Utah 2025 Regular Session

Utah House Bill HB0442 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 442
	1	+	03-07 08:54 4th Sub. (Green) H.B. 442
	2	+	Thomas W. Peterson proposes the following substitute bill:
2	3		1
3	4		Construction Trades Licensing Amendments
4	5		2025 GENERAL SESSION
5	6		STATE OF UTAH
6	7		Chief Sponsor: Thomas W. Peterson
7	8		Senate Sponsor: Calvin R. Musselman
8	9		2
9	10
10	11		3
11	12		LONG TITLE
12	13		4
13	14		General Description:
14	15		5
15	16		This bill modifies requirements for construction trade licenses.
16	17		6
17	18		Highlighted Provisions:
18	19		7
19	20		This bill:
20	21		8
21	22		▸ provides requirements for a general engineering contractor license for electrical utilities;
22	23		9
23	24		▸ allows an applicant with sufficient experience to obtain a general engineering contractor
24	25		10
25	26		license;
26	27		11
27	28		▸ grants rulemaking authority to the division to establish by rule sufficient experience for
28	29		12
29	30		an applicant with a journeyman lineman license from another jurisdiction; and
30	31		13
31	32		▸ provides the requirements for an HVAC contractor license.
32	33		14
33	34		Money Appropriated in this Bill:
34	35		15
35	36		None
36	37		16
37	38		Other Special Clauses:
38	39		17
39	40		None
40	41		18
41	42		Utah Code Sections Affected:
42	43		19
43	44		AMENDS:
44	45		20
45	46		58-55-102, as last amended by Laws of Utah 2024, Chapter 507
46	47		21
47	48		58-55-301, as last amended by Laws of Utah 2017, Chapter 411
48	49		22
49	50		58-55-302, as last amended by Laws of Utah 2024, Chapter 507
50	51		23
51	52
52	53		24
53	54		Be it enacted by the Legislature of the state of Utah:
54	55		25
55	56		Section 1. Section 58-55-102 is amended to read:
56	57		26
57	58		58-55-102 . Definitions.
58	59		27
59		-	In addition to the definitions in Section 58-1-102, as used in this chapter: ~~H.B. 442 Enrolled Copy~~
	60	+	In addition to the definitions in Section 58-1-102, as used in this chapter:
60	61		28
61	62		(1)(a) "Alarm business" or "alarm company" means a person engaged in the sale,
	63	+	4th Sub. H.B. 442 4th Sub. (Green) H.B. 442 03-07 08:54
62	64		29
63	65		installation, maintenance, alteration, repair, replacement, servicing, or monitoring of
64	66		30
65	67		an alarm system, except as provided in Subsection (1)(b).
66	68		31
67	69		(b) "Alarm business" or "alarm company" does not include:
68	70		32
69	71		(i) a person engaged in the manufacture or sale of alarm systems unless:
70	72		33
71	73		(A) that person is also engaged in the installation, maintenance, alteration, repair,
72	74		34
73	75		replacement, servicing, or monitoring of alarm systems;
74	76		35
75	77		(B) the manufacture or sale occurs at a location other than a place of business
76	78		36
77	79		established by the person engaged in the manufacture or sale; or
78	80		37
79	81		(C) the manufacture or sale involves site visits at the place or intended place of
80	82		38
81	83		installation of an alarm system; or
82	84		39
83	85		(ii) an owner of an alarm system, or an employee of the owner of an alarm system
84	86		40
85	87		who is engaged in installation, maintenance, alteration, repair, replacement,
86	88		41
87	89		servicing, or monitoring of the alarm system owned by that owner.
88	90		42
89	91		(2) "Alarm company agent":
90	92		43
91	93		(a) except as provided in Subsection (2)(b), means any individual employed within this
92	94		44
93	95		state by an alarm business; and
94	96		45
95	97		(b) does not include an individual who:
96	98		46
97	99		(i) is not engaged in the sale, installation, maintenance, alteration, repair,
98	100		47
99	101		replacement, servicing, or monitoring of an alarm system; and
100	102		48
101	103		(ii) does not, during the normal course of the individual's employment with an alarm
102	104		49
103	105		business, use or have access to sensitive alarm system information.
104	106		50
105	107		(3) "Alarm company officer" means:
106	108		51
107	109		(a) a governing person, as defined in Section 48-3a-102, of an alarm company;
108	110		52
109	111		(b) an individual appointed as an officer of an alarm company that is a corporation in
110	112		53
111	113		accordance with Section 16-10a-830;
112	114		54
113	115		(c) a general partner, as defined in Section 48-2e-102, of an alarm company; or
114	116		55
115	117		(d) a partner, as defined in Section 48-1d-102, of an alarm company.
116	118		56
117	119		(4) "Alarm company owner" means:
118	120		57
119	121		(a) a shareholder, as defined in Section 16-10a-102, who owns directly, or indirectly
120	122		58
121	123		through an entity controlled by the individual, 5% or more of the outstanding shares
122	124		59
123	125		of an alarm company that:
124	126		60
125	127		(i) is a corporation; and
126	128		61
127	129		(ii) is not publicly listed or traded; or
128		-	- 2 - Enrolled Copy H.B. 442
129	130		62
130	131		(b) an individual who owns directly, or indirectly through an entity controlled by the
	132	+	- 2 - 03-07 08:54 4th Sub. (Green) H.B. 442
131	133		63
132	134		individual, 5% or more of the equity of an alarm company that is not a corporation.
133	135		64
134	136		(5) "Alarm company proprietor" means the sole proprietor of an alarm company that is
135	137		65
136	138		registered as a sole proprietorship with the Division of Corporations and Commercial
137	139		66
138	140		Code.
139	141		67
140	142		(6) "Alarm company trustee" means an individual with control of or power of
141	143		68
142	144		administration over property held in trust.
143	145		69
144	146		(7)(a) "Alarm system" means equipment and devices assembled for the purpose of:
145	147		70
146	148		(i) detecting and signaling unauthorized intrusion or entry into or onto certain
147	149		71
148	150		premises; or
149	151		72
150	152		(ii) signaling a robbery or attempted robbery on protected premises.
151	153		73
152	154		(b) "Alarm system" includes a battery-charged suspended-wire system or fence that is
153	155		74
154	156		part of and interfaces with an alarm system for the purposes of detecting and
155	157		75
156	158		deterring unauthorized intrusion or entry into or onto certain premises.
157	159		76
158	160		(8) "Apprentice electrician" means a person licensed under this chapter as an apprentice
159	161		77
160	162		electrician who is learning the electrical trade under the immediate supervision of a
161	163		78
162	164		master electrician, residential master electrician, a journeyman electrician, or a
163	165		79
164	166		residential journeyman electrician.
165	167		80
166	168		(9) "Apprentice plumber" means a person licensed under this chapter as an apprentice
167	169		81
168	170		plumber who is learning the plumbing trade under the immediate supervision of a master
169	171		82
170	172		plumber, residential master plumber, journeyman plumber, or a residential journeyman
171	173		83
172	174		plumber.
173	175		84
174	176		(10) "Approved continuing education" means instruction provided through courses under a
175	177		85
176	178		program established under Subsection 58-55-302.5(2).
177	179		86
178	180		(11)(a) "Approved prelicensure course provider" means a provider that is the Associated
179	181		87
180	182		General Contractors of Utah, the Utah Chapter of the Associated Builders and
181	183		88
182	184		Contractors, or the Utah Home Builders Association, and that meets the requirements
183	185		89
184	186		established by rule by the commission with the concurrence of the director, to teach
185	187		90
186	188		the 25-hour course described in Subsection 58-55-302(1)(e)(iii).
187	189		91
188	190		(b) "Approved prelicensure course provider" may only include a provider that, in
189	191		92
190	192		addition to any other locations, offers the 25-hour course described in Subsection
191	193		93
192	194		58-55-302(1)(e)(iii) at least six times each year in one or more counties other than
193	195		94
194	196		Salt Lake County, Utah County, Davis County, or Weber County.
195	197		95
196	198		(12) "Board" means the Alarm System Security and Licensing Board or Electricians and
197		-	- 3 - H.B. 442 Enrolled Copy
198	199		96
199	200		Plumbers Licensing Board created in Section 58-55-201.
	201	+	- 3 - 4th Sub. (Green) H.B. 442 03-07 08:54
200	202		97
201	203		(13) "Combustion system" means an assembly consisting of:
202	204		98
203	205		(a) piping and components with a means for conveying, either continuously or
204	206		99
205	207		intermittently, natural gas from the outlet of the natural gas provider's meter to the
206	208		100
207	209		burner of the appliance;
208	210		101
209	211		(b) the electric control and combustion air supply and venting systems, including air
210	212		102
211	213		ducts; and
212	214		103
213	215		(c) components intended to achieve control of quantity, flow, and pressure.
214	216		104
215	217		(14) "Commission" means the Construction Services Commission created under Section
216	218		105
217	219		58-55-103.
218	220		106
219	221		(15) "Construction trade" means any trade or occupation involving:
220	222		107
221	223		(a)(i) construction, alteration, remodeling, repairing, wrecking or demolition, addition
222	224		108
223	225		to, or improvement of any building, highway, road, railroad, dam, bridge,
224	226		109
225	227		structure, excavation or other project, development, or improvement to other than
226	228		110
227	229		personal property; and
228	230		111
229	231		(ii) constructing, remodeling, or repairing a manufactured home or mobile home as
230	232		112
231	233		defined in Section 15A-1-302; or
232	234		113
233	235		(b) installation or repair of a residential or commercial natural gas appliance or
234	236		114
235	237		combustion system.
236	238		115
237	239		(16) "Construction trades instructor" means a person licensed under this chapter to teach
238	240		116
239	241		one or more construction trades in both a classroom and project environment, where a
240	242		117
241	243		project is intended for sale to or use by the public and is completed under the direction
242	244		118
243	245		of the instructor, who has no economic interest in the project.
