Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 313 Second Substitute (2017GS)

Sponsor

Rep. Schultz, M.

Final action

Governor Signed 3/25/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms related to certain electrical contractors, plumbing contractors, and prelicensure course providers under the act;
• modifies the testing and work experience requirements for licensure as a specialty contractor under the act;
• modifies continuing education requirements for certain contractors; and
• makes technical changes.

Every vote on this bill

Bill text

LICENSURE CHANGES
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Mike Schultz
Senate Sponsor: 
Curtis S. Bramble
LONG TITLE
General Description:
This bill modifies the Utah Construction Trades Licensing Act (the act).
Highlighted Provisions:
This bill:
▸ defines terms related to certain electrical contractors, plumbing contractors, and
prelicensure course providers under the act;
▸ modifies the testing and work experience requirements for licensure as a specialty
contractor under the act;
▸ modifies continuing education requirements for certain contractors; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-55-102
, as last amended by Laws of Utah 2016, Chapter 268
58-55-301
, as last amended by Laws of Utah 2010, Chapter 227
58-55-302
, as last amended by Laws of Utah 2016, Chapters 238 and 268
58-55-302.5
, as last amended by Laws of Utah 2016, Chapter 260
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 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) (a) "Approved prelicensure course provider" means a provider that is approved by
the commission with the concurrence of the director, 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.
[
(7)
] 
(8)
 "Board" means the Electrician Licensing Board, Alarm System Security and
Licensing Board, or Plumbers Licensing Board created in Section 
58-55-201
.
[
(8)
] 
(9)
 "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)
] 
(10)
 "Commission" means the Construction Services Commission created under
Section 
58-55-103
.
[
(10)
] 
(11)
 "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)
] 
(12)
 "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)
] 
(13)
 (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)
] 
(13)
, by advertising on a website or social media, or any
other means;
(iii) any person engaged as a maintenance person, other than an employee, who
regularly engages in activities set forth under the definition of "construction trade";
(iv) any person engaged in, or offering to engage in, any construction trade for which
licensure is required under this chapter; or
(v) a construction manager, construction consultant, construction assistant, or any other
person who, for a fee:
(A) performs or offers to perform construction consulting;
(B) performs or offers to perform management of construction subcontractors;
(C) provides or offers to provide a list of subcontractors or suppliers; or
(D) provides or offers to provide management or counseling services on a construction
project.
(b) "Contractor" does not include:
(i) an alarm company or alarm company agent; or
(ii) a material supplier who provides consulting to customers regarding the design and
installation of the material supplier's products.
[
(13)
] 
(14)
 (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)
] 
(14)
(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)
] 
(14)
(c).
[
(14)
] 
(15)
 "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.
[
(15)
] 
(16)
 "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)
] 
(17)
 "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)
] 
(18)
 "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)
] 
(19)
 "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)
] 
(20)
 (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)
] 
(21)
 "Gas appliance" means any device that uses natural gas to produce light,
heat, power, steam, hot water, refrigeration, or air conditioning.
[
(21)
] 
(22)
 (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.
(23) (a) "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, or apparatus that uses
electrical energy.
(b) The scope of work of a general electrical contractor may be further defined by rules
made by the commission, with the concurrence of the director, in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act.
[
(22)
] 
(24)
 (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.
(25) (a) "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, and a safe and adequate supply of gases for lighting, heating, and
industrial purposes.
(b) The scope of work of a general plumbing contractor may be further defined by rules
made by the commission, with the concurrence of the director, in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act.
[
(23)
] 
(26)
 "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)
] 
(27)
 "Individual" means a natural person.
[
(25)
] 
(28)
 "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)
] 
(29)
 "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)
] 
(30)
 "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)
] 
(31)
 "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)
] 
(32)
 "Person" means a natural person, sole proprietorship, joint venture,
corporation, limited liability company, association, or organization of any type.
[
(30)
] 
(33)
 (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; [
or
]
(iii) [
the
] 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, [
and
] 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.
[
(31)
] 
(34)
 (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)
] 
(35)
 "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)
] 
(36)
 "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.
(37) (a) "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.
(b) The scope of work of a residential electrical contractor may be further defined by
