No. 42086 (Amendment): Rule R156-55a. Utah Construction Trades Licensing Act Rule

(Amendment)

DAR File No.: 42086
Filed: 09/12/2017 02:19:52 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule filing is to make substantive changes to comply with H.B. 313 and H.B. 273 passed during the 2017 General Session which became effective on 05/09/2017, and other technical changes as approved by the Construction Services Commission.

Summary of the rule or change:

In Section R156-55a-102, the technical changes correct the applicable cross-references to the statutory definitions. In Subsection R156-55a-301(2), the technical changes correct the applicable cross-references to the statutory definitions for the E100, B100, R100, I101, I102, I103, and I104 classifications. S200 General Electrical Contractor classification has been renumbered to E200, and the definition for general electrical contractor has been edited to reference the newly-enacted statutory definition, and clarify the current limitation concerning radon mitigation. S201 Residential Electrical Contractor classification has been renumbered to E201, and the definition for residential electrical contractor has been edited to reference the newly-enacted statutory definition, and clarify the current limitation concerning radon mitigation. S202 Solar Photovoltaic Contractor classification has been renumbered to E202, and cross-references have been corrected based on the changes in this rule. S210 General Plumbing Contractor classification has been renumbered to P200, and the definition for General Plumbing Contractor has been edited to reference the newly-enacted statutory definition, and clarify the current limitation concerning radon mitigation. S217 Residential Plumbing Contractor classification has been renumbered to P201, and relocated in the rule after the General Plumbing Contractor classification. The definition for Residential Plumbing Contractor has been edited to reference the newly-enacted statutory definition, and clarify the current limitation concerning radon mitigation. S211 Boiler Installation Contractor classification has been renumbered to P202. S212 Irrigation Sprinkling Contractor classification has been renumbered to P203. S213 Industrial Piping Contractor classification has been renumbered to P204. S214 Water Conditioning Contractor classification has been renumbered to P205. S215 Solar Thermal Systems Contractor classification has been renumbered to P206. S216 Residential Sewer Connection and Septic Tank Contractor classification has been renumbered to P207. Finally, these changes clarify that a S350 HVAC Contractor may hire or subcontract a RMGA-certified licensed contractor for any gas-related work, that the scope of work for a S360 Refrigeration Contractor does not include installation of any gas fuel or electric trade work, and that the scope of work for a S440 Sign Installation Contractor does not include installation of any electrical trade work. In Subsection R156-55a-301(3), the current Subsection (3) is deleted and replaced with new provisions that limit a contractor licensee to a total of three specialty classifications in addition to any general contracting classifications, and implement a process for current non-compliant licensees. In Subsection R156-55a-301(4), the current Subsection (4) is renumbered as Subsection (5) and relocated to later in the section. This new provision: 1) establishes an updated license classifications table that updates numbering and consolidates specialty classifications, and provides that only certain classifications shall be issued after 11/07/2017; and 2) creates an implementation process for current non-compliant licensees. In Subsections R156-55a-301(5) through (7), the technical changes are made to these subsections because of the renumbering of this section and because of the renumbering of certain classifications in Subsection (2). In Section R156-55a-302a, in compliance with H.B. 313 (2017), this change removes the exam requirement for certain licensure classifications except as part of a 25-hour pre-license course or as part of an approved trade classification exam as listed. This change also removes the exam requirement for all contractor license subclassifications and makes other technical and renumbering changes. In Section R156-55a-302b, the change removes the experience requirement for certain licensure classifications and makes other technical and renumbering changes. In Section R156-55a-302e, the technical change modifies and updates a cross-reference. In Section R156-55a-302f, the change provides an implementation period for discontinuing the 20-hour course and instituting the 25-hour course. The change clarifies that the 20-hour course shall satisfy the requirements for the 25-hour course for a certain period of time. This change also clarifies that the exam may be taken at the end of the pre-licensure course for no additional fee, and that an approved pre-license course provider shall offer the course at least six times in each year outside of the more populated counties. This change increases the number of hours of financial responsibility instruction from 10 hours to 15 hours. This change also includes a technical change changing the term throughout the rule from "pre-licensure education" to "pre-licensure course" for language consistency. In Section R156-55a-303b, the change clarifies continuing education requirements for HVAC contractor licensees. Additionally, this change provides a continuing education waiver for all Construction Services Commission members that regularly attend the Commission meetings, and makes other technical and renumbering changes. In Section R156-55a-304, the change increases the required remuneration for work performed by the qualifier for the contractor's licensee from 10 hours per week to 12 hours per week. This change also prohibits qualifiers from acting as a qualifier for more than three licensees at any one time, unless approved by the Commission and Division in writing. In Section R156-55a-306, the technical change modifies and updates a cross-reference. In Section R156-55a-312, the technical change makes definitional language consistent with the term "contractor classification examination". In Section R156-55a-503, based on H.B. 273 (2017), the change clarifies when the intent is to pursue multiple fines for multiple offenses or to pursue only one fine for multiple offenses, and makes other technical and renumbering changes.

Statutory or constitutional authorization for this rule:

• Subsection 58-1-106(1)(a)
• Subsection 58-1-202(1)(a)
• Section 58-55-101
• Subsection 58-55-308(1)(a)
• Subsection 58-55-102(39)(a)

Anticipated cost or savings to:

the state budget:

First, the legislative analyst for H.B. 313 (2017) estimated that implementation would save the Department of Commerce $1,500 annually from the Commerce Service Fund in application processing costs. However, these changes will also increase the Division's "soft" costs, due to increased phone calls and staff time spent related to questions concerning the changes. At least 20% of the phone calls now received by the Division's Bureau 4, the bureau responsible for the construction industry, concern at least in part the changes from H.B. 313 (2017). This equates to approximately 86.8 extra phone calls per week, for an approximate increase of 3.4 hours per week of extra phone call time devoted to addressing questions resulting from H.B. 313 (2017). Based on the average staff salary of $19.15 per hour, these changes are expected to result in an additional cost of $65.11 per week or $260.44 per month, totaling $3,385.72 per year. This estimate is conservative, as the actual percentage for the current year and the next year will most likely be higher. However, this number is expected to reduce over time as applicants and licensees become more familiar with the rule changes. Secondly, the legislative analyst for H.B. 273 (2017) estimated that implementation would cost the General Fund from the Commerce Service Fund $8,000 per year starting in FY2018, based on decreased fine revenue. This reduction is likely because the legislative changes limit the time frame from when a second or third offense may be issued based on the prior offense. Finally, the state will incur approximately $75 in costs to republish the rule.

local governments:

Local governments will neither enforce nor be affected by the processes and requirements implemented by these rules, nor will local governments be indirectly impacted because none of the amendments create a situation requiring services from local governments. Therefore, no cost or savings to local governments are anticipated.

small businesses:

