Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 249 First Substitute (2016GS)

Sponsor

Rep. Schultz, M.

Final action

Governor Signed 3/25/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• amends the definition of a contractor;
• amends requirements for licensure as a general contractor; and
• amends exemptions from licensure as an architect.

Every vote on this bill

Bill text

GENERAL CONTRACTORS LICENSE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Mike Schultz
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill amends the requirements for licensure of a general contractor and an architect.
Highlighted Provisions:
This bill:
▸ amends the definition of a contractor;
▸ amends requirements for licensure as a general contractor; and
▸ amends exemptions from licensure as an architect.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-3a-304
, as enacted by Laws of Utah 1996, Chapter 260
58-55-102
, as last amended by Laws of Utah 2014, Chapter 81
58-55-302
, as last amended by Laws of Utah 2015, Chapter 258
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
58-3a-304
 is amended to read:
58-3a-304.
 Exemptions from licensure.
(1) In addition to the exemptions from licensure in Section 
58-1-307
, the following
may engage in the stated limited acts or practices without being licensed under this chapter:
(a) a person offering to render architectural services in this state when not licensed
under this chapter if the person:
(i) holds a current and valid architect license issued by a licensing authority recognized
by rule by the division in collaboration with the board;
(ii) discloses in writing to the potential client the fact that the architect:
(A) is not licensed in the state;
(B) may not provide architectural services in the state until the architect is licensed in
the state; and
(C) that such condition may cause a delay in the ability of the architect to provide
architectural services in the state;
(iii) notifies the division in writing of his intent to offer to render architectural services
in the state; and
(iv) does not provide architectural services or engage in the practice of architecture in
this state until licensed to do so;
(b) a person preparing a plan and specification for [
a
] one, two, three, or four-family
[
residence
] 
residences, or town houses,
 not exceeding two stories in height, exclusive of
basement;
(c) a person licensed to practice professional engineering under Title 58, Chapter 22,
Professional Engineers and Professional Land Surveyors Licensing Act, performing
engineering or incidental architectural acts or practices that do not exceed the scope of the
education and training of the person performing architecture;
(d) unlicensed employees, subordinates, associates, or drafters of a person licensed
under this chapter while preparing plans and specifications under the supervision of an
architect;
(e) a person preparing a plan or specification for, or supervising the alteration of or
repair to, an existing building affecting an area not exceeding 3,000 square feet when structural
elements of a building are not changed, such as foundations, beams, columns, and structural
slabs, joists, bearing walls, and trusses; and
(f) an organization engaged in the practice of architecture, provided that:
(i) the organization employs a principal; and
(ii) all individuals employed by the organization, who are engaged in the practice of
architecture, are licensed or exempt from licensure under this chapter.
(2) Nothing in this section shall be construed to restrict a draftsman from preparing
plans for a client under the exemption provided in Subsection (1)(b) or taking those plans to a
licensed architect for his review, approval, and subsequent fixing of the architect's seal to that
set of plans if they meet the building code standards.
Section 2. 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 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 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 system" means equipment and devices assembled for the purpose of:
(a) detecting and signaling unauthorized intrusion or entry into or onto certain
premises; or
(b) signaling a robbery or attempted robbery on protected premises.
(4) "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.
(5) "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.
(6) "Approved continuing education" means instruction provided through courses
under a program established under Subsection 
58-55-302.5
(2).
(7) "Board" means the Electrician Licensing Board, Alarm System Security and
Licensing Board, or Plumbers Licensing Board created in Section 
58-55-201
.
(8) "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.
(9) "Commission" means the Construction Services Commission created under Section
58-55-103
.
(10) "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.
(11) "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.
(12) (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 (12),
 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 [
who performs
]
, construction consultant, construction
assistant, or any other person who, for a fee:
(A) performs or offers to perform construction consulting;
(B) performs or offers to perform management of construction subcontractors;
(C) provides or offers to provide a list of subcontractors or suppliers; or
(D) provides or offers to provide
 management [
and
] 
or
 counseling services on a
construction project [
for a fee
].
(b) "Contractor" does not include an alarm company or alarm company agent.