244	246		119
245	247		(17)(a) "Contractor" means any person who for compensation other than wages as an
246	248		120
247	249		employee undertakes any work in the construction, plumbing, or electrical trade for
248	250		121
249	251		which licensure is required under this chapter and includes:
250	252		122
251	253		(i) a person who builds any structure on the person's own property for the purpose of
252	254		123
253	255		sale or who builds any structure intended for public use on the person's own
254	256		124
255	257		property;
256	258		125
257	259		(ii) any person who represents that the person is a contractor, or will perform a
258	260		126
259	261		service described in this Subsection (17) by advertising on a website or social
260	262		127
261	263		media, or any other means;
262	264		128
263	265		(iii) any person engaged as a maintenance person, other than an employee, who
264	266		129
265	267		regularly engages in activities set forth under the definition of "construction trade";
266		-	- 4 - Enrolled Copy H.B. 442
267	268		130
268	269		(iv) any person engaged in, or offering to engage in, any construction trade for which
	270	+	- 4 - 03-07 08:54 4th Sub. (Green) H.B. 442
269	271		131
270	272		licensure is required under this chapter; or
271	273		132
272	274		(v) a construction manager, construction consultant, construction assistant, or any
273	275		133
274	276		other person who, for a fee:
275	277		134
276	278		(A) performs or offers to perform construction consulting;
277	279		135
278	280		(B) performs or offers to perform management of construction subcontractors;
279	281		136
280	282		(C) provides or offers to provide a list of subcontractors or suppliers; or
281	283		137
282	284		(D) provides or offers to provide management or counseling services on a
283	285		138
284	286		construction project.
285	287		139
286	288		(b) "Contractor" does not include:
287	289		140
288	290		(i) an alarm company or alarm company agent; or
289	291		141
290	292		(ii) a material supplier who provides consulting to customers regarding the design
291	293		142
292	294		and installation of the material supplier's products.
293	295		143
294	296		(18)(a) "Electrical trade" means the performance of any electrical work involved in the
295	297		144
296	298		installation, construction, alteration, change, repair, removal, or maintenance of
297	299		145
298	300		facilities, buildings, or appendages or appurtenances.
299	301		146
300	302		(b) "Electrical trade" does not include:
301	303		147
302	304		(i) transporting or handling electrical materials;
303	305		148
304	306		(ii) preparing clearance for raceways for wiring;
305	307		149
306	308		(iii) work commonly done by unskilled labor on any installations under the exclusive
307	309		150
308	310		control of electrical utilities;
309	311		151
310	312		(iv) work involving cable-type wiring that does not pose a shock or fire-initiation
311	313		152
312	314		hazard; or
313	315		153
314	316		(v) work involving class two or class three power-limited circuits as defined in the
315	317		154
316	318		National Electrical Code.
317	319		155
318	320		(19) "Elevator" means the same as that term is defined in Section 34A-7-202, except that
319	321		156
320	322		for purposes of this chapter it does not mean a stair chair, a vertical platform lift, or an
321	323		157
322	324		incline platform lift.
323	325		158
324	326		(20) "Elevator contractor" means a sole proprietor, firm, or corporation licensed under this
325	327		159
326	328		chapter that is engaged in the business of erecting, constructing, installing, altering,
327	329		160
328	330		servicing, repairing, or maintaining an elevator.
329	331		161
330	332		(21) "Elevator mechanic" means an individual who is licensed under this chapter as an
331	333		162
332	334		elevator mechanic and who is engaged in erecting, constructing, installing, altering,
333	335		163
334	336		servicing, repairing, or maintaining an elevator under the immediate supervision of an
335		-	- 5 - H.B. 442 Enrolled Copy
336	337		164
337	338		elevator contractor.
	339	+	- 5 - 4th Sub. (Green) H.B. 442 03-07 08:54
338	340		165
339	341		(22) "Employee" means an individual as defined by the division by rule giving
340	342		166
341	343		consideration to the definition adopted by the Internal Revenue Service and the
342	344		167
343	345		Department of Workforce Services.
344	346		168
345	347		(23) "Engage in a construction trade" means to:
346	348		169
347	349		(a) engage in, represent oneself to be engaged in, or advertise oneself as being engaged
348	350		170
349	351		in a construction trade; or
350	352		171
351	353		(b) use the name "contractor" or "builder" or in any other way lead a reasonable person
352	354		172
353	355		to believe one is or will act as a contractor.
354	356		173
355	357		(24)(a) "Financial responsibility" means a demonstration of a current and expected
356	358		174
357	359		future condition of financial solvency evidencing a reasonable expectation to the
358	360		175
359	361		division and the board that an applicant or licensee can successfully engage in
360	362		176
361	363		business as a contractor without jeopardy to the public health, safety, and welfare.
362	364		177
363	365		(b) Financial responsibility may be determined by an evaluation of the total history
364	366		178
365	367		concerning the licensee or applicant including past, present, and expected condition
366	368		179
367	369		and record of financial solvency and business conduct.
368	370		180
369	371		(25) "Gas appliance" means any device that uses natural gas to produce light, heat, power,
370	372		181
371	373		steam, hot water, refrigeration, or air conditioning.
372	374		182
373	375		(26)(a) "General building contractor" means a person licensed under this chapter as a
374	376		183
375	377		general building contractor qualified by education, training, experience, and
376	378		184
377	379		knowledge to perform or superintend construction of structures for the support,
378	380		185
379	381		shelter, and enclosure of persons, animals, chattels, or movable property of any kind
380	382		186
381	383		or any of the components of that construction except plumbing, electrical work,
382	384		187
383	385		mechanical work, work related to the operating integrity of an elevator, and
384	386		188
385	387		manufactured housing installation, for which the general building contractor shall
386	388		189
387	389		employ the services of a contractor licensed in the particular specialty, except that a
388	390		190
389	391		general building contractor engaged in the construction of single-family and
390	392		191
391	393		multifamily residences up to four units may perform the mechanical work and hire a
392	394		192
393	395		licensed plumber or electrician as an employee.
394	396		193
395	397		(b) The division may by rule exclude general building contractors from engaging in the
396	398		194
397	399		performance of other construction specialties in which there is represented a
398	400		195
399	401		substantial risk to the public health, safety, and welfare, and for which a license is
400	402		196
401	403		required unless that general building contractor holds a valid license in that specialty
402	404		197
403	405		classification.
404		-	- 6 - Enrolled Copy H.B. 442
405	406		198
406	407		(27)[(a)] "General electrical contractor" means a person licensed under this chapter as a
	408	+	- 6 - 03-07 08:54 4th Sub. (Green) H.B. 442
407	409		199
408	410		general electrical contractor qualified by education, training, experience, and
409	411		200
410	412		knowledge to perform the fabrication, construction, and installation of generators,
411	413		201
412	414		transformers, conduits, raceways, panels, switch gear, electrical wires, fixtures,
413	415		202
414	416		appliances, [or ]apparatus that uses electrical energy, or any other work the division
415	417		203
416	418		authorizes by rule in accordance with Subsection 58-55-301(4).
417	419		204
418	420		[(b) The scope of work of a general electrical contractor may be further defined by rules
419	421		205
420	422		made by the commission, with the concurrence of the director, in accordance with
421	423		206
422	424		Title 63G, Chapter 3, Utah Administrative Rulemaking Act.]
423	425		207
424	426		(28)(a) "General engineering contractor" means a person licensed under this chapter as a
425	427		208
426	428		general engineering contractor qualified by education, training, experience, and
427	429		209
428	430		knowledge to perform or superintend construction of fixed works, or components of
429	431		210
430	432		fixed works requiring specialized engineering knowledge and skill in[ any of the
431	433		211
432	434		following]:
433	435		212
434	436		[(i) irrigation;]
435	437		213
436	438		[(ii) drainage;]
437	439		214
438	440		[(iii) water power;]
439	441		215
440	442		[(iv) water supply;]
441	443		216
442	444		[(v) flood control;]
443	445		217
444	446		[(vi) an inland waterway;]
445	447		218
446	448		[(vii) a harbor;]
447	449		219
448	450		[(viii) a railroad;]
449	451		220
450	452		[(ix) a highway;]
451	453		221
452	454		[(x) a tunnel;]
453	455		222
454	456		[(xi) an airport;]
455	457		223
456	458		[(xii) an airport runway;]
457	459		224
458	460		[(xiii) a sewer;]
459	461		225
460	462		[(xiv) a bridge;]
461	463		226
462	464		[(xv) a refinery;]
463	465		227
464	466		[(xvi) a pipeline;]
465	467		228
466	468		[(xvii) a chemical plant;]
467	469		229
468	470		[(xviii) an industrial plant;]
469	471		230
470	472		[(xix) a pier;]
471	473		231
472	474		[(xx) a foundation;]
473		-	- 7 - H.B. 442 Enrolled Copy
474	475		232
475	476		[(xxi) a power plant;]
	477	+	- 7 - 4th Sub. (Green) H.B. 442 03-07 08:54
476	478		233
477	479		[(xxii) a utility plant or installation; or]
478	480		234
479	481		[(xxiii) an underground electric utility conduit.]
480	482		235
481	483		(i) airports;
482	484		236
483	485		(ii) airport runways;
484	486		237
485	487		(iii) bridges;
486	488		238
487	489		(iv) chemical plants;
488	490		239
489	491		(v) drainage;
490	492		240
491	493		(vi) electrical utilities;
492	494		241
493	495		(vii) flood control;
494	496		242
495	497		(viii) foundations;
496	498		243
497	499		(ix) harbors;
498	500		244
499	501		(x) highways;
500	502		245
501	503		(xi) industrial plants;
502	504		246
503	505		(xii) inland waterways;
504	506		247
505	507		(xiii) irrigation systems;
506	508		248
507	509		(xiv) piers;
508	510		249
509	511		(xv) pipelines;
510	512		250
511	513		(xvi) power plants;
512	514		251
513	515		(xvii) railroads;
514	516		252
515	517		(xviii) refineries;
516	518		253
517	519		(xix) sewers;
518	520		254
519	521		(xx) tunnels;
520	522		255
521	523		(xxi) underground electric utility conduits;
522	524		256
523	525		(xxii) utility plants;
524	526		257
525	527		(xxiii) water power; or
526	528		258
527	529		(xxiv) water supply.