As an initial matter, the Division estimates that these proposed rules will not have any measurable fiscal impact on small businesses in excess of the fiscal impact from the underlying legislation other than the choice made to implement the legislative requirements in as cost-effective a manner as possible. For example, in these proposed rules the Division has chosen to phase in the new 25-hour course requirement over time, to ease the transition for candidates, and to allow the course providers enough time to amend their curriculum. However, it is impossible to segregate the fiscal impact of these proposed rules from the fiscal impact of the legislation, H.B. 313 (2017) and H.B. 273 (2017), because the rules are being implemented for the very purpose of carrying out the legislative mandates. Accordingly, the analysis that follows includes the impact of the underlying legislation. First, the rule changes made in accordance with H.B. 313 (2017) will make it easier for businesses, including small businesses, to obtain approximately 30 types of "specialty" contractor licenses by reducing the expenses incurred in order to obtain experience and to pass examinations previously required for licensure. It is impossible to determine the amount of savings with any certainty because of the uniqueness of each licensing situation. Additionally, any impact to small business as distinguished from larger business is difficult to establish as that distinction is not made in contractor licensing requirements. The Division anticipates that expanding the pre-licensure course hour requirement from 20 hours to 25 hours, as required under H.B. 313 (2017), will result in an increased cost for the pre-licensure course, which will most likely be passed on to the applicants. The Association of General Contractors (AGC) of Utah and the Utah Home Builders Association are the only currently authorized pre-licensure course providers. The cost of the course is currently $290. The fee approximates to about $14.50 per hour. It is anticipated that an additional five hours will increase the cost of the pre-licensure course by approximately $72. With the estimated influx of new specialty contractor licensees that were previously not qualified, but can now qualify if they take the pre-licensure course and meet certain other simple requirements, the estimated increase in fee revenue could be over approximately $360,000 per year for the pre-license course providers. Notably, the pre-licensure course is only required once for a licensee, and as a result it is a one-time cost for the individual and one-time revenue for the course provider. Of particular note, the reduction in specialty contractor licensing requirements will impact the contractor support providers, which are all Utah small businesses. For example, the Utah Contractor License Center (UCLC) is a small business with only five full-time staff. With the elimination of testing for all specialties, the UCLC revenue stream is expected to be cut in half. Because the UCLC is so small and represents a small niche in the construction industry, this impact might be overlooked. Although a contractor license applicant is not required to use a contractor support provider to assist the applicant with the licensure process, many such applicants do rely on such support services. The small business/contractor support providers estimate that specialty contractor requirements added $544 to the licensing process for their revenue, and as a corresponding cost to the applicant. The contractor support providers note that this is a significant amount of money for a first-time contractor business. Most specialty contractor applicants start off with zero employees, so the cost savings to small businesses will be substantial, at least for those applicants who no longer choose to use a contractor support provider. In contrast, the contractor support providers believe that any company applying for a license that already has 50 or more employees is well-established, and that this $544 cost would either not be incurred or would be negligible for such applicants; accordingly, larger businesses are not expected to experience this type of cost savings. The contractor support providers indicate that they field around 300 calls a year from people inquiring about getting licensed but with no experience and they anticipate those callers may seek licensure resulting in increased applications for licensure. The contractor support providers estimate that price competition may increase but may also result in diminished quality of work and higher consumer repair costs. With respect to the rule changes made in accordance with H.B. 273 (2017), although the changes may increase the possibility of multiple citations and fines for violations of law, the impact to small businesses as distinguished from larger businesses will be difficult to establish as that distinction is not made in contractor licensing requirements. However, in any event, the impact of these fines cannot and should not be scaled to all businesses in the industry, as the fines will never affect the overwhelming majority of the businesses, small or large, who meet the normal standards of their profession and will never be assessed a fine. Stated another way, the nature of the misconduct proposed to be codified in the amended rule is such that the impact of the corresponding fines will never be uniformly felt across the industry. Furthermore, based on the Division's historical review, a licensee sanctioned for misconduct is unlikely to be fined again in succeeding years. In short, after conducting a thorough analysis the Division has determined that the scope of these proposed amendments is so narrow that they will not affect the vast majority of businesses, and will not result in a measurable fiscal impact to small or large businesses. Finally, the rule changes based on H.B. 273 (2017) are also likely to save licensees a substantial amount of money by deterring unfair competition. The primary impact of these multiple fines and citations will fall on those businesses and individuals who are working in the industry without a license, or working outside of the scope or standards of their license. However, it is impossible to determine the amount of savings to those contractors who are properly licensed, as it will vary widely depending on circumstances.

persons other than small businesses, businesses, or local governmental entities:

Again, although the fiscal impact of this rule in and of itself is expected to be negligible, it is impossible to segregate the fiscal impact of H.B. 313 (2017) and H.B. 273 (2017) from this analysis because the rule carries out the mandate of this legislation. Accordingly, the analysis that follows includes the impact of the underlying legislation. First, because of the wide variability of circumstances between specialty contractors, the fiscal impact on other persons other than what has been described herein already is indeterminate. However, another impact that should be noted is to the Division's exams administrator. The Division's exams administrator is a large nationwide business that does business in Utah by and through its contract with the Division. The administrator estimates that the elimination of the specialty contractor exams in accordance with H.B. 313 (2017) will cause the administrator an ongoing loss of revenue. However, because the exam administrator does not have to incur the expense of updating the exams, this change may result in no net increase in costs or may result in cost savings to the test administrator. As far as individuals, because the statutory and instant rule changes removing specialty contractor licensure requirements make it easier to obtain licensure, the individual compliance costs will most likely be reduced. Individual circumstances vary among licensees and applicants, so it is difficult to determine the amount of savings that may be incurred; the rule implementing H.B. 313 (2017) will result in differing impacts on individual licensees and applicants, but will make it easier for existing licensees, as well as new applicants to be licensed as a specialty contractor. Individual specialty contractor costs will be reduced because they will not need to incur the costs associated with gaining experience prior to licensure. The cost savings could include avoiding reduced pay or experiencing less profit for a period of two years prior to licensure, because of the inability to be independently licensed and the financial burden of sharing compensation with other individuals (a qualifier that is not the applicant). This savings is hard to determine because it is unclear exactly how much it would cost an average individual licensee to gain two years of paid experience compared, economically, to the pay and profits gained from an independent licensure. An applicant for licensure will have increased costs for the additional five hours for the now 25-hour pre-licensure course. These increased costs for the additional five hours of pre-licensure course are estimated to be about $72 as a one-time cost per applicant, translating to an estimated annual aggregate cost of $360,000 for all new applicants based on an estimated average of approximately 5,000 new applications per year. Finally, for current licensees, the rule changes based on H.B. 313 (2017) will increase the number of inexperienced but licensed contractors, which will increase competition among licensed contractors. This may result in inexperienced licensed contractors underbidding experienced licensed contractors but may also result in price competition to the benefit of consumers. Again, because of the wide variability between bids and types of specialty contractor work, it is impossible to determine an approximate impact to the average current licensee based on the influx of anticipated new inexperienced licensees.

Compliance costs for affected persons:

An applicant for licensure will have increased costs for the additional five hours for the now 25-hour pre-licensure course. These increased costs are estimated to be about $72 as a one-time cost per applicant.