(13) (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; or
(iii) work commonly done by unskilled labor on any installations under the exclusive
control of electrical utilities.
(c) For purposes of Subsection (13)(b):
(i) no more than one unlicensed person may be so employed unless more than five
licensed electricians are employed by the shop; and
(ii) a shop may not employ unlicensed persons in excess of the five-to-one ratio
permitted by this Subsection (13)(c).
(14) "Elevator" [
has
] 
means
 the same [
meaning as
] 
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.
(15) "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.
(16) "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.
(17) "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.
(18) "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.
(19) (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.
(20) "Gas appliance" means any device that uses natural gas to produce light, heat,
power, steam, hot water, refrigeration, or air conditioning.
(21) (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.
(22) (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 construction of fixed works in any of the following: irrigation, drainage, water, power,
water supply, flood control, inland waterways, harbors, railroads, highways, tunnels, airports
and runways, sewers and bridges, refineries, pipelines, chemical and industrial plants requiring
specialized engineering knowledge and skill, piers, and foundations, or any of the components
of those works.
(b) A general engineering contractor may not perform construction of structures built
primarily for the support, shelter, and enclosure of persons, animals, and chattels.
(23) "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.
(24) "Individual" means a natural person.
(25) "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.
(26) "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.
(27) "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.
(28) "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.
(29) "Person" means a natural person, sole proprietorship, joint venture, corporation,
limited liability company, association, or organization of any type.
(30) (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:
(i) delivery of the water supply;
(ii) discharge of liquid and water carried waste; or
(iii) the building drainage system within the walls of the building.
(b) "Plumbing trade" includes work pertaining to the water supply, distribution pipes,
fixtures and fixture traps, soil, waste and vent pipes, and the building drain and roof drains
together with their devices, appurtenances, and connections where installed within the outside
walls of the building.
(31) (a) "Ratio of apprentices" means, for the purpose of determining compliance with
the requirements for planned programs of training and electrician apprentice licensing
applications, the shop ratio of apprentice electricians to journeyman or master electricians shall
be one journeyman or master electrician to one apprentice on industrial and commercial work,
and one journeyman or master electrician to three apprentices on residential work.
(b) On-the-job training shall be under circumstances in which the ratio of apprentices
to supervisors is in accordance with a ratio of one-to-one on nonresidential work and up to
three apprentices to one supervisor on residential projects.
(32) "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.
(33) "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.
(34) "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.
(35) "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.
(36) "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.
(37) "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.
(38) "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.
(39) "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.
(40) (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.
(41) "Unincorporated entity" means an entity that is not:
(a) an individual;
(b) a corporation; or
(c) publicly traded.
(42) "Unlawful conduct" [
is as
] 
means the same as that term is
 defined in Sections
58-1-501
 and 
58-55-501
.
(43) "Unprofessional conduct" [
is as
] 
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.
(44) "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 3. Section 
58-55-302
 is amended to read:
58-55-302.
Qualifications for licensure.
(1) Each applicant for a license under this chapter shall:
(a) submit an application prescribed by the division;
(b) pay a fee as determined by the department under Section 
63J-1-504
;
(c) (i) meet the examination requirements established by rule by the commission with
the concurrence of the director, except for the classifications of apprentice plumber and
apprentice electrician for whom no examination is required; or
(ii) if required in Section 
58-55-304
, the individual qualifier must pass the required
examination if the applicant is a business entity;
(d) if an apprentice, identify the proposed supervisor of the apprenticeship;
(e) if an applicant for a contractor's license:
(i) produce satisfactory evidence of financial responsibility, except for a construction
trades instructor for whom evidence of financial responsibility is not required;
(ii) produce satisfactory evidence of:
(A) 
except as provided in Subsection (2)(a),
 two years full-time paid employment
experience in the construction industry, which experience, unless more specifically described
in this section, may be related to any contracting classification; and
(B) knowledge of the principles of the conduct of business as a contractor, reasonably
necessary for the protection of the public health, safety, and welfare;
(iii) except as otherwise provided by rule by the commission with the concurrence of
the director, complete a 20-hour course established by rule by the commission with the
concurrence of the director, which course may include:
(A) construction business practices;
(B) bookkeeping fundamentals;
(C) mechanics lien fundamentals; and
(D) other aspects of business and construction principles considered important by the
commission with the concurrence of the director;
(iv) (A) be a licensed master electrician if an applicant for an electrical contractor's
license or a licensed master residential electrician if an applicant for a residential electrical
contractor's license;
(B) be a licensed master plumber if an applicant for a plumbing contractor's license or
a licensed master residential plumber if an applicant for a residential plumbing contractor's
license; or
(C) be a licensed elevator mechanic and produce satisfactory evidence of three years
experience as an elevator mechanic if an applicant for an elevator contractor's license; and
(v) when the applicant is an unincorporated entity, provide a list of the one or more
individuals who hold an ownership interest in the applicant as of the day on which the
application is filed that includes for each individual:
(A) the individual's name, address, birth date, and social security number; and
(B) whether the individual will engage in a construction trade; and
(f) if an applicant for a construction trades instructor license, satisfy any additional
requirements established by rule.