528	530		259
529	531		(b) A general engineering contractor may not perform or superintend:
530	532		260
531	533		(i) construction of a structure built primarily for the support, shelter, and enclosure of
532	534		261
533	535		persons, animals, and chattels;[ or]
534	536		262
535	537		(ii) plumbing work;
536	538		263
537	539		(iii) electrical work beyond underground electric utility conduit or electrical utilities;
538	540		264
539	541		(iv) mechanical work; or
540	542		265
541	543		(v) work where the general engineering contractor does not have the required
542		-	- 8 - Enrolled Copy H.B. 442
543	544		266
544	545		specialized engineering knowledge and skill.
	546	+	- 8 - 03-07 08:54 4th Sub. (Green) H.B. 442
545	547		267
546	548		[(ii) performance of:]
547	549		268
548	550		[(A) plumbing work;]
549	551		269
550	552		[(B) electrical work beyond underground electric utility conduit; or]
551	553		270
552	554		[(C) mechanical work.]
553	555		271
554	556		(29)[(a)] "General plumbing contractor" means a person licensed under this chapter as a
555	557		272
556	558		general plumbing contractor qualified by education, training, experience, and
557	559		273
558	560		knowledge to perform the fabrication or installation of material and fixtures to create
559	561		274
560	562		and maintain sanitary conditions in a building by providing permanent means for a
561	563		275
562	564		supply of safe and pure water, a means for the timely and complete removal from the
563	565		276
564	566		premises of all used or contaminated water, fluid and semi-fluid organic wastes and
565	567		277
566	568		other impurities incidental to life and the occupation of such premises, [and ]a safe
567	569		278
568	570		and adequate supply of gases for lighting, heating, and industrial purposes, or other
569	571		279
570	572		work the division authorizes by rule in accordance with Subsection 58-55-301(4).
571	573		280
572	574		[(b) The scope of work of a general plumbing contractor may be further defined by rules
573	575		281
574	576		made by the commission, with the concurrence of the director, in accordance with
575	577		282
576	578		Title 63G, Chapter 3, Utah Administrative Rulemaking Act.]
577	579		283
578	580		(30) "HVAC" means a heating, ventilation, and air conditioning system and the specific
579	581		284
580	582		components that are a part of the system, including the gas line.
581	583		285
582	584		(31) "HVAC contractor" means a person licensed under this chapter specialized in the
583	585		286
584	586		installation, maintenance, repair, and servicing of heating, ventilation, air conditioning
585	587		287
586	588		systems or any other work the division authorizes by rule in accordance with Subsection
587	589		288
588	590		58-55-301(4).
589	591		289
590	592		[(30)] (32) "Immediate supervision" means reasonable direction, oversight, inspection, and
591	593		290
592	594		evaluation of the work of a person:
593	595		291
594	596		(a) as the division specifies in rule;
595	597		292
596	598		(b) by, as applicable, a qualified electrician or plumber;
597	599		293
598	600		(c) as part of a planned program of training; and
599	601		294
600	602		(d) to ensure that the end result complies with applicable standards.
601	603		295
602	604		[(31)] (33) "Individual" means a natural person.
603	605		296
604	606		(34) "Journeyman lineman" means a person that builds and maintains an electrical power
605	607		297
606	608		system, performs work on transmission lines or distribution lines from power plants to
607	609		298
608	610		customers, and has completed an approved 7,000 hour certified apprenticeship program.
609	611		299
610	612		[(32)] (35) "Journeyman electrician" means a person licensed under this chapter as a
611		-	- 9 - H.B. 442 Enrolled Copy
612	613		300
613	614		journeyman electrician having the qualifications, training, experience, and knowledge to
	615	+	- 9 - 4th Sub. (Green) H.B. 442 03-07 08:54
614	616		301
615	617		wire, install, and repair electrical apparatus and equipment for light, heat, power, and
616	618		302
617	619		other purposes.
618	620		303
619	621		[(33)] (36) "Journeyman plumber" means a person licensed under this chapter as a
620	622		304
621	623		journeyman plumber having the qualifications, training, experience, and technical
622	624		305
623	625		knowledge to engage in the plumbing trade.
624	626		306
625	627		[(34)] (37) "Master electrician" means a person licensed under this chapter as a master
626	628		307
627	629		electrician having the qualifications, training, experience, and knowledge to properly
628	630		308
629	631		plan, layout, and supervise the wiring, installation, and repair of electrical apparatus and
630	632		309
631	633		equipment for light, heat, power, and other purposes.
632	634		310
633	635		[(35)] (38) "Master plumber" means a person licensed under this chapter as a master
634	636		311
635	637		plumber having the qualifications, training, experience, and knowledge to properly plan
636	638		312
637	639		and layout projects and supervise persons in the plumbing trade.
638	640		313
639	641		[(36)] (39) "Person" means a natural person, sole proprietorship, joint venture, corporation,
640	642		314
641	643		limited liability company, association, or organization of any type.
642	644		315
643	645		[(37)] (40)(a) "Plumbing trade" means the performance of any mechanical work
644	646		316
645	647		pertaining to the installation, alteration, change, repair, removal, maintenance, or use
646	648		317
647	649		in buildings, or within three feet beyond the outside walls of buildings, of pipes,
648	650		318
649	651		fixtures, and fittings for the:
650	652		319
651	653		(i) delivery of the water supply;
652	654		320
653	655		(ii) discharge of liquid and water carried waste;
654	656		321
655	657		(iii) building drainage system within the walls of the building; and
656	658		322
657	659		(iv) delivery of gases for lighting, heating, and industrial purposes.
658	660		323
659	661		(b) "Plumbing trade" includes work pertaining to the water supply, distribution pipes,
660	662		324
661	663		fixtures and fixture traps, soil, waste and vent pipes, the building drain and roof
662	664		325
663	665		drains, and the safe and adequate supply of gases, together with their devices,
664	666		326
665	667		appurtenances, and connections where installed within the outside walls of the
666	668		327
667	669		building.
668	670		328
669	671		[(38)] (41) "Ratio of apprentices" means the number of licensed plumber apprentices or
670	672		329
671	673		licensed electrician apprentices that are allowed to be under the immediate supervision
672	674		330
673	675		of a licensed supervisor as established by the provisions of this chapter and by rules
674	676		331
675	677		made by the commission, with the concurrence of the director, in accordance with Title
676	678		332
677	679		63G, Chapter 3, Utah Administrative Rulemaking Act.
678	680		333
679	681		[(39)] (42) "Residential and small commercial contractor" means a person licensed under
680		-	- 10 - Enrolled Copy H.B. 442
681	682		334
682	683		this chapter as a residential and small commercial contractor qualified by education,
	684	+	- 10 - 03-07 08:54 4th Sub. (Green) H.B. 442
683	685		335
684	686		training, experience, and knowledge to perform or superintend the construction of
685	687		336
686	688		single-family residences, multifamily residences up to four units, and commercial
687	689		337
688	690		construction of not more than three stories above ground and not more than 20,000
689	691		338
690	692		square feet, or any of the components of that construction except plumbing, electrical
691	693		339
692	694		work, mechanical work, and manufactured housing installation, for which the residential
693	695		340
694	696		and small commercial contractor shall employ the services of a contractor licensed in the
695	697		341
696	698		particular specialty, except that a residential and small commercial contractor engaged in
697	699		342
698	700		the construction of single-family and multifamily residences up to four units may
699	701		343
700	702		perform the mechanical work and hire a licensed plumber or electrician as an employee.
701	703		344
702	704		[(40)] (43) "Residential building," as it relates to the license classification of residential
703	705		345
704	706		journeyman plumber and residential master plumber, means a single or multiple family
705	707		346
706	708		dwelling of up to four units.
707	709		347
708	710		[(41)] (44)[(a)] "Residential electrical contractor" means a person licensed under this
709	711		348
710	712		chapter as a residential electrical contractor qualified by education, training,
711	713		349
712	714		experience, and knowledge to perform the fabrication, construction, and installation
713	715		350
714	716		of services, disconnecting means, grounding devices, panels, conductors, load
715	717		351
716	718		centers, lighting and plug circuits, appliances, and fixtures in a residential unit or any
717	719		352
718	720		other work the division authorizes by rule in accordance with Subsection
719	721		353
720	722		58-55-301(4).
721	723		354
722	724		[(b) The scope of work of a residential electrical contractor may be further defined by
723	725		355
724	726		rules made by the commission, with the concurrence of the director, in accordance
725	727		356
726	728		with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.]
727	729		357
728	730		[(42)] (45) "Residential journeyman electrician" means a person licensed under this chapter
729	731		358
730	732		as a residential journeyman electrician having the qualifications, training, experience,
731	733		359
732	734		and knowledge to wire, install, and repair electrical apparatus and equipment for light,
733	735		360
734	736		heat, power, and other purposes on buildings using primarily nonmetallic sheath cable.
735	737		361
736	738		[(43)] (46) "Residential journeyman plumber" means a person licensed under this chapter as
737	739		362
738	740		a residential journeyman plumber having the qualifications, training, experience, and
739	741		363
740	742		knowledge to engage in the plumbing trade as limited to the plumbing of residential
741	743		364
742	744		buildings.
743	745		365
744	746		[(44)] (47) "Residential master electrician" means a person licensed under this chapter as a
745	747		366
746	748		residential master electrician having the qualifications, training, experience, and
747	749		367
748	750		knowledge to properly plan, layout, and supervise the wiring, installation, and repair of
749		-	- 11 - H.B. 442 Enrolled Copy
750	751		368
751	752		electrical apparatus and equipment for light, heat, power, and other purposes on
	753	+	- 11 - 4th Sub. (Green) H.B. 442 03-07 08:54
752	754		369
753	755		residential projects.