Comments by the department head on the fiscal impact the rule may have on businesses:

Amendments are proposed to Sections R156-55a-102, R156-55a-301, R156-55a-302a, R156-55a-302b, R156-55a-302e, R156-55a-302f, R156-55a-303b, R156-55a-304, R156-55a-306, R156-55a-312, and R156-55a-503 of the Construction Trades Licensing Act Rule. The principal purpose of these rule changes is to comply with H.B. 313 and H.B. 273 passed during the 2017 General Session. Technical changes were also approved by the Construction Services Commission. Technical changes throughout the amended rules correct the applicable cross-references to the statutory definitions of various terms and classifications. The General Electrical Contractor, Residential Electrical Contractor, Solar Photovoltaic Contractor and General Plumbing Contractor classifications have been renumbered and the definitions have been edited to reference the newly-enacted statutory definitions. None of the technical changes have any fiscal impact to small businesses. Section R156-55a-302f changes the 20-hour pre-license course to a 25-hour pre-license course, with a liberal phase-in provision to lessen the impact of the change. Section R156-55a-303b clarifies continuing education requirements for HVAC contractor licensees. Section R156-55a-304 increases the required remuneration for work performed by the qualifier for the contractor's licenses from 10 hours to 12 hours per week and prohibits a person from acting as a qualifier for a business entity licensee for more than three licensees at any one time. These proposed rule amendments will not have any measurable fiscal impact on small businesses in excess of the fiscal impact from the underlying legislation. The cost to the licensee for the increase from a 20-hour pre-licensure course to a 25-hour course is estimated to be less than $75 per licensee. This would be only a one-time cost to the individual. Amendments to Sections R156-55a-302a and R156-55a-302b eliminate the experience requirement for approximately 30 types of specialty contractor licenses, providing cost savings to small businesses in amounts that are difficult to determine because of the uniqueness of each licensee's situation.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Chris Rogers at the above address, by phone at 801-530-6720, by FAX at 801-530-6511, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/31/2017

Interested persons may attend a public hearing regarding this rule:

• 10/25/2017 09:00 AM, Heber Wells Bldg, 160 E 300 S, North Conference Room (first floor), Salt Lake City, UT

This rule may become effective on:

11/07/2017

Authorized by:

Mark Steinagel, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-55a. Utah Construction Trades Licensing Act Rule.

R156-55a-102. Definitions.

In addition to the definitions in Title 58, Chapters 1 and 55, as defined or used in this rule:

(1) "Construction trades instructor", as used in Subsection 58-55-301(2)(p) is clarified to mean the education facility which is issued the license as a construction trades instructor. It does not mean individuals employed by the facility who may teach classes.

(2) "Construction trades instruction facility" means the facility which is granted the license as a construction trades instructor as specified in Subsection 58-55-301(2)(p) and as clarified in R156-55a-102(1).

(3) "Employee", as used in Subsections 58-55-102[(12)(a)](13) and 58-55-102([17]18), means a person providing labor services in the construction trades who works for a licensed contractor, or the substantial equivalent of a licensed contractor as determined by the Division, for compensation who has federal and state taxes withheld and workers' compensation and unemployment insurance provided by the person's employer.

(4) "Incidental", as used in Subsection 58-55-102([40]45), means work which:

(a) can be safely and competently performed by the specialty contractor; and

(b) arises from and is directly related to work performed in the licensed specialty classification and does not exceed 10 percent of the overall contract and does not include performance of any electrical or plumbing work unless specifically included in the specialty classification description under Subsection R156-55a-301(2).

(5) "Maintenance" means the repair, replacement and refinishing of any component of an existing structure; but, does not include alteration or modification to the existing weight-bearing structural components.

(6) "Mechanical", as used in Subsections 58-55-102([21]22) and 58-55-102([32]35), means the work which may be performed by a S350 HVAC Contractor under Section R156-55a-301.

(7) "Personal property" means, as it relates to Title 58, Chapter 56, factory built housing and modular construction, a structure which is titled by the Motor Vehicles Division, state of Utah, and taxed as personal property.

(8) "Qualifier", as used in Title 58, Chapter 55 and this rule, means the individual who demonstrates competence for a contractor or construction trades instruction facility license by [passing the examinations, completing the experience requirements or holding the individual licenses that are prerequisite]satisfying the requirements to obtain the contractor or construction trades instruction facility license.

(9) "School" means a Utah school district, applied technology college, or accredited college.

(10) "Unprofessional conduct" defined in Title 58, Chapters 1 and 55, is further defined in accordance with Section 58-1-203 in Section R156-55a-501.

 

R156-55a-301. License Classifications - Scope of Practice.

(1) In accordance with Subsection 58-55-301(2), the classifications of licensure are listed and described in this section. The construction trades or specialty contractor classifications listed are those determined to significantly impact the public health, safety, and welfare. A person who is engaged in work which is included in the items listed in Subsections R156-55a-301(4) and (5) is exempt from licensure in accordance with Subsection 58-55-305(1)(i).

(2) Licenses shall be issued in the following primary classifications and subclassifications:

E100 - General Engineering Contractor. A General Engineering contractor is a contractor licensed to perform work as defined in Subsection 58-55-102([22]24).

B100 - General Building Contractor. A General Building contractor is a contractor licensed to perform work as defined in Subsection 58-55-102([21]22) and pursuant to Subsection 58-55-102([21]22)(b) is clarified as follows:

(a) The General Building Contractor scope of practice does not include activities described in this Subsection under specialty classification [S]E202 - Solar Photovoltaic Contractor unless the work is performed under the immediate supervision of an employee who holds a current certificate issued by the North American Board of Certified Energy Practitioners.

(b) The General Building Contractor scope of practice does not include activities described in this Subsection under specialty classification S354-Radon Mitigation Contractor unless

(i) the work is performed under the immediate supervision of an employee who holds a current certificate issued by the National Radon Safety Board (NRSB) or the National Radon Proficiency Program (AARST-NRPP); or

(ii) the work is limited to installation of passive radon gas controls on new construction in accordance with Appendix F of the International Residential Code.

B200 - Modular Unit Installation Contractor. Set up or installation of modular units as defined in Subsection 15A-1-302(8) and constructed in accordance with Section 15A-1-304. The scope of the work permitted under this classification includes construction of the permanent or temporary foundations, placement of the modular unit on a permanent or temporary foundation, securing the units together if required and securing the modular units to the foundations. Work excluded from this classification includes installation of factory built housing and connection of required utilities.

R100 - Residential and Small Commercial Contractor. A Residential and Small Commercial contractor is a contractor licensed to perform work as defined in Subsection 58-55-102([32]35) and pursuant to Subsection 58-55-102([32]35) is clarified as follows:

(a) The Residential and Small Commercial Contractor scope of practice does not include activities described in this Subsection under specialty classification [S]E202 - Solar Photovoltaic Contractor unless the work is performed under the immediate supervision of an employee who holds a current certificate issued by the North American Board of Certified Energy Practitioners.

(b) The Residential and Small Commercial Contractor scope of practice does not include activities described in this Subsection under specialty classification S354-Radon Mitigation Contractor unless:

(i) the work is performed under the immediate supervision of an employee who holds a current certificate issued by the National Radon Safety Board (NRSB) or the National Radon Proficiency Program (AARST-NRPP); or

(ii) the work is limited to installation of passive radon gas controls on new construction in accordance with Appendix F of the International Residential Code.

R101 - Residential and Small Commercial Non Structural Remodeling and Repair. Remodeling and repair to any existing structure built for support, shelter and enclosure of persons, animals, chattels or movable property of any kind with the restriction that no change is made to the bearing portions of the existing structure, including footings, foundation and weight bearing walls; and the entire project is less than $50,000 in total cost.

R200 - Factory Built Housing Contractor. Disconnection, setup, installation or removal of manufactured housing on a temporary or permanent basis. The scope of the work permitted under this classification includes placement of the manufactured housing on a permanent or temporary foundation, securing the units together if required, securing the manufactured housing to the foundation, and connection of the utilities from the near proximity, such as a meter, to the manufactured housing unit and construction of foundations of less than four feet six inches in height. Work excluded from this classification includes site preparation or finishing, excavation of the ground in the area where a foundation is to be constructed, back filling and grading around the foundation, construction of foundations of more than four feet six inches in height and construction of utility services from the utility source to and including the meter or meters if required or if not required to the near proximity of the manufactured housing unit from which they are connected to the unit.