(2) 
(a) If the applicant for a contractors' license described in Subsection (1) is a
building inspector, the applicant may satisfy Subsection (1)(e)(ii)(A) by producing satisfactory
evidence of two years full-time paid employment experience as a building inspector, which
shall include at least one year full-time experience as a licensed combination inspector.
(b)
 After approval of an applicant for a contractor's license by the applicable board and
the division, the applicant shall file the following with the division before the division issues
the license:
[
(a)
] 
(i)
 proof of workers' compensation insurance which covers employees of the
applicant in accordance with applicable Utah law;
[
(b)
] 
(ii)
 proof of public liability insurance in coverage amounts and form established
by rule except for a construction trades instructor for whom public liability insurance is not
required; and
[
(c)
] 
(iii)
 proof of registration as required by applicable law with the:
[
(i) Utah
] 
(A)
 Department of Commerce;
[
(ii)
] 
(B)
 Division of Corporations and Commercial Code;
[
(iii)
] 
(C)
 Unemployment Insurance Division in the Department of Workforce
Services, for purposes of Title 35A, Chapter 4, Employment Security Act;
[
(iv)
] 
(D)
 State Tax Commission; and
[
(v)
] 
(E)
 Internal Revenue Service.
(3) In addition to the general requirements for each applicant in Subsection (1),
applicants shall comply with the following requirements to be licensed in the following
classifications:
(a) (i) A master plumber shall produce satisfactory evidence that the applicant:
(A) has been a licensed journeyman plumber for at least two years and had two years of
supervisory experience as a licensed journeyman plumber in accordance with division rule;
(B) has received at least an associate of applied science degree or similar degree
following the completion of a course of study approved by the division and had one year of
supervisory experience as a licensed journeyman plumber in accordance with division rule; or
(C) meets the qualifications determined by the division in collaboration with the board
to be equivalent to Subsection (3)(a)(i)(A) or (B).
(ii) An individual holding a valid Utah license as a journeyman plumber, based on at
least four years of practical experience as a licensed apprentice under the supervision of a
licensed journeyman plumber and four years as a licensed journeyman plumber, in effect
immediately prior to May 5, 2008, is on and after May 5, 2008, considered to hold a current
master plumber license under this chapter, and satisfies the requirements of this Subsection
(3)(a) for the purpose of renewal or reinstatement of that license under Section 
58-55-303
.
(iii) An individual holding a valid plumbing contractor's license or residential
plumbing contractor's license, in effect immediately prior to May 5, 2008, is on or after May 5,
2008:
(A) considered to hold a current master plumber license under this chapter if licensed
as a plumbing contractor and a journeyman plumber, and satisfies the requirements of this
Subsection (3)(a) for purposes of renewal or reinstatement of that license under Section
58-55-303
; and
(B) considered to hold a current residential master plumber license under this chapter if
licensed as a residential plumbing contractor and a residential journeyman plumber, and
satisfies the requirements of this Subsection (3)(a) for purposes of renewal or reinstatement of
that license under Section 
58-55-303
.