754	756		370
755	757		[(45)] (48) "Residential master plumber" means a person licensed under this chapter as a
756	758		371
757	759		residential master plumber having the qualifications, training, experience, and
758	760		372
759	761		knowledge to properly plan and layout projects and supervise persons in the plumbing
760	762		373
761	763		trade as limited to the plumbing of residential buildings.
762	764		374
763	765		[(46)] (49)[(a)] "Residential plumbing contractor" means a person licensed under this
764	766		375
765	767		chapter as a residential plumbing contractor qualified by education, training,
766	768		376
767	769		experience, and knowledge to perform the fabrication or installation of material and
768	770		377
769	771		fixtures to create and maintain sanitary conditions in residential buildings by
770	772		378
771	773		providing permanent means for a supply of safe and pure water, a means for the
772	774		379
773	775		timely and complete removal from the premises of all used or contaminated water,
774	776		380
775	777		fluid and semi-fluid organic wastes and other impurities incidental to life and the
776	778		381
777	779		occupation of such premises, [and ]a safe and adequate supply of gases for lighting,
778	780		382
779	781		heating, and residential purposes, or any other work the division authorizes by rule in
780	782		383
781	783		accordance with Subsection 58-55-301(4).
782	784		384
783	785		[(b) The scope of work of a residential plumbing contractor may be further defined by
784	786		385
785	787		rules made by the commission, with the concurrence of the director, in accordance
786	788		386
787	789		with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.]
788	790		387
789	791		[(47)] (50) "Residential project," as it relates to an electrician or electrical contractor, means
790	792		388
791	793		buildings primarily wired with nonmetallic sheathed cable, in accordance with standard
792	794		389
793	795		rules and regulations governing this work, including the National Electrical Code, and in
794	796		390
795	797		which the voltage does not exceed 250 volts line to line and 125 volts to ground.
796	798		391
797	799		[(48)] (51) "Responsible management personnel" means:
798	800		392
799	801		(a) a qualifying agent;
800	802		393
801	803		(b) an operations manager; or
802	804		394
803	805		(c) a site manager.
804	806		395
805	807		[(49)] (52) "Sensitive alarm system information" means:
806	808		396
807	809		(a) a pass code or other code used in the operation of an alarm system;
808	810		397
809	811		(b) information on the location of alarm system components at the premises of a
810	812		398
811	813		customer of the alarm business providing the alarm system;
812	814		399
813	815		(c) information that would allow the circumvention, bypass, deactivation, or other
814	816		400
815	817		compromise of an alarm system of a customer of the alarm business providing the
816	818		401
817	819		alarm system; and
818		-	- 12 - Enrolled Copy H.B. 442
819	820		402
820	821		(d) any other similar information that the division by rule determines to be information
	822	+	- 12 - 03-07 08:54 4th Sub. (Green) H.B. 442
821	823		403
822	824		that an individual employed by an alarm business should use or have access to only if
823	825		404
824	826		the individual is licensed as provided in this chapter.
825	827		405
826	828		[(50)] (53)(a) "Specialty contractor" means a person licensed under this chapter under a
827	829		406
828	830		specialty contractor classification established by rule, who is qualified by education,
829	831		407
830	832		training, experience, and knowledge to perform those construction trades and crafts
831	833		408
832	834		requiring specialized skill, the regulation of which are determined by the division to
833	835		409
834	836		be in the best interest of the public health, safety, and welfare.
835	837		410
836	838		(b) A specialty contractor may perform work in crafts or trades other than those in which
837	839		411
838	840		the specialty contractor is licensed if they are incidental to the performance of the
839	841		412
840	842		specialty contractor's licensed craft or trade.
841	843		413
842	844		[(51)] (54) "Unincorporated entity" means an entity that is not:
843	845		414
844	846		(a) an individual;
845	847		415
846	848		(b) a corporation; or
847	849		416
848	850		(c) publicly traded.
849	851		417
850	852		[(52)] (55) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501
851	853		418
852	854		and 58-55-501.
853	855		419
854	856		[(53)] (56) "Unprofessional conduct" means the same as that term is defined in Sections
855	857		420
856	858		58-1-501 and 58-55-502 and as may be further defined by rule.
857	859		421
858	860		[(54)] (57) "Wages" means amounts due to an employee for labor or services whether the
859	861		422
860	862		amount is fixed or ascertained on a time, task, piece, commission, or other basis for
861	863		423
862	864		calculating the amount.
863	865		424
864	866		Section 2. Section 58-55-301 is amended to read:
865	867		425
866	868		58-55-301 . License required -- License classifications -- Scope.
867	869		426
868	870		(1)(a) A person engaged in the construction trades licensed under this chapter, as a
869	871		427
870	872		contractor regulated under this chapter, as an alarm business or company, or as an
871	873		428
872	874		alarm company agent, shall become licensed under this chapter before engaging in
873	875		429
874	876		that trade or contracting activity in this state unless specifically exempted from
875	877		430
876	878		licensure under Section 58-1-307 or 58-55-305.
877	879		431
878	880		(b) The license issued under this chapter and the business license issued by the local
879	881		432
880	882		jurisdiction in which the licensee has its principal place of business shall be the only
881	883		433
882	884		licenses required for the licensee to engage in a trade licensed by this chapter, within
883	885		434
884	886		the state.
885	887		435
886	888		(c) Neither the state nor any of its political subdivisions may require of a licensee any
887		-	- 13 - H.B. 442 Enrolled Copy
888	889		436
889	890		additional business licenses, registrations, certifications, contributions, donations, or
	891	+	- 13 - 4th Sub. (Green) H.B. 442 03-07 08:54
890	892		437
891	893		anything else established for the purpose of qualifying a licensee under this chapter to
892	894		438
893	895		do business in that local jurisdiction, except for contract prequalification procedures
894	896		439
895	897		required by state agencies, or the payment of any fee for the license, registration, or
896	898		440
897	899		certification established as a condition to do business in that local jurisdiction.
898	900		441
899	901		(2) The division shall issue licenses under this chapter to qualified persons in the following
900	902		442
901	903		classifications:
902	904		443
903		-	(a) [general engineering contractor;] ~~alarm company;~~
	905	+	(a) alarm company;[general engineering contractor;]
904	906		444
905	907		(b) alarm company agent;
906	908		445
907	909		(c) apprentice electrician;
908	910		446
909	911		(d) apprentice plumber;
910	912		447
911	913		(e) construction trades instructor:
912	914		448
913	915		(i) general building classification;
914	916		449
915	917		(ii) general engineering classification;
916	918		450
917	919		(iii) electrical classification;
918	920		451
919	921		(iv) mechanical classification; and
920	922		452
921	923		(v) plumbing classification;
922	924		453
923	925		(f) elevator contractor;
924	926		454
925	927		(g) elevator mechanic;
926	928		455
927	929		(h) general building contractor;
928	930		456
929	931		(i) general electrical contractor;
930	932		457
931	933		(j) general engineering contractor;
932	934		458
933	935		(k) general plumbing contractor;
934	936		459
935	937		(l) HVAC contractor;
936	938		460
937	939		(m) journeyman electrician;
938	940		461
939	941		(n) journeyman plumber;
940	942		462
941	943		(o) master electrician;
942	944		463
943	945		(p) master plumber;
944	946		464
945	947		(q) residential and small commercial contractor;
946	948		465
947	949		(r) residential electrical contractor;
948	950		466
949	951		(s) residential journeyman electrician;
950	952		467
951	953		(t) residential journeyman plumber;
952	954		468
953	955		(u) residential master electrician;
954	956		469
955	957		(v) residential master plumber;
956		-	- 14 - Enrolled Copy H.B. 442
957	958		470
958	959		(w) residential plumbing contractor; and
	960	+	- 14 - 03-07 08:54 4th Sub. (Green) H.B. 442
959	961		471
960	962		(x) specialty contractor.
961	963		472
962	964		[(b) general building contractor;]
963	965		473
964	966		[(c) residential and small commercial contractor;]
965	967		474
966	968		[(d) elevator contractor;]
967	969		475
968	970		[(e) general plumbing contractor;]
969	971		476
970	972		[(f) residential plumbing contractor;]
971	973		477
972	974		[(g) general electrical contractor;]
973	975		478
974	976		[(h) residential electrical contractor;]
975	977		479
976	978		[(i) specialty contractor;]
977	979		480
978	980		[(j) master plumber;]
979	981		481
980	982		[(k) residential master plumber;]
981	983		482
982	984		[(l) journeyman plumber;]
983	985		483
984	986		[(m) apprentice plumber;]
985	987		484
986	988		[(n) residential journeyman plumber;]
987	989		485
988	990		[(o) master electrician;]
989	991		486
990	992		[(p) residential master electrician;]
991	993		487
992	994		[(q) journeyman electrician;]
993	995		488
994	996		[(r) residential journeyman electrician;]
995	997		489
996	998		[(s) apprentice electrician;]
997	999		490
998	1000		[(t) construction trades instructor:]
999	1001		491
1000	1002		[(i) general engineering classification;]
1001	1003		492
1002	1004		[(ii) general building classification;]
1003	1005		493
1004	1006		[(iii) electrical classification;]
1005	1007		494
1006	1008		[(iv) plumbing classification; and]
1007	1009		495
1008	1010		[(v) mechanical classification;]
1009	1011		496
1010	1012		[(u) alarm company;]
1011	1013		497
1012	1014		[(v) alarm company agent; and]
1013	1015		498
1014	1016		[(w) elevator mechanic.]
1015	1017		499
1016	1018		(3)(a) An applicant may apply for a license in one or more classification or specialty
1017	1019		500
1018	1020		contractor subclassification.
1019	1021		501
1020	1022		(b) A license shall be granted in each classification or subclassification for which the
1021	1023		502
1022	1024		applicant qualifies.
1023	1025		503
1024	1026		(c) A separate application and fee must be submitted for each license classification or
1025		-	- 15 - H.B. 442 Enrolled Copy
1026	1027		504
1027	1028		subclassification.