I101 - General Engineering Trades Instruction Facility. A General Engineering Trades Instruction Facility is a construction trades instruction facility authorized to teach the construction trades and is subject to the scope of practice defined in Subsection 58-55-102([22]24).

I102 - General Building Trades Instruction Facility. A General Building Trades Instruction Facility is a construction trades instruction facility authorized to teach the construction trades and is subject to the scope of practice defined in Subsections 58-55-102([21]22) or 58-55-102([32]35).

I103 - Electrical Trades Instruction Facility. An Electrical Trades Instruction Facility is a construction trades instruction facility authorized to teach the electrical trades and subject to the scope of practice defined in Subsection R156-55a-301([S]E200).

I104 - Plumbing Trades Instruction Facility. A Plumbing Trades Instruction Facility is a construction trades instruction facility authorized to teach the plumbing trades and subject to the scope of practice defined in Subsection R156-55a-301([S210]P200).

I105 - Mechanical Trades Instruction Facility. A Mechanical Trades Instruction Facility is a construction trades instruction facility authorized to teach the mechanical trades and subject to the scope of practice defined in Subsection R156-55a-301(S350).

[S]E200 - General Electrical Contractor. A General Electrical Contractor is a contractor licensed to perform work as defined in Subsection 58-55-102(23).[Fabrication, construction, and/or installation of generators, transformers, conduits, raceways, panels, switch gear, electrical wires, fixtures, appliances, or apparatus which utilizes electrical energy.] The General Electrical Contractor scope of practice does not include activities described in this Subsection under specialty classification S354-Radon Mitigation Contractor unless the work is performed under the immediate supervision of an employee who holds a current certificate issued by the National Radon Safety Board (NRSB) or the National Radon Proficiency Program (AARST-NRPP).

[S]E201 - Residential Electrical Contractor. A Residential Electrical Contractor is a contractor licensed to perform work as defined in Subsection 58-55-102(37). The Residential Electrical Contractor scope of practice does not include activities described in this subsection under specialty classification S354-Radon Mitigation Contractor unless the work is performed under the immediate supervision of an employee who holds a current certificate issued by the National Radon Safety Board (NRSB) or the National Radon Proficiency Program (AARST-NRPP).[Fabrication, construction, and/or installation of services, disconnecting means, grounding devices, panels, conductors, load centers, lighting and plug circuits, appliances and fixtures in any residential unit, normally requiring non-metallic sheathed cable, including multiple units up to and including a four-plex, but excluding any work generally recognized in the industry as commercial or industrial.]

[S]E202 - Solar Photovoltaic Contractor. Fabrication, construction, installation, and replacement of photovoltaic [cell panels]modules and related components. Wiring, connections and wire methods as governed in the National Electrical Code and Subsection R156-55b-102(1) shall only be performed by an [S]E200 General Electrical Contractor or [S]E201 Residential Electrical Contractor. This classification is not required to install stand alone solar systems that do not tie into premises wiring or into the electrical utility, such as signage or street or parking lighting.

A contractor who obtained this classification of licensure between January 1, 2009 and April 25, 2011 and who holds an active license may, in addition to the above, perform the following activities as part of the scope of practice under this subsection: fabrication, construction, installation, and repair of photovoltaic cell panels and related components including battery storage systems, distribution panels, switch gear, electrical wires, inverters, and other electrical apparatus for solar photovoltaic systems. Work excluded from this classification includes work on any alternating current system or system component.

[S210]P200 - General Plumbing Contractor. A General Plumbing Contractor is a contractor licensed to perform work as defined in Subsection 58-55-102(25).[Fabrication and/or installation of material and fixtures to create and maintain sanitary conditions in buildings, by providing a 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 provision of a safe and adequate supply of gases for lighting, heating, and industrial purposes. Work permitted under this classification shall include the furnishing of materials, fixtures and labor to extend service from a building out to the main water, sewer or gas pipeline.] The General Plumbing Contractor scope of practice does not include activities described in this Subsection under specialty classification S354-Radon Mitigation Contractor unless the work is performed under the immediate supervision of an employee who holds a current certificate issued by the National Radon Safety Board (NRSB) or the National Radon Proficiency Program (AARST-NRPP).

P201 - Residential Plumbing Contractor. A Residential Plumbing Contractor is a contractor licensed to perform work as defined in Subsection 58-55-102(42). The Residential Plumbing Contractor scope of practice does not include activities described in this subsection under specialty classification S354-Radon Mitigation Contractor unless the work is performed under the immediate supervision of an employee who holds a current certificate issued by the National Radon Safety Board (NRSB) or the National Radon Proficiency Program (AARST-NRPP).

[S211]P202 - Boiler Installation Contractor. Fabrication and/or installation of fire-tube and water-tube power boilers and hot water heating boilers, including all fittings and piping, valves, gauges, pumps, radiators, converters, fuel oil tanks, fuel lines, chimney flues, heat insulation and all other devices, apparatus, and equipment related thereto in a closed system not connected to the culinary water system. Notwithstanding the foregoing, where water delivery for the closed system is connected to the culinary water system and separated from the culinary water system by a backflow prevention device, a contractor licensed under this subsection may connect the closed system to the backflow prevention device, which must be installed by an actively licensed plumber.

[S212]P203 - Irrigation Sprinkling Contractor. Layout, fabrication, and/or installation of water distribution system for artificial watering or irrigation.

[S213]P204 - Industrial Piping Contractor. Fabrication and/or installation of pipes and piping for the conveyance or transmission of steam, gases, chemicals, and other substances including excavating, trenching, and back-filling related to such work. This classification includes the above work for geo thermal systems.

[S214]P205 - Water Conditioning Equipment Contractor. Fabrication and/or installation of water conditioning equipment and only such pipe and fittings as are necessary for connecting the water conditioning equipment to the water supply system within the premises.

[S215]P206 - Solar Thermal Systems Contractor. Construction, repair and/or installation of solar thermal systems up to the system shut off valve or where the system interfaces with any other plumbing system.

[S216]P207 - Residential Sewer Connection and Septic Tank Contractor. Construction of residential sewer lines including connection to the public sewer line, and excavation and grading related thereto. Excavation, installation and grading of residential septic tanks and their drainage.[

S217 - Residential Plumbing Contractor. Fabrication and/or installation of material and fixtures to create and maintain sanitary conditions in residential building, including multiple units up to and including a four-plex by providing a 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 provision of a safe and adequate supply of gases for lighting and heating purposes. Work permitted under this classification shall include the furnishing of materials, fixtures and labor to extend service from a residential building out to the main water, sewer or gas pipeline. Excluded is any new construction and service work generally recognized in the industry as commercial or industrial.]

S220 - Carpentry Contractor. Fabrication for structural and finish purposes in a structure or building using wood, wood products, metal studs, vinyl materials, or other wood/plastic/metal composites as is by custom and usage accepted in the building industry as carpentry. Incidental work includes the installation of tub liners and wall systems.

S221 - Cabinet, Millwork and Countertop Installation Contractor. On-site construction and/or installation of milled wood products or countertops.

S222 - Overhead and Garage Door Contractor. The installation of overhead and garage doors and door openers.

S230 - Siding Contractor. Fabrication, construction, and/or installation of siding.

S231 - Raingutter Installation Contractor. On-site fabrication and/or installation of raingutters and drains, roof flashings, gravel stops and metal ridges.