(b) A master residential plumber applicant shall produce satisfactory evidence that the
applicant:
(i) has been a licensed residential journeyman plumber for at least two years and had
two years of supervisory experience as a licensed residential journeyman plumber in
accordance with division rule; or
(ii) meets the qualifications determined by the division in collaboration with the board
to be equivalent to Subsection (3)(b)(i).
(c) A journeyman plumber applicant shall produce satisfactory evidence of:
(i) successful completion of the equivalent of at least four years of full-time training
and instruction as a licensed apprentice plumber under supervision of a licensed master
plumber or journeyman plumber and in accordance with a planned program of training
approved by the division;
(ii) at least eight years of full-time experience approved by the division in collaboration
with the Plumbers Licensing Board; or
(iii) satisfactory evidence of meeting the qualifications determined by the board to be
equivalent to Subsection (3)(c)(i) or (c)(ii).
(d) A residential journeyman plumber shall produce satisfactory evidence of:
(i) completion of the equivalent of at least three years of full-time training and
instruction as a licensed apprentice plumber under the supervision of a licensed residential
master plumber, licensed residential journeyman plumber, or licensed journeyman plumber in
accordance with a planned program of training approved by the division;
(ii) completion of at least six years of full-time experience in a maintenance or repair
trade involving substantial plumbing work; or
(iii) meeting the qualifications determined by the board to be equivalent to Subsection
(3)(d)(i) or (d)(ii).
(e) The conduct of licensed apprentice plumbers and their licensed supervisors shall be
in accordance with the following:
(i) while engaging in the trade of plumbing, a licensed apprentice plumber shall be
under the immediate supervision of a licensed master plumber, licensed residential master
plumber, licensed journeyman plumber, or a licensed residential journeyman plumber; and
(ii) a licensed apprentice plumber in the fourth through tenth year of training may work
without supervision for a period not to exceed eight hours in any 24-hour period, but if the
apprentice does not become a licensed journeyman plumber or licensed residential journeyman
plumber by the end of the tenth year of apprenticeship, this nonsupervision provision no longer
applies.
(f) A master electrician applicant shall produce satisfactory evidence that the applicant:
(i) is a graduate electrical engineer of an accredited college or university approved by
the division and has one year of practical electrical experience as a licensed apprentice
electrician;
(ii) is a graduate of an electrical trade school, having received an associate of applied
sciences degree following successful completion of a course of study approved by the division,
and has two years of practical experience as a licensed journeyman electrician;
(iii) has four years of practical experience as a journeyman electrician; or
(iv) meets the qualifications determined by the board to be equivalent to Subsection
(3)(f)(i), (ii), or (iii).
(g) A master residential electrician applicant shall produce satisfactory evidence that
the applicant:
(i) has at least two years of practical experience as a residential journeyman electrician;
or
(ii) meets the qualifications determined by the board to be equivalent to this practical
experience.
(h) A journeyman electrician applicant shall produce satisfactory evidence that the
applicant:
(i) has successfully completed at least four years of full-time training and instruction as
a licensed apprentice electrician under the supervision of a master electrician or journeyman
electrician and in accordance with a planned training program approved by the division;
(ii) has at least eight years of full-time experience approved by the division in
collaboration with the Electricians Licensing Board; or
(iii) meets the qualifications determined by the board to be equivalent to Subsection
(3)(h)(i) or (ii).
(i) A residential journeyman electrician applicant shall produce satisfactory evidence
that the applicant:
(i) has successfully completed two years of training in an electrical training program
approved by the division;
(ii) has four years of practical experience in wiring, installing, and repairing electrical
apparatus and equipment for light, heat, and power under the supervision of a licensed master,
journeyman, residential master, or residential journeyman electrician; or
(iii) meets the qualifications determined by the division and applicable board to be
equivalent to Subsection (3)(i)(i) or (ii).
(j) The conduct of licensed apprentice electricians and their licensed supervisors shall
be in accordance with the following:
(i) A licensed apprentice electrician shall be under the immediate supervision of a
licensed master, journeyman, residential master, or residential journeyman electrician. An
apprentice in the fourth year of training may work without supervision for a period not to
exceed eight hours in any 24-hour period.
(ii) A licensed master, journeyman, residential master, or residential journeyman
electrician may have under immediate supervision on a residential project up to three licensed
apprentice electricians.