	1029	+	- 15 - 4th Sub. (Green) H.B. 442 03-07 08:54
1028	1030		505
1029	1031		(4) With the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah
1030	1032		506
1031	1033		Administrative Rulemaking Act, the commission may further define the scope of work
1032	1034		507
1033	1035		by rule for:
1034	1036		508
1035	1037		(a) a general electrical contractor;
1036	1038		509
1037	1039		(b) a general plumbing contractor;
1038	1040		510
1039	1041		(c) an HVAC contractor;
1040	1042		511
1041	1043		(d) a residential electrical contractor; and
1042	1044		512
1043	1045		(e) a residential plumbing contractor.
1044	1046		513
1045	1047		Section 3. Section 58-55-302 is amended to read:
1046	1048		514
1047	1049		58-55-302 . Qualifications for licensure.
1048	1050		515
1049	1051		(1) Each applicant for a license under this chapter shall:
1050	1052		516
1051	1053		(a) submit an application prescribed by the division;
1052	1054		517
1053	1055		(b) pay a fee as determined by the department under Section 63J-1-504;
1054	1056		518
1055	1057		(c) meet the examination requirements established by this section and by rule by the
1056	1058		519
1057	1059		commission with the concurrence of the director, which requirements include:
1058	1060		520
1059	1061		(i) for licensure as an apprentice electrician, apprentice plumber, or specialty
1060	1062		521
1061	1063		contractor, no division-administered examination is required;
1062	1064		522
1063	1065		(ii) for licensure as a general building contractor, general engineering contractor,
1064	1066		523
1065	1067		residential and small commercial contractor, general plumbing contractor,
1066	1068		524
1067	1069		residential plumbing contractor, general electrical contractor, or residential
1068	1070		525
1069	1071		electrical contractor, the only required division-administered examination is a
1070	1072		526
1071	1073		division-administered examination that covers information from the 25-hour
1072	1074		527
1073	1075		course described in Subsection (1)(e)(iii), which course may have been previously
1074	1076		528
1075	1077		completed as part of applying for any other license under this chapter, and, if the
1076	1078		529
1077	1079		25-hour course was completed on or after July 1, 2019, the five-hour business law
1078	1080		530
1079	1081		course described in Subsection (1)(e)(iv); and
1080	1082		531
1081	1083		(iii) if required in Section 58-55-304, an individual qualifier must pass the required
1082	1084		532
1083	1085		division-administered examination if the applicant is a business entity;
1084	1086		533
1085	1087		(d) if an apprentice, identify the proposed supervisor of the apprenticeship;
1086	1088		534
1087	1089		(e) if an applicant for a contractor's license:
1088	1090		535
1089	1091		(i) produce satisfactory evidence of financial responsibility, except for a construction
1090	1092		536
1091	1093		trades instructor for whom evidence of financial responsibility is not required;
1092	1094		537
1093	1095		(ii) produce satisfactory evidence of:
1094		-	- 16 - Enrolled Copy H.B. 442
1095	1096		538
1096	1097		(A) except as provided in Subsection (2)(a), and except that no employment
	1098	+	- 16 - 03-07 08:54 4th Sub. (Green) H.B. 442
1097	1099		539
1098	1100		experience is required for licensure as a specialty contractor, two years
1099	1101		540
1100	1102		full-time paid employment experience in the construction industry, which
1101	1103		541
1102	1104		employment experience, unless more specifically described in this section, may
1103	1105		542
1104	1106		be related to any contracting classification and does not have to include
1105	1107		543
1106	1108		supervisory experience; and
1107	1109		544
1108	1110		(B) knowledge of the principles of the conduct of business as a contractor,
1109	1111		545
1110	1112		reasonably necessary for the protection of the public health, safety, and welfare;
1111	1113		546
1112	1114		(iii) except as otherwise provided by rule by the commission with the concurrence of
1113	1115		547
1114	1116		the director, complete a 25-hour course established by rule by the commission
1115	1117		548
1116	1118		with the concurrence of the director, which is taught by an approved prelicensure
1117	1119		549
1118	1120		course provider, and which course may include:
1119	1121		550
1120	1122		(A) construction business practices;
1121	1123		551
1122	1124		(B) bookkeeping fundamentals;
1123	1125		552
1124	1126		(C) mechanics lien fundamentals;
1125	1127		553
1126	1128		(D) other aspects of business and construction principles considered important by
1127	1129		554
1128	1130		the commission with the concurrence of the director; and
1129	1131		555
1130	1132		(E) for no additional fee, a provider-administered examination at the end of the
1131	1133		556
1132	1134		25-hour course;
1133	1135		557
1134	1136		(iv) [complete a five-hour business and law course established by rule by the
1135	1137		558
1136	1138		commission with the concurrence of the director, which is taught by an approved
1137	1139		559
1138	1140		prelicensure course provider, if an applicant for licensure as a general building
1139	1141		560
1140	1142		contractor, general engineering contractor, residential and small commercial
1141	1143		561
1142	1144		contractor, general plumbing contractor, residential plumbing contractor, general
1143	1145		562
1144	1146		electrical contractor, or residential electrical contractor, except that if the 25-hour
1145	1147		563
1146	1148		course described in Subsection (1)(e)(iii) was completed before July 1, 2019, the
1147	1149		564
1148	1150		applicant does not need to take the business and law course;] if the applicant is
1149	1151		565
1150	1152		applying for licensure as a general building contractor, general engineering
1151	1153		566
1152	1154		contractor, residential and small commercial contractor, general plumbing
1153	1155		567
1154	1156		contractor, residential plumbing contractor, general electrical contractor,
1155	1157		568
1156	1158		residential electrical contractor, or HVAC contractor, other than an applicant who
1157	1159		569
1158	1160		completed the 25-hour course described in Subsection (1)(e)(iii) before July 1,
1159	1161		570
1160	1162		2019, complete a five-hour business and law course:
1161	1163		571
1162	1164		(A) that the commission, with the concurrence of the director, establishes by rule;
1163		-	- 17 - H.B. 442 Enrolled Copy
1164	1165		572
1165	1166		and
	1167	+	- 17 - 4th Sub. (Green) H.B. 442 03-07 08:54
1166	1168		573
1167	1169		(B) that is taught by an approved prelicensure course provider;
1168	1170		574
1169	1171		(v)(A) be a licensed master electrician if an applicant for an electrical contractor's
1170	1172		575
1171	1173		license or a licensed master residential electrician if an applicant for a
1172	1174		576
1173	1175		residential electrical contractor's license;
1174	1176		577
1175	1177		(B) be a licensed master plumber if an applicant for a plumbing contractor's
1176	1178		578
1177	1179		license or a licensed master residential plumber if an applicant for a residential
1178	1180		579
1179	1181		plumbing contractor's license; or
1180	1182		580
1181	1183		(C) be a licensed elevator mechanic and produce satisfactory evidence of three
1182	1184		581
1183	1185		years experience as an elevator mechanic if an applicant for an elevator
1184	1186		582
1185	1187		contractor's license; and
1186	1188		583
1187	1189		(vi) when the applicant is an unincorporated entity, provide a list of the one or more
1188	1190		584
1189	1191		individuals who hold an ownership interest in the applicant as of the day on which
1190	1192		585
1191	1193		the application is filed that includes for each individual:
1192	1194		586
1193	1195		(A) the individual's name, address, birth date, and social security number or other
1194	1196		587
1195	1197		satisfactory evidence of the applicant's identity permitted under rules made by
1196	1198		588
1197	1199		the division in accordance with Title 63G, Chapter 3, Utah Administrative
1198	1200		589
1199	1201		Rulemaking Act; and
1200	1202		590
1201	1203		(B) whether the individual will engage in a construction trade; and
1202	1204		591
1203	1205		(f) if an applicant for a construction trades instructor license, satisfy any additional
1204	1206		592
1205	1207		requirements established by rule.
1206	1208		593
1207	1209		(2)(a) If the applicant for a contractor's license described in Subsection (1) is a building
1208	1210		594
1209	1211		inspector, the applicant may satisfy Subsection (1)(e)(ii)(A) by producing satisfactory
1210	1212		595
1211	1213		evidence of two years full-time paid employment experience as a building inspector,
1212	1214		596
1213	1215		which shall include at least one year full-time experience as a licensed combination
1214	1216		597
1215	1217		inspector.
1216	1218		598
1217	1219		(b) The applicant shall file the following with the division before the division issues the
1218	1220		599
1219	1221		license:
1220	1222		600
1221	1223		(i) proof of workers' compensation insurance which covers employees of the
1222	1224		601
1223	1225		applicant in accordance with applicable Utah law;
1224	1226		602
1225	1227		(ii) proof of public liability insurance in coverage amounts and form established by
1226	1228		603
1227	1229		rule except for a construction trades instructor for whom public liability insurance
1228	1230		604
1229	1231		is not required; and
1230	1232		605
1231	1233		(iii) proof of registration as required by applicable law with the:
1232		-	- 18 - Enrolled Copy H.B. 442
1233	1234		606
1234	1235		(A) Department of Commerce;
	1236	+	- 18 - 03-07 08:54 4th Sub. (Green) H.B. 442
1235	1237		607
1236	1238		(B) Division of Corporations and Commercial Code;
1237	1239		608
1238	1240		(C) Unemployment Insurance Division in the Department of Workforce Services,
1239	1241		609
1240	1242		for purposes of Title 35A, Chapter 4, Employment Security Act;
1241	1243		610
1242	1244		(D) State Tax Commission; and
1243	1245		611
1244	1246		(E) Internal Revenue Service.