S240 - Glass and Glazing Contractor. Fabrication, construction, installation, and/or removal of all types and sizes of glass, mirrors, substitutes for glass, glass-holding members, frames, hardware, and other incidental related work.

S250 - Insulation Contractor. Installation of any insulating media in buildings and structures for the sole purpose of temperature control, sound control or fireproofing, but shall not include mechanical insulation of pipes, ducts or conduits.

S260 - General Concrete Contractor. Fabrication, construction, mixing, batching, and/or installation of concrete and related concrete products along with the placing and setting of screeds for pavement for flatwork, the construction of forms, placing and erection of steel bars for reinforcing and application of plaster and other cement-related products.

S261 - Concrete Form Setting and Shoring Contractor. Fabrication, construction, and/or installation of forms and shoring material; but, does not include the placement of concrete, finishing of concrete or embedded items such as metal reinforcement bars or mesh.

S262 - Gunnite and Pressure Grouting Contractor. Installation of a concrete product either injected or sprayed under pressure.

S263 - Cementatious Coating Systems Resurfacing and Sealing Contractor. Fabrication, construction, mixing, batching and installation of cementatious coating systems or sealants limited to the resurfacing or sealing of existing surfaces, including the preparation or patching of the surface to be covered or sealed.

S270 - General Drywall and Plastering Contractor. Fabrication, construction, and installation of drywall, gypsum, wallboard panels and assemblies. Preparation of drywall or plaster surfaces for suitable painting or finishing. Application to surfaces of coatings made of plaster, including the preparation of the surface and the provision of a base. This does not include applying stucco to lathe, plaster and other surfaces. Exempted is the plastering of foundations.

S272 - Ceiling Grid Systems, Ceiling Tile and Panel Systems Contractor. Fabrication and/or installation of wood, mineral, fiber, and other types of ceiling tile and panels and the grid systems required for placement.

S273 - Light-weight Metal and Non-bearing Wall Partitions Contractor. Fabrication and/or installation of light-weight metal and other non-bearing wall partitions.

S280 - General Roofing Contractor. Application and/or installation of asphalt, pitch, tar, felt, flax, shakes, shingles, roof tile, slate, and any other material or materials, or any combination of any thereof which use and custom has established as usable for, or which are now used as, water-proof, weatherproof, or watertight seal or membranes for roofs and surfaces; and roof conversion. Incidental work includes the installation of roof clamp ring to the roof drain.

S290 - General Masonry Contractor. Construction by cutting, and/or laying of all of the following brick, block, or forms: architectural, industrial, and refractory brick, all brick substitutes, clay and concrete blocks, terra-cotta, thin set or structural quarry tile, glazed structural tile, gypsum tile, glass block, clay tile, copings, natural stone, plastic refractories, and castables and any incidental works, including the installation of shower pans, as required in construction of the masonry work.

S291 - Stone Masonry Contractor. Construction using natural or artificial stone, either rough or cut and dressed, laid at random, with or without mortar. Incidental work includes the installation of shower pans.

S292 - Terrazzo Contractor. Construction by fabrication, grinding, and polishing of terrazzo by the setting of chips of marble, stone, or other material in an irregular pattern with the use of cement, polyester, epoxy or other common binders. Incidental work includes the installation of shower pans.

S293 - Marble, Tile and Ceramic Contractor. Preparation, fabrication, construction, and installation of artificial marble, burned clay tile, ceramic, encaustic, falence, quarry, semi-vitreous, and other tile, excluding hollow or structural partition tile. Incidental work includes the installation of shower pans.

S294 - Cultured Marble Contractor. Preparation, fabrication and installation of slab and sheet manmade synthetic products including cultured marble, onyx, granite, onice, corian, and corian type products. Incidental work includes the installation of shower pans.

S300 - General Painting Contractor. Preparation of surface and/or the application of all paints, varnishes, shellacs, stains, waxes and other coatings or pigments.

S310 - Excavation and Grading Contractor. Moving of the earth's surface or placing earthen materials on the earth's surface, by use of hand or power machinery and tools, including explosives, in any operation of cut, fill, excavation, grading, trenching, backfilling, or combination thereof as they are generally practiced in the construction trade.

S320 - Steel Erection Contractor. Construction by fabrication, placing, and tying or welding of steel reinforcing bars or erecting structural steel shapes, plates of any profile, perimeter or cross-section that are used to reinforce concrete or as structural members, including riveting, welding, and rigging.

S321 - Steel Reinforcing Contractor. Fabricating, placing, tying, or mechanically welding of reinforcing bars of any profile that are used to reinforce concrete buildings or structures.

S322 - Metal Building Erection Contractor. Erection of pre-fabricated metal structures including concrete foundation and footings, grading, and surface preparation.

S323 - Structural Stud Erection Contractor. Fabrication and installation of metal structural studs and bearing walls.

S330 - Landscaping Contractor.

(a) grading and preparing land for architectural, horticultural, or decorative treatment;

(b) arrangement, and planting of gardens, lawns, shrubs, vines, bushes, trees, or other decorative vegetation;

(c) construction of small decorative pools, tanks, fountains, hothouses, greenhouses, fences, walks, garden lighting of 50 volts or less, or sprinkler systems;

(d) construction of retaining walls except retaining walls which are intended to hold vehicles, structures, equipment or other non natural fill materials within the area located within a 45 degree angle from the base of the retaining wall to the level of where the additional weight bearing vehicles, structures, equipment or other non natural fill materials are located; or

(e) patio areas except that:

(i) no decking designed to support humans or structures shall be included; and

(ii) no concrete work designed to support structures to be placed upon the patio shall be included.

(f) This classification does not include [running]any electrical trade work or installing gas lines to any appliance.

S340 - Sheet Metal Contractor. Layout, fabrication, and installation of air handling and ventilating systems. All architectural sheet metal such as cornices, marquees, metal soffits, gutters, flashings, and skylights and skydomes including both plastic and fiberglass.

S350 - HVAC Contractor. Fabrication and installation of complete warm air heating , [and ]air conditioning and ventilating systems[, and complete ventilating systems]. The HVAC Contractor scope of practice does not include activities described in this Subsection under specialty classification S354-Radon Mitigation Contractor unless the work is performed under the immediate supervision of an employee who holds a current certificate issued by the National Radon Safety Board (NRSB) or the National Radon Proficiency Program (AARST-NRPP). An HVAC Contractor may hire or subcontract a RMGA-certified licensed contractor for any gas-related work. The scope of permitted work does not include electrical trade work.

S351 - Refrigerated Air Conditioning Contractor. Fabrication and installation of air conditioning ventilating systems to control air temperatures below 50 degrees. The scope of permitted work does not include electrical trade work.

S352 - Evaporative Cooling Contractor. Fabrication and installation of devices, machinery, and units to cool the air temperature employing evaporation of liquid. The scope of permitted work does not include electrical trade work.

S353 - Warm Air Heating Contractor. Layout, fabrication, and installation of such sheet metal, gas piping, and furnace equipment as necessary for a complete warm air heating and ventilating system. The scope of permitted work does not include electrical trade work.

S354 - Radon Mitigation Contractor. Layout, fabrication, and installation of a radon mitigation system. This classification does not include work on heat recovery ventilation or makeup air components which must be performed by an HVAC Contractor and does not include electrical [wiring]trade work which must be performed by an Electrical Contractor. Work performed under this classification shall be performed under the immediate supervision of an employee who holds a current certificate issued by the National Radon Safety Board (NRSB) or the National Radon Proficiency Program (AARST-NRPP).