(iii) A licensed master or journeyman electrician may have under immediate
supervision on nonresidential projects only one licensed apprentice electrician.
(k) An alarm company applicant shall:
(i) have a qualifying agent who is an officer, director, partner, proprietor, or manager of
the applicant who:
(A) demonstrates 6,000 hours of experience in the alarm company business;
(B) demonstrates 2,000 hours of experience as a manager or administrator in the alarm
company business or in a construction business; and
(C) passes an examination component established by rule by the commission with the
concurrence of the director;
(ii) if a corporation, provide:
(A) the names, addresses, dates of birth, social security numbers, and fingerprint cards
of all corporate officers, directors, and those responsible management personnel employed
within the state or having direct responsibility for managing operations of the applicant within
the state; and
(B) the names, addresses, dates of birth, social security numbers, and fingerprint cards
of all shareholders owning 5% or more of the outstanding shares of the corporation, except this
shall not be required if the stock is publicly listed and traded;
(iii) if a limited liability company, provide:
(A) the names, addresses, dates of birth, social security numbers, and fingerprint cards
of all company officers, and those responsible management personnel employed within the
state or having direct responsibility for managing operations of the applicant within the state;
and
(B) the names, addresses, dates of birth, social security numbers, and fingerprint cards
of all individuals owning 5% or more of the equity of the company;
(iv) if a partnership, provide the names, addresses, dates of birth, social security
numbers, and fingerprint cards of all general partners, and those responsible management
personnel employed within the state or having direct responsibility for managing operations of
the applicant within the state;
(v) if a proprietorship, provide the names, addresses, dates of birth, social security
numbers, and fingerprint cards of the proprietor, and those responsible management personnel
employed within the state or having direct responsibility for managing operations of the
applicant within the state;
(vi) if a trust, provide the names, addresses, dates of birth, social security numbers, and
fingerprint cards of the trustee, and those responsible management personnel employed within
the state or having direct responsibility for managing operations of the applicant within the
state;
(vii) be of good moral character in that officers, directors, shareholders described in
Subsection (3)(k)(ii)(B), partners, proprietors, trustees, and responsible management personnel
have not been convicted of a felony, a misdemeanor involving moral turpitude, or any other
crime that when considered with the duties and responsibilities of an alarm company is
considered by the board to indicate that the best interests of the public are served by granting
the applicant a license;
(viii) document that none of the applicant's officers, directors, shareholders described
in Subsection (3)(k)(ii)(B), partners, proprietors, trustees, and responsible management
personnel have been declared by any court of competent jurisdiction incompetent by reason of
mental defect or disease and not been restored;
(ix) document that none of the applicant's officers, directors, shareholders described in
Subsection (3)(k)(ii)(B), partners, proprietors, and responsible management personnel are
currently suffering from habitual drunkenness or from drug addiction or dependence;
(x) file and maintain with the division evidence of:
(A) comprehensive general liability insurance in form and in amounts to be established
by rule by the commission with the concurrence of the director;
(B) workers' compensation insurance that covers employees of the applicant in
accordance with applicable Utah law; and
(C) registration as is required by applicable law with the:
(I) Division of Corporations and Commercial Code;
(II) Unemployment Insurance Division in the Department of Workforce Services, for
purposes of Title 35A, Chapter 4, Employment Security Act;
(III) State Tax Commission; and
(IV) Internal Revenue Service; and
(xi) meet with the division and board.
(l) Each applicant for licensure as an alarm company agent shall:
(i) submit an application in a form prescribed by the division accompanied by
fingerprint cards;
(ii) pay a fee determined by the department under Section 
63J-1-504
;
(iii) be of good moral character in that the applicant has not been convicted of a felony,
a misdemeanor involving moral turpitude, or any other crime that when considered with the
duties and responsibilities of an alarm company agent is considered by the board to indicate
that the best interests of the public are served by granting the applicant a license;
(iv) not have been declared by any court of competent jurisdiction incompetent by
reason of mental defect or disease and not been restored;
(v) not be currently suffering from habitual drunkenness or from drug addiction or
dependence; and
(vi) meet with the division and board if requested by the division or the board.