1245	1247		612
1246	1248		(3) In addition to the general requirements for each applicant in Subsection (1), applicants
1247	1249		613
1248	1250		shall comply with the following requirements to be licensed in the following
1249	1251		614
1250	1252		classifications:
1251	1253		615
1252	1254		(a)(i) A master plumber shall produce satisfactory evidence that the applicant:
1253	1255		616
1254	1256		(A) has been a licensed journeyman plumber for at least two years and had two
1255	1257		617
1256	1258		years of supervisory experience as a licensed journeyman plumber in
1257	1259		618
1258	1260		accordance with division rule;
1259	1261		619
1260	1262		(B) has received at least an associate of applied science degree or similar degree
1261	1263		620
1262	1264		following the completion of a course of study approved by the division and had
1263	1265		621
1264	1266		one year of supervisory experience as a licensed journeyman plumber in
1265	1267		622
1266	1268		accordance with division rule; or
1267	1269		623
1268	1270		(C) meets the qualifications for expedited licensure as established by rules made
1269	1271		624
1270	1272		by the commission, with the concurrence of the director, in accordance with
1271	1273		625
1272	1274		Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly
1273	1275		626
1274	1276		demonstrate the applicant has the knowledge and skills to be a licensed master
1275	1277		627
1276	1278		plumber.
1277	1279		628
1278	1280		(ii) An individual holding a valid Utah license as a journeyman plumber, based on at
1279	1281		629
1280	1282		least four years of practical experience as a licensed apprentice under the
1281	1283		630
1282	1284		supervision of a licensed journeyman plumber and four years as a licensed
1283	1285		631
1284	1286		journeyman plumber, in effect immediately prior to May 5, 2008, is on and after
1285	1287		632
1286	1288		May 5, 2008, considered to hold a current master plumber license under this
1287	1289		633
1288	1290		chapter, and satisfies the requirements of this Subsection (3)(a) for the purpose of
1289	1291		634
1290	1292		renewal or reinstatement of that license under Section 58-55-303.
1291	1293		635
1292	1294		(iii) An individual holding a valid plumbing contractor's license or residential
1293	1295		636
1294	1296		plumbing contractor's license, in effect immediately prior to May 5, 2008, is on or
1295	1297		637
1296	1298		after May 5, 2008:
1297	1299		638
1298	1300		(A) considered to hold a current master plumber license under this chapter if
1299	1301		639
1300	1302		licensed as a plumbing contractor and a journeyman plumber, and satisfies the
1301		-	- 19 - H.B. 442 Enrolled Copy
1302	1303		640
1303	1304		requirements of this Subsection (3)(a) for purposes of renewal or reinstatement
	1305	+	- 19 - 4th Sub. (Green) H.B. 442 03-07 08:54
1304	1306		641
1305	1307		of that license under Section 58-55-303; and
1306	1308		642
1307	1309		(B) considered to hold a current residential master plumber license under this
1308	1310		643
1309	1311		chapter if licensed as a residential plumbing contractor and a residential
1310	1312		644
1311	1313		journeyman plumber, and satisfies the requirements of this Subsection (3)(a)
1312	1314		645
1313	1315		for purposes of renewal or reinstatement of that license under Section
1314	1316		646
1315	1317		58-55-303.
1316	1318		647
1317	1319		(b) A master residential plumber applicant shall produce satisfactory evidence that the
1318	1320		648
1319	1321		applicant:
1320	1322		649
1321	1323		(i) has been a licensed residential journeyman plumber for at least two years and had
1322	1324		650
1323	1325		two years of supervisory experience as a licensed residential journeyman plumber
1324	1326		651
1325	1327		in accordance with division rule; or
1326	1328		652
1327	1329		(ii) meets the qualifications for expedited licensure as established by rules made by
1328	1330		653
1329	1331		the commission, with the concurrence of the director, in accordance with Title
1330	1332		654
1331	1333		63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate
1332	1334		655
1333	1335		the applicant has the knowledge and skills to be a licensed master residential
1334	1336		656
1335	1337		plumber.
1336	1338		657
1337	1339		(c) A journeyman plumber applicant shall produce satisfactory evidence of:
1338	1340		658
1339	1341		(i) successful completion of the equivalent of at least four years of full-time training
1340	1342		659
1341	1343		and instruction as a licensed apprentice plumber under supervision of a licensed
1342	1344		660
1343	1345		master plumber or journeyman plumber and in accordance with a planned
1344	1346		661
1345	1347		program of training approved by the division;
1346	1348		662
1347	1349		(ii) at least eight years of full-time experience approved by the division in
1348	1350		663
1349	1351		collaboration with the Electricians and Plumbers Licensing Board; or
1350	1352		664
1351	1353		(iii) meeting the qualifications for expedited licensure as established by rules made
1352	1354		665
1353	1355		by the commission, with the concurrence of the director, in accordance with Title
1354	1356		666
1355	1357		63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate
1356	1358		667
1357	1359		the applicant has the knowledge and skills to be a licensed journeyman plumber.
1358	1360		668
1359	1361		(d) A residential journeyman plumber shall produce satisfactory evidence of:
1360	1362		669
1361	1363		(i) completion of the equivalent of at least three years of full-time training and
1362	1364		670
1363	1365		instruction as a licensed apprentice plumber under the supervision of a licensed
1364	1366		671
1365	1367		residential master plumber, licensed residential journeyman plumber, or licensed
1366	1368		672
1367	1369		journeyman plumber in accordance with a planned program of training approved
1368	1370		673
1369	1371		by the division;
1370		-	- 20 - Enrolled Copy H.B. 442
1371	1372		674
1372	1373		(ii) completion of at least six years of full-time experience in a maintenance or repair
	1374	+	- 20 - 03-07 08:54 4th Sub. (Green) H.B. 442
1373	1375		675
1374	1376		trade involving substantial plumbing work; or
1375	1377		676
1376	1378		(iii) meeting the qualifications for expedited licensure as established by rules made
1377	1379		677
1378	1380		by the commission, with the concurrence of the director, in accordance with Title
1379	1381		678
1380	1382		63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate
1381	1383		679
1382	1384		the applicant has the knowledge and skills to be a licensed residential journeyman
1383	1385		680
1384	1386		plumber.
1385	1387		681
1386	1388		(e) The conduct of licensed apprentice plumbers and their licensed supervisors shall be
1387	1389		682
1388	1390		in accordance with the following:
1389	1391		683
1390	1392		(i) while engaging in the trade of plumbing, a licensed apprentice plumber shall be
1391	1393		684
1392	1394		under the immediate supervision of a licensed master plumber, licensed residential
1393	1395		685
1394	1396		master plumber, licensed journeyman plumber, or licensed residential journeyman
1395	1397		686
1396	1398		plumber;
1397	1399		687
1398	1400		(ii) beginning in a licensed apprentice plumber's fourth year of training, a licensed
1399	1401		688
1400	1402		apprentice plumber may work without supervision for a period not to exceed eight
1401	1403		689
1402	1404		hours in any 24-hour period; and
1403	1405		690
1404	1406		(iii) rules made by the commission, with the concurrence of the director, in
1405	1407		691
1406	1408		accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1407	1409		692
1408	1410		regarding the ratio of apprentices allowed under the immediate supervision of a
1409	1411		693
1410	1412		licensed supervisor, including the ratio of apprentices in their fourth year of
1411	1413		694
1412	1414		training or later that are allowed to be under the immediate supervision of a
1413	1415		695
1414	1416		licensed supervisor.
1415	1417		696
1416	1418		(f) A master electrician applicant shall produce satisfactory evidence that the applicant:
1417	1419		697
1418	1420		(i) is a graduate electrical engineer of an accredited college or university approved by
1419	1421		698
1420	1422		the division and has one year of practical electrical experience as a licensed
1421	1423		699
1422	1424		apprentice electrician;
1423	1425		700
1424	1426		(ii) is a graduate of an electrical trade school, having received an associate of applied
1425	1427		701
1426	1428		sciences degree following successful completion of a course of study approved by
1427	1429		702
1428	1430		the division, and has two years of practical experience as a licensed journeyman
1429	1431		703
1430	1432		electrician;
1431	1433		704
1432	1434		(iii) has four years of practical experience as a journeyman electrician; or
1433	1435		705
1434	1436		(iv) meets the qualifications for expedited licensure as established by rules made by
1435	1437		706
1436	1438		the commission, with the concurrence of the director, in accordance with Title
1437	1439		707
1438	1440		63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate
1439		-	- 21 - H.B. 442 Enrolled Copy
1440	1441		708
1441	1442		the applicant has the knowledge and skills to be a licensed master electrician.
	1443	+	- 21 - 4th Sub. (Green) H.B. 442 03-07 08:54
1442	1444		709
1443	1445		(g) A master residential electrician applicant shall produce satisfactory evidence that the
1444	1446		710
1445	1447		applicant:
1446	1448		711
1447	1449		(i) has at least two years of practical experience as a residential journeyman
1448	1450		712
1449	1451		electrician; or
1450	1452		713
1451	1453		(ii) meets the qualifications for expedited licensure as established by rules made by
1452	1454		714
1453	1455		the commission, with the concurrence of the director, in accordance with Title
1454	1456		715
1455	1457		63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate
1456	1458		716
1457	1459		the applicant has the knowledge and skills to be a master residential electrician.
1458	1460		717
1459	1461		(h) A journeyman electrician applicant shall produce satisfactory evidence that the
1460	1462		718
1461	1463		applicant:
1462	1464		719
1463	1465		(i) has successfully completed at least four years of full-time training and instruction
1464	1466		720
1465	1467		as a licensed apprentice electrician under the supervision of a master electrician or
1466	1468		721
1467	1469		journeyman electrician and in accordance with a planned training program
1468	1470		722
1469	1471		approved by the division;
1470	1472		723
1471	1473		(ii) has at least eight years of full-time experience approved by the division in
1472	1474		724
1473	1475		collaboration with the Electricians and Plumbers Licensing Board; or
1474	1476		725
1475	1477		(iii) meets the qualifications for expedited licensure as established by rules made by
1476	1478		726
1477	1479		the commission, with the concurrence of the director, in accordance with Title
1478	1480		727
1479	1481		63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate
1480	1482		728
1481	1483		the applicant has the knowledge and skills to be a licensed journeyman electrician.