S360 - Refrigeration Contractor. Construction and/or installation of refrigeration equipment including, but not limited to, built-in refrigerators, refrigerated rooms, insulated refrigerated spaces and equipment related thereto; but, the scope of permitted work does not include the installation of gas fuel or [electric power services other than connection of electrical devices to a junction box provided for that device and electrical control circuitry not exceeding 50 volts]electrical trade work.

S370 - Fire Suppression Systems Contractor. Layout, fabrication, and installation of fire protection systems using water, steam, gas, or chemicals. When a potable sanitary water supply system is used as the source of supply, connection to the water system must be accomplished by a licensed plumbing contractor. Excluded from this classification are persons engaged in the installation of fire suppression systems in hoods above cooking appliances.

S380 - Swimming Pool and Spa Contractor. On-site fabrication, construction and installation of swimming pools, prefabricated pools, spas, and tubs. The scope of permitted work does not include plumbing or electrical trade work.

S390 - Sewer and Waste Water Pipeline Contractor. Construction of sewer lines, sewage disposal and sewage drain facilities including excavation and grading with respect thereto, and the construction of sewage disposal plants and appurtenances thereto.

S400 - Asphalt Paving Contractor. Construction of asphalt highways, roadways, driveways, parking lots or other asphalt surfaces, which will include but will not be limited to, asphalt overlay, chip seal, fog seal and rejuvenation, micro surfacing, plant mix sealcoat, slurry seal, and the removal of asphalt surfaces by milling. Also included is the excavation, grading, compacting and laying of fill or base-related thereto. Also included in painting on asphalt surfaces including striping, directional and other types of symbols or words.

S410 - Pipeline and Conduit Contractor. Fabrication, construction, and installation of pipes, conduit or cables for the conveyance and transmission from one station to another of such products as water, steam, gases, chemicals, slurries, data or communications. Included are the excavation, cabling, horizontal boring, grading, and backfilling necessary for construction of the system.

S420 - General Fencing, Ornamental Iron and Guardrail Contractor. Fabrication, construction, and installation of fences, guardrails, handrails, and barriers.

S421 - Residential Fencing Contractor. Fabrication and installation of residential fencing up to and including a height of six feet.

S430 - Metal Firebox and Fuel Burning Stove Installer. Fabrication, construction, and installation of metal fireboxes, fireplaces, and wood or coal-burning stoves, including the installation of venting and exhaust systems, provided the individual performing the installation is RMGA certified.

S440 - Sign Installation Contractor. Installation of signs and graphic displays which require installation permits or permission as issued by state or local governmental jurisdictions. Signs and graphic displays shall include signs of all types, both lighted and unlighted, permanent highway marker signs, illuminated awnings, electronic message centers, sculptures or graphic representations including logos and trademarks intended to identify or advertise the user or his product, building trim or lighting with neon or decorative fixtures, or any other animated, moving or stationary device used for advertising or identification purposes. Signs and graphic displays must be fabricated, installed and erected in accordance with professionally engineered specifications and wiring in accordance with the National Electrical Code. The scope of permitted work does not include electrical trade work.

S441 - Non Electrical Outdoor Advertising Sign Contractor. Installation of signs and graphic displays which require installation permits or permission as issued by state and local governmental jurisdictions. Signs and graphics shall include outdoor advertising signs which do not have electrical lighting or other electrical requirements, and in accordance with professionally engineered specifications.

S450 - Mechanical Insulation Contractor. Fabrication, application and installation of insulation materials to pipes, ducts and conduits.

S460 - Wrecking and Demolition Contractor. The raising, cribbing, underpinning, moving, and removal of building and structures.

S470 - Petroleum Systems Contractor. Installation of above and below ground petroleum and petro-chemical storage tanks, piping, dispensing equipment, monitoring equipment and associated petroleum and petro-chemical equipment including excavation, backfilling, concrete and asphalt.

S480 - Piers and Foundations Contractor. The excavation, drilling, compacting, pumping, sealing and other work necessary to construct, alter or repair piers, piles, footings and foundations placed in the earth's subsurface to prevent structural settling and to provide an adequate capacity to sustain or transmit the structural load to the soil or rock below.

S490 - Wood Flooring Contractor. Installation of wood flooring including prefinished and unfinished material, sanding, staining and finishing of new and existing wood flooring. Underlayments, non-structural subfloors and other incidental related work.

S491 - Laminate Floor Installation Contractor. Installation of laminate floors including underlayments, non-structural subfloors and other incidental related work, but does not include the installation of sold wood flooring.

S500 - Sports and Athletic Courts, Running Tracks, and Playground Installation Contractor. Installation of sports and athletic courts including but not limited to tennis courts, racquetball courts, handball courts, basketball courts, running tracks, playgrounds, or any combination. Includes nonstructural floor subsurfaces, nonstructural wall surfaces, perimeter walls and perimeter fencing. Includes the installation and attachment of equipment such as poles, basketball standards or other equipment.

S510 - Elevator Contractor. Erecting, constructing, installing, altering, servicing, repairing or maintaining an elevator.

S600 - General Stucco Contractor. Applying stucco to lathe, plaster and other surfaces.

S700 - Specialty License Contractor.

(a) A specialty license is a license that confines the scope of the allowable contracting work to a specialized area of construction which the Division grants on a case-by-case basis.

(b) When applying for a specialty license, an applicant, if requested, shall submit to the Division the following:

(i) a detailed statement of the type and scope of contracting work that the applicant proposes to perform; and

(ii) any brochures, catalogs, photographs, diagrams, or other material to further clarify the scope of the work that the applicant proposes to perform.

(c) A contractor issued a specialty license shall confine the contractor's activities to the field and scope of operations as outlined by the Division.

(3)(a) A licensee may hold up to three specialty license classifications, in addition to any general contractor classifications.

(b) A licensee may change classifications at any time by surrendering a license, and by applying for any license for which the licensee is qualified and as permitted by law.

(c) To qualify for licensure, an applicant for renewal or reinstatement shall surrender or replace the applicant's contractor classifications as needed to comply with this Subsection (3)(a).

(4) Effective November 7, 2017:

(a) Contractor licenses shall only be issued to applicants or licensees in:

(i) primary classification listed in Subsection(5); or

(ii) primary or subclassifications of B200, R101, R200, E201, E202, P201, P202, P203, P204, P205, P206, P207, S240, S250, S280, S300, S310, S330, S340, S354, S360, S370, S380, S390, S400, S410, S430, S450, S460, S470, S480, S500, S510, S600, S700; or

(iii) a general contractor or facility classification listed in Subsection R156-55a-302a(2).

(b) Except for subclassifications listed in Subsection (4)(a)(ii), an application for renewal or reinstatement of a license with a subclassification listed in Subsection (5) shall be converted to the corresponding primary classification.