(m) (i) Each applicant for licensure as an elevator mechanic shall:
(A) provide documentation of experience and education credits of not less than three
years work experience in the elevator industry, in construction, maintenance, or service and
repair; and
(B) satisfactorily complete a written examination administered by the division
established by rule under Section 
58-1-203
; or
(C) provide certificates of completion of an apprenticeship program for elevator
mechanics, having standards substantially equal to those of this chapter and registered with the
United States Department of Labor Bureau Apprenticeship and Training or a state
apprenticeship council.
(ii) (A) If an elevator contractor licensed under this chapter cannot find a licensed
elevator mechanic to perform the work of erecting, constructing, installing, altering, servicing,
repairing, or maintaining an elevator, the contractor may:
(I) notify the division of the unavailability of licensed personnel; and
(II) request the division issue a temporary elevator mechanic license to an individual
certified by the contractor as having an acceptable combination of documented experience and
education to perform the work described in this Subsection (3)(m)(ii)(A).
(B) (I) The division may issue a temporary elevator mechanic license to an individual
certified under Subsection (3)(m)(ii)(A)(II) upon application by the individual, accompanied by
the appropriate fee as determined by the department under Section 
63J-1-504
.
(II) The division shall specify the time period for which the license is valid and may
renew the license for an additional time period upon its determination that a shortage of
licensed elevator mechanics continues to exist.
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division may make rules establishing when Federal Bureau of Investigation records shall be
checked for applicants as an alarm company or alarm company agent.
(5) To determine if an applicant meets the qualifications of Subsections (3)(k)(vii) and
(3)(l)(iii), the division shall provide an appropriate number of copies of fingerprint cards to the
Department of Public Safety with the division's request to:
(a) conduct a search of records of the Department of Public Safety for criminal history
information relating to each applicant for licensure as an alarm company or alarm company
agent and each applicant's officers, directors, shareholders described in Subsection
(3)(k)(ii)(B), partners, proprietors, and responsible management personnel; and
(b) forward to the Federal Bureau of Investigation a fingerprint card of each applicant
requiring a check of records of the Federal Bureau of Investigation for criminal history
information under this section.
(6) The Department of Public Safety shall send to the division:
(a) a written record of criminal history, or certification of no criminal history record, as
contained in the records of the Department of Public Safety in a timely manner after receipt of
a fingerprint card from the division and a request for review of Department of Public Safety
records; and
(b) the results of the Federal Bureau of Investigation review concerning an applicant in
a timely manner after receipt of information from the Federal Bureau of Investigation.
(7) (a) The division shall charge each applicant for licensure as an alarm company or
alarm company agent a fee, in accordance with Section 
63J-1-504
, equal to the cost of
performing the records reviews under this section.
(b) The division shall pay the Department of Public Safety the costs of all records
reviews, and the Department of Public Safety shall pay the Federal Bureau of Investigation the
costs of records reviews under this section.
(8) Information obtained by the division from the reviews of criminal history records of
the Department of Public Safety and the Federal Bureau of Investigation shall be used or
disseminated by the division only for the purpose of determining if an applicant for licensure as
an alarm company or alarm company agent is qualified for licensure.
(9) (a) An application for licensure under this chapter shall be denied if:
(i) the applicant has had a previous license, which was issued under this chapter,
suspended or revoked within one year prior to the date of the applicant's application;
(ii) (A) the applicant is a partnership, corporation, or limited liability company; and
(B) any corporate officer, director, shareholder holding 25% or more of the stock in the
applicant, partner, member, agent acting as a qualifier, or any person occupying a similar
status, performing similar functions, or directly or indirectly controlling the applicant has
served in any similar capacity with any person or entity which has had a previous license,
which was issued under this chapter, suspended or revoked within one year prior to the date of
the applicant's application;
(iii) (A) the applicant is an individual or sole proprietorship; and
(B) any owner or agent acting as a qualifier has served in any capacity listed in
Subsection (9)(a)(ii)(B) in any entity which has had a previous license, which was issued under
this chapter, suspended or revoked within one year prior to the date of the applicant's
application; or
(iv) (A) the applicant includes an individual who was an owner, director, or officer of
an unincorporated entity at the time the entity's license under this chapter was revoked; and
(B) the application for licensure is filed within 60 months after the revocation of the
unincorporated entity's license.