1482	1484		729
1483	1485		(i) A residential journeyman electrician applicant shall produce satisfactory evidence
1484	1486		730
1485	1487		that the applicant:
1486	1488		731
1487	1489		(i) has successfully completed two years of training in an electrical training program
1488	1490		732
1489	1491		approved by the division;
1490	1492		733
1491	1493		(ii) has four years of practical experience in wiring, installing, and repairing electrical
1492	1494		734
1493	1495		apparatus and equipment for light, heat, and power under the supervision of a
1494	1496		735
1495	1497		licensed master, journeyman, residential master, or residential journeyman
1496	1498		736
1497	1499		electrician; or
1498	1500		737
1499	1501		(iii) meets the qualifications for expedited licensure as established by rules made by
1500	1502		738
1501	1503		the commission, with the concurrence of the director, in accordance with Title
1502	1504		739
1503	1505		63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate
1504	1506		740
1505	1507		the applicant has the knowledge and skills to be a licensed residential journeyman
1506	1508		741
1507	1509		electrician.
1508		-	- 22 - Enrolled Copy H.B. 442
1509	1510		742
1510	1511		(j) The conduct of licensed apprentice electricians and their licensed supervisors shall be
	1512	+	- 22 - 03-07 08:54 4th Sub. (Green) H.B. 442
1511	1513		743
1512	1514		in accordance with the following:
1513	1515		744
1514	1516		(i) a licensed apprentice electrician shall be under the immediate supervision of a
1515	1517		745
1516	1518		licensed master, journeyman, residential master, or residential journeyman
1517	1519		746
1518	1520		electrician;
1519	1521		747
1520	1522		(ii) beginning in a licensed apprentice electrician's fourth year of training, a licensed
1521	1523		748
1522	1524		apprentice electrician may work without supervision for a period not to exceed
1523	1525		749
1524	1526		eight hours in any 24-hour period;
1525	1527		750
1526	1528		(iii) rules made by the commission, with the concurrence of the director, in
1527	1529		751
1528	1530		accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1529	1531		752
1530	1532		regarding the ratio of apprentices allowed under the immediate supervision of a
1531	1533		753
1532	1534		licensed supervisor, including the ratio of apprentices in their fourth year of
1533	1535		754
1534	1536		training or later that are allowed to be under the immediate supervision of a
1535	1537		755
1536	1538		licensed supervisor; and
1537	1539		756
1538	1540		(iv) a licensed supervisor may have up to three licensed apprentice electricians on a
1539	1541		757
1540	1542		residential project, or more if established by rules made by the commission, in
1541	1543		758
1542	1544		concurrence with the director, in accordance with Title 63G, Chapter 3, Utah
1543	1545		759
1544	1546		Administrative Rulemaking Act.
1545	1547		760
1546	1548		(k) An alarm company applicant shall:
1547	1549		761
1548	1550		(i) have a qualifying agent who:
1549	1551		762
1550	1552		(A) is an alarm company officer, alarm company owner, alarm company
1551	1553		763
1552	1554		proprietor, an alarm company trustee, or other responsible management
1553	1555		764
1554	1556		personnel;
1555	1557		765
1556	1558		(B) demonstrates 6,000 hours of experience in the alarm company business;
1557	1559		766
1558	1560		(C) demonstrates 2,000 hours of experience as a manager or administrator in the
1559	1561		767
1560	1562		alarm company business or in a construction business; and
1561	1563		768
1562	1564		(D) passes an examination [component ]established by rule by the commission
1563	1565		769
1564	1566		with the concurrence of the director;
1565	1567		770
1566	1568		(ii) provide the name, address, date of birth, social security number, fingerprint card,
1567	1569		771
1568	1570		and consent to a background check in accordance with Section 58-55-302.1 and
1569	1571		772
1570	1572		requirements established by division rule made in accordance with Title 63G,
1571	1573		773
1572	1574		Chapter 3, Utah Administrative Rulemaking Act, for each alarm company officer,
1573	1575		774
1574	1576		alarm company owner, alarm company proprietor, alarm company trustee, and
1575	1577		775
1576	1578		responsible management personnel with direct responsibility for managing
1577		-	- 23 - H.B. 442 Enrolled Copy
1578	1579		776
1579	1580		operations of the applicant within the state;
	1581	+	- 23 - 4th Sub. (Green) H.B. 442 03-07 08:54
1580	1582		777
1581	1583		(iii) document that none of the persons described in Subsection (3)(k)(ii):
1582	1584		778
1583	1585		(A) have been declared by any court of competent jurisdiction incompetent by
1584	1586		779
1585	1587		reason of mental defect or disease and not been restored; or
1586	1588		780
1587	1589		(B) are currently suffering from habitual drunkenness or from drug addiction or
1588	1590		781
1589	1591		dependence;
1590	1592		782
1591	1593		(iv) file and maintain with the division evidence of:
1592	1594		783
1593	1595		(A) comprehensive general liability insurance in form and in amounts to be
1594	1596		784
1595	1597		established by rule by the commission with the concurrence of the director;
1596	1598		785
1597	1599		(B) workers' compensation insurance that covers employees of the applicant in
1598	1600		786
1599	1601		accordance with applicable Utah law; and
1600	1602		787
1601	1603		(C) registration as is required by applicable law with the:
1602	1604		788
1603	1605		(I) Division of Corporations and Commercial Code;
1604	1606		789
1605	1607		(II) Unemployment Insurance Division in the Department of Workforce
1606	1608		790
1607	1609		Services, for purposes of Title 35A, Chapter 4, Employment Security Act;
1608	1610		791
1609	1611		(III) State Tax Commission; and
1610	1612		792
1611	1613		(IV) Internal Revenue Service; and
1612	1614		793
1613	1615		(v) meet with the division and board.
1614	1616		794
1615	1617		(l) Each applicant for licensure as an alarm company agent shall:
1616	1618		795
1617	1619		(i) submit an application in a form prescribed by the division accompanied by
1618	1620		796
1619	1621		fingerprint cards;
1620	1622		797
1621	1623		(ii) pay a fee determined by the department under Section 63J-1-504;
1622	1624		798
1623	1625		(iii) submit to and pass a criminal background check in accordance with Section
1624	1626		799
1625	1627		58-55-302.1 and requirements established by division rule made in accordance
1626	1628		800
1627	1629		with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
1628	1630		801
1629	1631		(iv) not have been declared by any court of competent jurisdiction incompetent by
1630	1632		802
1631	1633		reason of mental defect or disease and not been restored;
1632	1634		803
1633	1635		(v) not be currently suffering from habitual drunkenness or from drug addiction or
1634	1636		804
1635	1637		dependence; and
1636	1638		805
1637	1639		(vi) meet with the division and board if requested by the division or the board.
1638	1640		806
1639	1641		(m)(i) Each applicant for licensure as an elevator mechanic shall:
1640	1642		807
1641	1643		(A) provide documentation of experience and education credits of not less than
1642	1644		808
1643	1645		three years work experience in the elevator industry, in construction,
1644	1646		809
1645	1647		maintenance, or service and repair; and
1646		-	- 24 - Enrolled Copy H.B. 442
1647	1648		810
1648	1649		(B) satisfactorily complete a written examination administered by the division
	1650	+	- 24 - 03-07 08:54 4th Sub. (Green) H.B. 442
1649	1651		811
1650	1652		established by rule under Section 58-1-203; or
1651	1653		812
1652	1654		(C) provide certificates of completion of an apprenticeship program for elevator
1653	1655		813
1654	1656		mechanics, having standards substantially equal to those of this chapter and
1655	1657		814
1656	1658		registered with the United States Department of Labor Bureau Apprenticeship
1657	1659		815
1658	1660		and Training or a state apprenticeship council.
1659	1661		816
1660	1662		(ii)(A) If an elevator contractor licensed under this chapter cannot find a licensed
1661	1663		817
1662	1664		elevator mechanic to perform the work of erecting, constructing, installing,
1663	1665		818
1664	1666		altering, servicing, repairing, or maintaining an elevator, the contractor may:
1665	1667		819
1666	1668		(I) notify the division of the unavailability of licensed personnel; and
1667	1669		820
1668	1670		(II) request the division issue a temporary elevator mechanic license to an
1669	1671		821
1670	1672		individual certified by the contractor as having an acceptable combination
1671	1673		822
1672	1674		of documented experience and education to perform the work described in
1673	1675		823
1674	1676		this Subsection (3)(m)(ii)(A).
1675	1677		824
1676	1678		(B)(I) The division may issue a temporary elevator mechanic license to an
1677	1679		825
1678	1680		individual certified under Subsection (3)(m)(ii)(A)(II) upon application by
1679	1681		826
1680	1682		the individual, accompanied by the appropriate fee as determined by the
1681	1683		827
1682	1684		department under Section 63J-1-504.
1683	1685		828
1684	1686		(II) The division shall specify the time period for which the license is valid and
1685	1687		829
1686	1688		may renew the license for an additional time period upon its determination
1687	1689		830
1688	1690		that a shortage of licensed elevator mechanics continues to exist.
1689	1691		831
1690	1692		(n) An applicant for licensure as an HVAC contractor shall produce satisfactory
1691	1693		832
1692	1694		evidence to the division that the applicant:
1693	1695		833
1694	1696		(i) completed two years full-time paid employment of HVAC specific experience; and
1695	1697		834
1696	1698		(ii) passed an examination the commission, with the concurrence of the director,
1697	1699		835
1698	1700		established by rule in accordance with Title 63G, Chapter 3, Utah Administrative
1699	1701		836
1700	1702		Rulemaking Act.
1701	1703		837
1702	1704		(o) An applicant for a general engineering contractor's license described in Subsection
1703	1705		838
1704	1706		(1) may satisfy Subsection (1)(e)(ii)(A):
1705	1707		839
1706	1708		(i) by producing satisfactory evidence of four years relevant full-time paid
1707	1709		840
1708	1710		employment experience; or
1709	1711		841
1710	1712		(ii) if the applicant is a licensed journeyman lineman in another jurisdiction, by
1711	1713		842
1712	1714		meeting the requirements the division makes by rule in accordance with Title
1713	1715		843
1714	1716		63G, Chapter 3, Utah Administrative Rulemaking Act.