([3]5) The scope of practice for the following primary classifications includes the scope of practice stated in the descriptions for the following subsclassifications:

 

TABLE I

 
      Primary Classification     Included subclassifications 
          [S]E200                  [S]E201, [S]E202 
          [S210]P200                  [S211, S212, S213, S214, S215,
                                        S216, S217]P201, P202, P203,
                                        P204, P205, P206, P207 
          S220                  S221, S222 
          S230                  S231 
          S260                  S261, S262, S263 
          S270                  S272, S273 
          S290                  S291, S292, S293, S294 
          S320                  S321, S322, S323 
          S350                  S351, S352, S353, S354 
          S420                  S421 
          S440                  S441 
          S490                  S491

 

([4]6) The following activities are determined to not significantly impact the public health, safety and welfare and therefore do not require a contractors license:

(a) sandblasting;

(b) pumping services;

(c) tree stump or tree removal;

(d) installation within a building of communication cables including phone and cable television;

(e) installation of low voltage electrical as described in R156-55b-102(1);

(f) construction of utility sheds, gazebos or other similar items which are personal property and not attached;

(g) building and window washing, including power washing;

(h) central vacuum systems installation;

(i) concrete cutting;

(j) interior decorating;

(k) wall paper hanging;

(l) drapery and blind installation;

(m) welding on personal property which is not attached;

(n) chimney sweepers other than repairing masonry;

(o) carpet and vinyl floor installation;

(p) artificial turf installation;

(q) general cleanup of a construction site which does not include demolition or excavation; and

(r) work that would otherwise be limited to individuals holding the S260, S261, S262, S263, S290, S310, S330, S380, S420, S421 and S500 specialty classifications if the work is within the $1,000 or $3,000 labor and material limit as specified in the handyman exemption in Subsection 58-55-305(1)(h).

(5) The following activities are those determined to not significantly impact the public health, safety and welfare beyond the regulations by other agencies and therefore do not require a contractors license:

(a) lead removal regulated by the Department of Environmental Quality;

(b) asbestos removal regulated by the Department of Environmental Quality; and

(c) fire alarm installation regulated by the Fire Marshal.

 

R156-55a-302a. Qualifications for Licensure - Examinations.

(1) In accordance with Subsection 58-55-302(1)(c), no examination is required for the qualifier [for]of an applicant for licensure as a contractor or [the qualifier for an applicant for licensure as a ]construction trades instruction facility except[shall pass the following examinations]:

(a) an examination may be required as part of a 25-hour course described in Subsection 58-55-302(1)(e)(iii); and

(b) an approved contractor classification examination required for the classifications listed in Subsection (2); and

([a]c) the Utah Contractor Business and[-] Law Examination for the classifications listed in Subsection (2) and P200, P201, E200, and E201 classifications.[; and

(b) an approved trade classification specific examination, where required in Subsection (2).]

(2) An approved [trade]contractor classification [specific ]examination is required for the following contractor license classifications:

E100 - General Engineering Contractor

B100 - General Building Contractor[

B200 - Modular Unit Installation Contractor]

R100 - Residential and Small Commercial Contractor[

R101 - Residential and Small Commercial Non Structural Remodeling and Repair Contractor

R200 - Factory Built Housing Contractor]

I101 - General Engineering Trades Instruction Facility

I102 - General Building Trades Instruction Facility

I105 - Mechanical Trades Instruction Facility[

S211 - Boiler Installation Contractor

S212 - Irrigation Sprinkling Contractor

S213 - Industrial Piping Contractor

S215 - Solar Thermal Systems Contractor

S216 - Residential Sewer Connection and Septic Tank Contractor

S220 - Carpentry Contractor

S222 - Overhead and Garage Door Contractor

S230 - Siding Contractor

S240 - Glass and Glazing Contractor

S250 - Insulation Contractor

S260 - General Concrete Contractor

S270 - General Drywall and Plastering Contractor

S280 - General Roofing Contractor

S290 - General Masonry Contractor

S293 - Marble, Tile and Ceramic Contractor

S300 - General Painting Contractor

S310 - Excavation and Grading Contractor

S320 - Steel Erection Contractor

S321 - Steel Reinforcing Contractor

S330 - Landscaping Contractor

S340 - Sheet Metal Contractor

S350 - HVAC Contractor

S351 - Refrigerated Air Conditioning Contractor

S353 - Warm Air Heating Contractor

S360 - Refrigeration Contractor

S370 - Fire Suppression Systems Contractor

S380 - Swimming Pool and Spa Contractor

S390 - Sewer and Waste Water Pipeline Contractor

S410 - Pipeline and Conduit Contractor

S440 - Sign Installation Contractor

S450 - Mechanical Insulation Contractor

S490 - Wood Flooring Contractor

S600 - General Stucco Contractor]

(3) The passing score for each examination is 70%.

(4) Qualifications to sit for examination.

(a) An applicant applying to take any examination specified in this Section must sign an affidavit verifying that an applicant has completed the experience required under Subsection R156-55a-302b.

(5) "Approved [trade]contractor classification [specific ]examination" means a [trade]contractor classification [specific ]examination:

(a) given, currently or in the past, by the Division's contractor examination provider; or

(b) given by another state if the Division has determined the examination to be substantially equivalent.

(6) An applicant for licensure who fails an examination may retake the failed examination as follows:

(a) no sooner than 30 days following any failure up to three failures; and

(b) no sooner than six months following any failure thereafter.

 

R156-55a-302b. Qualifications for Licensure - Experience Requirements.

In accordance with Subsection 58-55-302(1)(e)(ii), the minimum experience requirements are established as follows:

(1) No experience is required for any contractor classification except those classifications listed in Subsection R156-55a-302a(2).

([1]2) The experience requirements[Requirements] for all contractor license classifications listed in Subsection R156-55a-302a(2) are:

(a) Unless otherwise provided in this rule, two years of experience shall be lawfully performed within the 10-year period preceding the date of application under the general supervision of a contractor, and shall be subject to the following:

(i) If the experience was completed in Utah, it shall be:

(A) completed while a W-2 employee of a licensed contractor; or

(B) completed while working as an owner of a licensed contractor, which has for all periods of experience claimed, employed a qualifier who performed the duties and served in the capacities specified in Subsection 58-55-304(4) and in Subsection R156-55a-304.

(ii) If the experience was completed outside of the state of Utah, it shall be:

(A) completed in compliance with the laws of the jurisdiction in which the experience is completed; and

(B) completed with supervision that is substantially equivalent to the supervision that is required in Utah.

(iii) Experience may be determined to be substantially equivalent if lawfully obtained in a setting which has supervision of qualified persons and an equivalent scope of work, such as performing construction activities in the military where licensure is not required.

(b) One year of work experience means 2000 hours.

(c) No more than 2000 hours of experience during any 12 month period may be claimed.

(d) Except as described in Subsection (2)b, experience obtained under the supervision of a construction trades instructor as a part of an educational program is not qualifying experience for a contractors license.

(e) If the applicant's qualifying experience is outdated but has previously been approved in the state of Utah, a passing score on the [trade]contractor examination and the laws and rules examination obtained within the one-year period preceding the date of application will requalify the applicant's experience.

([2]3) Requirements for E100 General Engineering, B100 General Building, R100 Residential and Small Commercial Building license classifications:

(a) One of the required two years of experience shall be in a supervisory or managerial position.

(b) A person holding a four-year bachelors degree or a two-year associates degree in Construction Management may have one year of experience credited towards the supervisory or managerial experience requirement.

(c) A person holding a Utah professional engineer license may be credited with satisfying one year toward the supervisory or managerial experience required for E100 contractor license.

([3]4) Requirements for I101 General Engineering Trades Instruction Facility, I102 General Building Trades Instruction Facility, I103 Electrical Trades Instruction Facility, I104 Plumbing Trades Instruction Facility, I105 Mechanical Trades Instruction Facility license classifications:

An applicant for construction trades instruction facility license shall have the same experience that is required for the license classifications for the construction trade they will instruct.