rules made by the commission, with the concurrence of the director, in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act.
[
(34)
] 
(38)
 "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)
] 
(39)
 "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)
] 
(40)
 "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)
] 
(41)
 "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.
(42) (a) "Residential 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 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, and a safe and adequate supply of gases for lighting,
heating, and industrial purposes.
(b) The scope of work of a residential plumbing contractor may be further defined by
rules made by the commission, with the concurrence of the director, in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act.
[
(38)
] 
(43)
 "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)
] 
(44)
 "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)
] 
(45)
 (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)
] 
(46)
 "Unincorporated entity" means an entity that is not:
(a) an individual;
(b) a corporation; or
(c) publicly traded.
[
(42)
] 
(47)
 "Unlawful conduct" means the same as that term is defined in Sections
58-1-501
 and 
58-55-501
.
[
(43)
] 
(48)
 "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.
[
(44)
] 
(49)
 "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. Section 
58-55-301
 is amended to read:
58-55-301.
License required -- License classifications.
(1) (a) A person engaged in the construction trades licensed under this chapter, as a
contractor regulated under this chapter, as an alarm business or company, or as an alarm
company agent, shall become licensed under this chapter before engaging in that trade or
contracting activity in this state unless specifically exempted from licensure under Section
58-1-307
 or 
58-55-305
.
(b) The license issued under this chapter and the business license issued by the local
jurisdiction in which the licensee has its principal place of business shall be the only licenses
required for the licensee to engage in a trade licensed by this chapter, within the state.
(c) Neither the state nor any of its political subdivisions may require of a licensee any
additional business licenses, registrations, certifications, contributions, donations, or anything
else established for the purpose of qualifying a licensee under this chapter to do business in that
local jurisdiction, except for contract prequalification procedures required by state agencies, or
the payment of any fee for the license, registration, or certification established as a condition to
do business in that local jurisdiction.
(2) The division shall issue licenses under this chapter to qualified persons in the
following classifications:
(a) general engineering contractor;
(b) general building contractor;
(c) residential and small commercial contractor;
(d) elevator contractor;
(e) general plumbing contractor;
(f) residential plumbing contractor;
(g) general electrical contractor;
(h) residential electrical contractor;
[
(e)
] 
(i)
 specialty contractor;
[
(f)
] 
(j)
 master plumber;
[
(g)
] 
(k)
 residential master plumber;
[
(h)
] 
(l)
 journeyman plumber;
[
(i)
] 
(m)
 apprentice plumber;
[
(j)
] 
(n)
 residential journeyman plumber;
[
(k)
] 
(o)
 master electrician;
[
(l)
] 
(p)
 residential master electrician;
[
(m)
] 
(q)
 journeyman electrician;
[
(n)
] 
(r)
 residential journeyman electrician;
[
(o)
] 
(s)
 apprentice electrician;
[
(p)
] 
(t)
 construction trades instructor:
(i) general engineering classification;
(ii) general building classification;
(iii) electrical classification;
(iv) plumbing classification; and
(v) mechanical classification;
[
(q)
] 
(u)
 alarm company;
[
(r)
] 
(v)
 alarm company agent; and
[
(s)
] 
(w)
 elevator mechanic.
(3) (a) An applicant may apply for a license in one or more classification or specialty
contractor subclassification.
(b) A license shall be granted in each classification or subclassification for which the
applicant qualifies.
(c) A separate application and fee must be submitted for each license classification or
subclassification.
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
] 
that no examination, other than an
examination as part of a 25-hour course described in Subsection (1)(e)(iii), is required for
licensure as an apprentice electrician, apprentice plumber, or specialty contractor
; 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), 
and except that no employment experience
is required for licensure as a specialty contractor,
 two years full-time paid employment
experience in the construction industry, which [
experience, unless more specifically described in
this section,
] 
employment experience
 may be related to any contracting classification 
unless
more specifically described in this section
; 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
] 
25-hour
 course established by rule by the commission with
the concurrence of the director, 
which is taught by an approved prelicensure course provider,
and
 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; 
and
(E) for no additional fee, an examination at the end of the 25-hour course;
(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 contractor's license described in Subsection (1) is a building
inspector, the applicant may satisfy Subsection (1)(e)(ii)(A) by producing satisfactory evidence
of two years 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:
(i) proof of workers' compensation insurance which covers employees of the applicant
in accordance with applicable Utah law;
(ii) proof of public liability insurance in coverage amounts and form established by rule
except for a construction trades instructor for whom public liability insurance is not required;
and
(iii) proof of registration as required by applicable law with the:
(A) Department of Commerce;
(B) Division of Corporations and Commercial Code;