1715		-	- 25 - H.B. 442 Enrolled Copy
1716	1717		844
1717	1718		(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
	1719	+	- 25 - 4th Sub. (Green) H.B. 442 03-07 08:54
1718	1720		845
1719	1721		division may make rules establishing when Federal Bureau of Investigation records shall
1720	1722		846
1721	1723		be checked for applicants as an alarm company or alarm company agent under this
1722	1724		847
1723	1725		section and Section 58-55-302.1.
1724	1726		848
1725	1727		(5)(a) An application for licensure under this chapter shall be denied if:
1726	1728		849
1727	1729		(i) the applicant has had a previous license, which was issued under this chapter,
1728	1730		850
1729	1731		suspended or revoked within two years before the date of the applicant's
1730	1732		851
1731	1733		application;
1732	1734		852
1733	1735		(ii)(A) the applicant is a partnership, corporation, or limited liability company; and
1734	1736		853
1735	1737		(B) any corporate officer, director, shareholder holding 25% or more of the stock
1736	1738		854
1737	1739		in the applicant, partner, member, agent acting as a qualifier, or any person
1738	1740		855
1739	1741		occupying a similar status, performing similar functions, or directly or
1740	1742		856
1741	1743		indirectly controlling the applicant has served in any similar capacity with any
1742	1744		857
1743	1745		person or entity which has had a previous license, which was issued under this
1744	1746		858
1745	1747		chapter, suspended or revoked within two years before the date of the
1746	1748		859
1747	1749		applicant's application;
1748	1750		860
1749	1751		(iii)(A) the applicant is an individual or sole proprietorship; and
1750	1752		861
1751	1753		(B) any owner or agent acting as a qualifier has served in any capacity listed in
1752	1754		862
1753	1755		Subsection (5)(a)(ii)(B) in any entity which has had a previous license, which
1754	1756		863
1755	1757		was issued under this chapter, suspended or revoked within two years before
1756	1758		864
1757	1759		the date of the applicant's application; or
1758	1760		865
1759	1761		(iv)(A) the applicant includes an individual who was an owner, director, or officer
1760	1762		866
1761	1763		of an unincorporated entity at the time the entity's license under this chapter
1762	1764		867
1763	1765		was revoked; and
1764	1766		868
1765	1767		(B) the application for licensure is filed within 60 months after the revocation of
1766	1768		869
1767	1769		the unincorporated entity's license.
1768	1770		870
1769	1771		(b) An application for licensure under this chapter shall be reviewed by the appropriate
1770	1772		871
1771	1773		licensing board prior to approval if:
1772	1774		872
1773	1775		(i) the applicant has had a previous license, which was issued under this chapter,
1774	1776		873
1775	1777		suspended or revoked more than two years before the date of the applicant's
1776	1778		874
1777	1779		application;
1778	1780		875
1779	1781		(ii)(A) the applicant is a partnership, corporation, or limited liability company; and
1780	1782		876
1781	1783		(B) any corporate officer, director, shareholder holding 25% or more of the stock
1782	1784		877
1783	1785		in the applicant, partner, member, agent acting as a qualifier, or any person
1784		-	- 26 - Enrolled Copy H.B. 442
1785	1786		878
1786	1787		occupying a similar status, performing similar functions, or directly or
	1788	+	- 26 - 03-07 08:54 4th Sub. (Green) H.B. 442
1787	1789		879
1788	1790		indirectly controlling the applicant has served in any similar capacity with any
1789	1791		880
1790	1792		person or entity which has had a previous license, which was issued under this
1791	1793		881
1792	1794		chapter, suspended or revoked more than two years before the date of the
1793	1795		882
1794	1796		applicant's application; or
1795	1797		883
1796	1798		(iii)(A) the applicant is an individual or sole proprietorship; and
1797	1799		884
1798	1800		(B) any owner or agent acting as a qualifier has served in any capacity listed in
1799	1801		885
1800	1802		Subsection (5)(a)(ii)(B) in any entity which has had a previous license, which
1801	1803		886
1802	1804		was issued under this chapter, suspended or revoked more than two years
1803	1805		887
1804	1806		before the date of the applicant's application.
1805	1807		888
1806	1808		(6)(a)(i) A licensee that is an unincorporated entity shall file an ownership status
1807	1809		889
1808	1810		report with the division every 30 days after the day on which the license is issued
1809	1811		890
1810	1812		if the licensee has more than five owners who are individuals who:
1811	1813		891
1812	1814		(A) own an interest in the contractor that is an unincorporated entity;
1813	1815		892
1814	1816		(B) own, directly or indirectly, less than an 8% interest, as defined by rule made
1815	1817		893
1816	1818		by the division in accordance with Title 63G, Chapter 3, Utah Administrative
1817	1819		894
1818	1820		Rulemaking Act, in the unincorporated entity; and
1819	1821		895
1820	1822		(C) engage, or will engage, in a construction trade in the state as owners of the
1821	1823		896
1822	1824		contractor described in Subsection (6)(a)(i)(A).
1823	1825		897
1824	1826		(ii) If the licensee has five or fewer owners described in Subsection (6)(a)(i), the
1825	1827		898
1826	1828		licensee shall provide the ownership status report with an application for renewal
1827	1829		899
1828	1830		of licensure.
1829	1831		900
1830	1832		(b) An ownership status report required under this Subsection (6) shall:
1831	1833		901
1832	1834		(i) specify each addition or deletion of an owner:
1833	1835		902
1834	1836		(A) for the first ownership status report, after the day on which the unincorporated
1835	1837		903
1836	1838		entity is licensed under this chapter; and
1837	1839		904
1838	1840		(B) for a subsequent ownership status report, after the day on which the previous
1839	1841		905
1840	1842		ownership status report is filed;
1841	1843		906
1842	1844		(ii) be in a format prescribed by the division that includes for each owner, regardless
1843	1845		907
1844	1846		of the owner's percentage ownership in the unincorporated entity, the information
1845	1847		908
1846	1848		described in Subsection (1)(e)(vi);
1847	1849		909
1848	1850		(iii) list the name of:
1849	1851		910
1850	1852		(A) each officer or manager of the unincorporated entity; and
1851	1853		911
1852	1854		(B) each other individual involved in the operation, supervision, or management
1853		-	- 27 - H.B. 442 Enrolled Copy
1854	1855		912
1855	1856		of the unincorporated entity; and
	1857	+	- 27 - 4th Sub. (Green) H.B. 442 03-07 08:54
1856	1858		913
1857	1859		(iv) be accompanied by a fee set by the division in accordance with Section 63J-1-504
1858	1860		914
1859	1861		if the ownership status report indicates there is a change described in Subsection
1860	1862		915
1861	1863		(6)(b)(i).
1862	1864		916
1863	1865		(c) The division may, at any time, audit an ownership status report under this Subsection
1864	1866		917
1865	1867		(6):
1866	1868		918
1867	1869		(i) to determine if financial responsibility has been demonstrated or maintained as
1868	1870		919
1869	1871		required under Section 58-55-306; and
1870	1872		920
1871	1873		(ii) to determine compliance with Subsection 58-55-501(23), (24), or (26) or
1872	1874		921
1873	1875		Subsection 58-55-502(8) or (9).
1874	1876		922
1875	1877		(7)(a) An unincorporated entity that provides labor to an entity licensed under this
1876	1878		923
1877	1879		chapter by providing an individual who owns an interest in the unincorporated entity
1878	1880		924
1879	1881		to engage in a construction trade in Utah shall file with the division:
1880	1882		925
1881	1883		(i) before the individual who owns an interest in the unincorporated entity engages in
1882	1884		926
1883	1885		a construction trade in Utah, a current list of the one or more individuals who hold
1884	1886		927
1885	1887		an ownership interest in the unincorporated entity that includes for each individual:
1886	1888		928
1887	1889		(A) the individual's name, address, birth date, and social security number; and
1888	1890		929
1889	1891		(B) whether the individual will engage in a construction trade; and
1890	1892		930
1891	1893		(ii) every 30 days after the day on which the unincorporated entity provides the list
1892	1894		931
1893	1895		described in Subsection (7)(a)(i), an ownership status report containing the
1894	1896		932
1895	1897		information that would be required under Subsection (6) if the unincorporated
1896	1898		933
1897	1899		entity were a licensed contractor.
1898	1900		934
1899	1901		(b) When filing an ownership list described in Subsection (7)(a)(i) or an ownership
1900	1902		935
1901	1903		status report described in Subsection [(7)(a)(i) ] (7)(a)(ii) an unincorporated entity
1902	1904		936
1903	1905		shall pay a fee set by the division in accordance with Section 63J-1-504.
1904	1906		937
1905	1907		(8) This chapter may not be interpreted to create or support an express or implied
1906	1908		938
1907	1909		independent contractor relationship between an unincorporated entity described in
1908	1910		939
1909	1911		Subsection (6) or (7) and the owners of the unincorporated entity for any purpose,
1910	1912		940
1911	1913		including income tax withholding.
1912	1914		941
1913	1915		(9)(a) A social security number provided under Subsection (1)(e)(vi) or (3)(k)(ii) is a
1914	1916		942
1915	1917		private record under Subsection 63G-2-302(1)(i).
1916	1918		943
1917	1919		(b) The division may designate an applicant's evidence of identity under Subsection
1918	1920		944
1919	1921		(1)(e)(vi) as a private record in accordance with Section 63G-2-302.
1920	1922		945
1921	1923		Section 4. Effective Date.
1922		-	- 28 - Enrolled Copy H.B. 442
1923	1924		946
1924	1925		This bill takes effect on May 7, 2025.
1925		-	- 29 -
	1926	+	- 28 -