform the mechanical
work and hire a licensed plumber or electrician as an employee.
(43)
"Residential building," as it relates to the license classification of residential
journeyman plumber and residential master plumber, means a single or multiple family
dwelling of up to four units.
(44)
"Residential electrical contractor" means a person licensed under this chapter as a
residential electrical contractor qualified by education, training, experience, and
knowledge to perform the fabrication, construction, and installation of services,
disconnecting means, grounding devices, panels, conductors, load centers, lighting and
plug circuits, appliances, and fixtures in a residential unit or any other work the division
authorizes by rule in accordance with Subsection
58-55-301(4)
.
(45)
"Residential journeyman electrician" means a person licensed under this chapter as a
residential journeyman electrician having the qualifications, training, experience, and
knowledge to wire, install, and repair electrical apparatus and equipment for light, heat,
power, and other purposes on buildings using primarily nonmetallic sheath cable.
(46)
"Residential journeyman plumber" means a person licensed under this chapter as a
residential journeyman plumber having the qualifications, training, experience, and
knowledge to engage in the plumbing trade as limited to the plumbing of residential
buildings.
(47)
"Residential master electrician" means a person licensed under this chapter as a
residential master electrician having the qualifications, training, experience, and
knowledge to properly plan, layout, and supervise the wiring, installation, and repair of
electrical apparatus and equipment for light, heat, power, and other purposes on
residential projects.
(48)
"Residential master plumber" means a person licensed under this chapter as a
residential master plumber having the qualifications, training, experience, and
knowledge to properly plan and layout projects and supervise persons in the plumbing
trade as limited to the plumbing of residential buildings.
(49)
"Residential plumbing contractor" means a person licensed under this chapter as a
residential plumbing contractor qualified by education, training, experience, and
knowledge to perform the fabrication or installation of material and fixtures to create
and maintain sanitary conditions in residential buildings by providing permanent means
for a supply of safe and pure water, a means for the timely and complete removal from
the premises of all used or contaminated water, fluid and semi-fluid organic wastes and
other impurities incidental to life and the occupation of such premises, a safe and
adequate supply of gases for lighting, heating, and residential purposes, or any other
work the division authorizes by rule in accordance with Subsection
58-55-301(4)
.
(50)
"Residential project," as it relates to an electrician or electrical contractor, means
buildings primarily wired with nonmetallic sheathed cable, in accordance with standard
rules and regulations governing this work, including the National Electrical Code, and in
which the voltage does not exceed 250 volts line to line and 125 volts to ground.
(51)
"Responsible management personnel" means:
(a)
a qualifying agent;
(b)
an operations manager; or
(c)
a site manager.
(52)
"Sensitive alarm system information" means:
(a)
a pass code or other code used in the operation of an alarm system;
(b)
information on the location of alarm system components at the premises of a
customer of the alarm business providing the alarm system;
(c)
information that would allow the circumvention, bypass, deactivation, or other
compromise of an alarm system of a customer of the alarm business providing the
alarm system; and
(d)
any other similar information that the division by rule determines to be information
that an individual employed by an alarm business should use or have access to only if
the individual is licensed as provided in this chapter.
(53)
(a)
"Specialty contractor" means a person licensed under this chapter under a
specialty contractor classification established by rule, who is qualified by education,
training, experience, and knowledge to perform those construction trades and crafts
requiring specialized skill, the regulation of which are determined by the division to
be in the best interest of the public health, safety, and welfare.
(b)
A specialty contractor may perform work in crafts or trades other than those in which
the specialty contractor is licensed if they are incidental to the performance of the
specialty contractor's licensed craft or trade.
(54)
"Unincorporated entity" means an entity that is not:
(a)
an individual;
(b)
a corporation; or
(c)
publicly traded.
(55)
"Unlawful conduct" means the same as that term is defined in Sections
58-1-501
and
58-55-501
.
(56)
"Unprofessional conduct" means the same as that term is defined in Sections
58-1-501

and
58-55-502
and as may be further defined by rule.
(57)
"Wages" means amounts due to an employee for labor or services whether the amount
is fixed or ascertained on a time, task, piece, commission, or other basis for calculating
the amount.
Section 2.
Effective Date.
This bill takes effect on
May 6, 2026
.
Section 3.
Coordinating H.B. 344 with H.B. 40.
If H.B. 344, Construction Consultant Amendments, and H.B. 40, Utah Construction
Trades Licensing Act Amendments, both pass and become law, the Legislature intends that, on
January 1, 2027, Subsection 58-55-101(7)(b) enacted in H.B. 40 be amended to read:
"(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; or
(D) provides or offers to provide management or counseling services on a construction
project.".
2-23-26 4:50 PM