(C) Unemployment Insurance Division in the Department of Workforce Services, for
purposes of Title 35A, Chapter 4, Employment Security Act;
(D) State Tax Commission; and
(E) Internal Revenue Service.
(3) In addition to the general requirements for each applicant in Subsection (1),
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 two years before the date of the applicant's application;
(ii) (A) the applicant is a partnership, corporation, or limited liability company; and
(B) any corporate officer, director, shareholder holding 25% or more of the stock in the
applicant, partner, member, agent acting as a qualifier, or any person occupying a similar status,
performing similar functions, or directly or indirectly controlling the applicant has served in any
similar capacity with any person or entity 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;
(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 two years before the date of the applicant's
application; or
(iv) (A) the applicant includes an individual who was an owner, director, or officer of
an unincorporated entity at the time the entity's license under this chapter was revoked; and
(B) the application for licensure is filed within 60 months after the revocation of the
unincorporated entity's license.
(b) 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 two years before the date of the applicant's application;
(ii) (A) the applicant is a partnership, corporation, or limited liability company; and
(B) any corporate officer, director, shareholder holding 25% or more of the stock in the
applicant, partner, member, agent acting as a qualifier, or any person occupying a similar status,
performing similar functions, or directly or indirectly controlling the applicant has served in any
similar capacity with any person or entity which has had a previous license, which was issued
under this chapter, suspended or revoked more than two years before the date of the applicant's
application; or
(iii) (A) the applicant is an individual or sole proprietorship; and
(B) any owner or agent acting as a qualifier has served in any capacity listed in
Subsection (9)(b)(ii)(B) in any entity which 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.
(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).
Section 4. Section 
58-55-302.5
 is amended to read:
58-55-302.5.
Continuing education requirements for contractor licensees --
Continuing education courses.
(1) Each contractor licensee under a license issued under this chapter shall complete six
hours of approved continuing education during each two-year renewal cycle established by rule
under Subsection 
58-55-303
(1).
(2) (a) The commission shall, with the concurrence of the division, establish by rule a
program of approved continuing education for contractor licensees.
(b) Except as provided in Subsection (2)(e), beginning on or after June 1, 2015, only
courses offered by any of the following may be included in the program of approved continuing
education for contractor licensees:
(i) the Associated General Contractors of Utah;
(ii) Associated Builders and Contractors, Utah Chapter;
(iii) the Home Builders Association of Utah;
(iv) the National Electrical Contractors Association Intermountain Chapter;
(v) the Utah Plumbing & Heating Contractors Association;
(vi) the Independent Electrical Contractors of Utah;
(vii) the Rocky Mountain Gas Association;
(viii) the Utah Mechanical Contractors Association;
(ix) the Sheet Metal Contractors Association;
(x) the Intermountain Electrical Association;
(xi) the Builders Bid Service of Utah; or
(xii) Utah Roofing Contractors Association.
(c) An approved continuing education program for a contractor licensee may include a
course approved by an entity described in Subsections (2)(b)(i) through (2)(b)(iii).
(d) (i) Except as provided in Subsections (2)(d)(ii) and (iii), an entity listed in
Subsections (2)(b)(iv) through (2)(b)(xii) may only offer and market continuing education
courses to a licensee who is a member of the entity.
(ii) An entity described in Subsection (2)(b)(iv), (vi), or (x) may offer and market a
continuing education course that the entity offers to satisfy the continuing education
requirement described in Subsection 
58-55-302.7
(2)(a) to a contractor in the electrical trade.
(iii) An entity described in Subsection (2)(b)(v) or (viii) may offer and market a
continuing education course that the entity offers to satisfy the continuing education
requirement described in Subsection 
58-55-302.7
(2)(b) to a contractor in the plumbing trade.
(e) On or after June 1, 2015, an approved continuing education program for a
contractor licensee may include a course offered and taught by:
(i) a state executive branch agency;
(ii) the Workers' Compensation Fund created in Section 
31A-33-102
; or
(iii) a nationally or regionally accredited college or university that has a physical campus
in the state.
(f) On or after June 1, 2017, for a contractor licensee that is licensed in the specialty
contractor classification of HVAC contractor, at least three of the six hours described in
Subsection (1) shall include continuing education directly related to the installation, repair, or
replacement of a heating, ventilation, or air conditioning system.
(3) The division may contract with a person to establish and maintain a continuing
education registry to include:
(a) a list of courses that the division has approved for inclusion in the program of
approved continuing education; and
(b) a list of courses that:
(i) a contractor licensee has completed under the program of approved continuing
education; and
(ii) the licensee may access to monitor the licensee's compliance with the continuing
education requirement established under Subsection (1).
(4) The division may charge a fee, as established by the division under Section
63J-1-504
, to administer the requirements of this section.