(b) An application for licensure under this chapter shall be reviewed by the appropriate
licensing board prior to approval if:
(i) the applicant has had a previous license, which was issued under this chapter,
suspended or revoked more than one year prior to the date of the applicant's application;
(ii) (A) the applicant is a partnership, corporation, or limited liability company; and
(B) any corporate officer, director, shareholder holding 25% or more of the stock in the
applicant, partner, member, agent acting as a qualifier, or any person occupying a similar
status, performing similar functions, or directly or indirectly controlling the applicant has
served in any similar capacity with any person or entity which has had a previous license,
which was issued under this chapter, suspended or revoked more than one year prior to the date
of the applicant's application; or
(iii) (A) the applicant is an individual or sole proprietorship; and
(B) any owner or agent acting as a qualifier has served in any capacity listed in
Subsection (9)(b)(ii)(B) in any entity which has had a previous license, which was issued under
this chapter, suspended or revoked more than one year prior to the date of the applicant's
application.
(10) (a) (i) A licensee that is an unincorporated entity shall file an ownership status
report with the division every 30 days after the day on which the license is issued if the licensee
has more than five owners who are individuals who:
(A) own an interest in the contractor that is an unincorporated entity;
(B) own, directly or indirectly, less than an 8% interest, as defined by rule made by the
division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in the
unincorporated entity; and
(C) engage, or will engage, in a construction trade in the state as owners of the
contractor described in Subsection (10)(a)(i)(A).
(ii) If the licensee has five or fewer owners described in Subsection (10)(a)(i), the
licensee shall provide the ownership status report with an application for renewal of licensure.
(b) An ownership status report required under this Subsection (10) shall:
(i) specify each addition or deletion of an owner:
(A) for the first ownership status report, after the day on which the unincorporated
entity is licensed under this chapter; and
(B) for a subsequent ownership status report, after the day on which the previous
ownership status report is filed;
(ii) be in a format prescribed by the division that includes for each owner, regardless of
the owner's percentage ownership in the unincorporated entity, the information described in
Subsection(1)(e)(v);
(iii) list the name of:
(A) each officer or manager of the unincorporated entity; and
(B) each other individual involved in the operation, supervision, or management of the
unincorporated entity; and
(iv) be accompanied by a fee set by the division in accordance with Section 
63J-1-504
if the ownership status report indicates there is a change described in Subsection (10)(b)(i).
(c) The division may, at any time, audit an ownership status report under this
Subsection (10):
(i) to determine if financial responsibility has been demonstrated or maintained as
required under Section 
58-55-306
; and
(ii) to determine compliance with Subsection 
58-55-501
(24), (25), or (27) or
Subsection 
58-55-502
(8) or (9).
(11) (a) An unincorporated entity that provides labor to an entity licensed under this
chapter by providing an individual who owns an interest in the unincorporated entity to engage
in a construction trade in Utah shall file with the division:
(i) before the individual who owns an interest in the unincorporated entity engages in a
construction trade in Utah, a current list of the one or more individuals who hold an ownership
interest in the unincorporated entity that includes for each individual:
(A) the individual's name, address, birth date, and social security number; and
(B) whether the individual will engage in a construction trade; and
(ii) every 30 days after the day on which the unincorporated entity provides the list
described in Subsection (11)(a)(i), an ownership status report containing the information that
would be required under Subsection (10) if the unincorporated entity were a licensed
contractor.
(b) When filing an ownership list described in Subsection (11)(a)(i) or an ownership
status report described in Subsection (11)(a)(ii), an unincorporated entity shall pay a fee set by
the division in accordance with Section 
63J-1-504
.
(12) This chapter may not be interpreted to create or support an express or implied
independent contractor relationship between an unincorporated entity described in Subsection
(10) or (11) and the owners of the unincorporated entity for any purpose, including income tax
withholding.
(13) A social security number provided under Subsection (1)(e)(v) is a private record
under Subsection 
63G-2-302
(1)(i).
Legislative Review Note
Office of Legislative Research and General Counsel