([4]5) Requirements for [S]E202 Solar Photovoltaic Contractor. In addition to the requirements of Subsection ([1]2), an applicant shall hold a current certificate by the North American Board of Certified Energy Practitioners.

([5]6) Requirements for S354 Radon Mitigation Contractor. In addition to the requirements of Subsection ([1]2), an applicant shall hold a current certificate issued by the National Radon Safety Board (NRSB) or the National Radon Proficiency Program (AARST-NRPP). Experience completed prior to the effective date of this rule does not need to be performed under the supervision of a licensed contractor. Experience completed after the effective date of this rule must be performed under the supervision of a licensed contractor who has authority to practice radon mitigation.

 

R156-55a-302e. Additional Requirements for Construction Trades Instructor Classifications.

In accordance with Subsection 58-55-302(1)(f), the following additional requirements for licensure are established:

(1) Any school that provides instruction to students by building houses for sale to the public is required to become a Utah licensed contractor with a B100 General Building Contractor or R100 Residential and Small Commercial Building Contractor classification or both.

(2) Any school that provides instruction to students by building houses for sale to the public is also required to be licensed in the appropriate instructor classification.

(a) Before being licensed in a construction trades instruction facility classification, the school shall submit the name of an individual person who acts as the qualifier in each of the construction trades instructor classifications in accordance with Section R156-55a-304. The applicant for licensure as a construction trades instructor shall:

(i) provide evidence that the qualifier has passed the required examinations established in Section R156-55a-302a; and

(ii) provide evidence that the qualifier meets the experience requirement established in Subsection R156-55a-302b([3]4).

(3) Each individual employed by a school licensed as a construction trades instruction facility and working with students on a job site shall meet any teacher certification, or other teacher requirements imposed by the school district or college, and be qualified to teach the construction trades instruction facility classification as determined by the qualifier.

 

R156-55a-302f. Pre-licensure Education - Standards.

(1) Qualifier Education Requirement. The [20]25-hour pre-licensure [education program]course required by Subsection 58-55-302(1)(e)(iii) shall be completed by the qualifier for a contractor applicant.

(a) Any approved 20-hour pre-licensure course completed by the applicant before November 30, 2017 shall be accepted by the Division as satisfaction of the 25-hour pre-licensure course requirement in Subsection 58-55-302(1)(e)(iii).

(2) Program Pre-Approval. A pre-licensure [education]course provider shall submit an application for approval as a n approved pre-licensure course provider on the form provided by the Division. The applicant shall demonstrate compliance with Section R156-55a-302f.

(3) Eligible Providers. The following may be approved to provide pre-licensure [education]courses:

(a) a nationally or regionally recognized accredited college or university having a physical campus located within the State of Utah; or

(b) a non-profit Utah construction trades association involved in the construction trades in the State of Utah:

(i) representing multiple construction [trade ]classifications;

(ii) with membership of:

(A) at least 250 contractors licensed in Utah; or

(B) less than 250 members, if the association is:

(I) competent, as determined by the Commission and the Director according to their sole discretion; and

(II) compliant with all other standards of this rule; and

(iii) having five years of experience providing education to contractors in Utah.

(4) Content. The [20]25-hour [program]course may include an exam at the end of the course for no additional fee, and shall include the following topics and hours of education relevant to the practice of the construction trades consistent with the laws and rules of this state:

(a) [ten]15 hours of financial responsibility instruction that includes the following:

(i) record keeping and financial statements;

(ii) payroll, including:

(A) payroll taxes;

(B) worker compensation insurance requirements;

(C) unemployment insurance requirements;

(D) professional employer organization (employee leasing) alternatives;

(E) prohibitions regarding paying employees on 1099 forms as independent contractors, unless licensed or exempted;

(F) employee benefits; and

(G) Fair Labor Standard Act;

(iii) cash flow;

(iv) insurance requirements including auto, liability, and health; and

(v) independent contractor licensure and exemption requirements;

(b) six hours of construction business practices that includes the following:

(i) estimating and bidding;

(ii) contracts;

(iii) project management;

(iv) subcontractors; and

(v) suppliers;

(c) two hours of regulatory requirements that includes the following:

(i) licensing laws;

(ii) Occupational Safety and Health Administration (OSHA);

(iii) Environmental Protection Agency (EPA); and

(iv) consumer protection laws; and

(d) two hours of mechanic lien fundamentals that include the State Construction Registry.

(5) Program Schedule.

(a) A n approved pre-licensure [education]course provider shall offer [programs]the 25-hour course:

(i) at least 12 times per year; and

(ii) comply with Subsection 58-55-102(7)(b).

(b) [The]An approved pre-licensure [education]course provider is not obligated to provide a course if the provider determines the enrollment is not sufficient to reach breakeven on cost.

(6) Program Instruction Requirements: The pre-licensure [education]course shall meet the following standards:

(a) Time. Each hour of pre-licensure [education]course credit shall consist of [60]50 minutes of education in the form of live lectures or training sessions. Time allowed for lunches or breaks may not be counted as part of the [education]course time for which [education]course credit is issued.

(b) Learning Objectives. The learning objectives of the pre-licensure [education]course shall be reasonably and clearly stated.

(c) Teaching Methods. The pre-licensure [education]course shall be presented in a competent and well organized manner consistent with the stated purpose and objective of the program. The student must demonstrate knowledge of the course material[and must be given a pass/fail grade].

(d) Faculty. The pre-licensure [education]course shall be prepared and presented by individuals who are qualified by education, training or experience.

(e) Distance Learning. Distance learning, internet courses, and home study courses are not allowed to meet pre-licensure [education]course requirements.

(f) Registration and Attendance. The provider shall have a competent method of registration and verification of attendance of individuals who complete the pre-licensure education.

(g) Education Curriculum and Study/Resource Guide. The provider shall be responsible to provide or develop pre-licensure [education]course curriculum and study/resource guide for the pre-licensure [education]course that must be pre-approved by the Commission and the Division prior to use by the provider.

(h) Live Broadcast. The pre-licensure education course may be taught by live broadcast if:

(i) the student and the instructor are able to see and hear each other; and

(ii) a representative of the provider is at any remote location to monitor registration and attendance at the course.

(7) Certificates of Completion. The pre-licensure [education]course provider shall provide individuals completing the pre-licensure [education]course a certificate that contains the following information:

(a) the date of the pre-licensure [education]course;

(b) the name of the pre-licensure [education]course provider;

(c) the attendee's name;

(d) verification of completion of the [20]25-hour requirement; and

(e) the signature of the pre-licensure [education]course provider.

(8) Reporting of Program Completion. A pre-licensure [education]course provider shall, within seven calendar days, submit directly to the Division verification of attendance and completion on behalf of persons attending and completing the program. This verification shall be submitted on forms provided by the Division.

(9) Program Monitoring. On a random basis, the Division or Commission may assign monitors at no charge to attend a pre-licensure [education ]course for the purpose of evaluating the [education]course and the instructor(s).

(10) Documentation Retention. Each provider shall for a period of four years maintain adequate documentation as proof of compliance with this section and shall, upon request, make such documentation available for review by the Division or the Commission. Documentation shall include:

(a) the dates of all pre-licensure [education ]courses that have been completed;

(b) registration and attendance logs of individuals who completed the pre-licensure [education]course;

(c) the name of instructors for each [education ]course provided as a part of the program; and

(d) pre-licensure [education]course handouts and materials.

(11) Disciplinary Proceedings. As provided in Section 58-1-401 and Subsection 58-55-302(1)(e)(iii), the Division may refuse to renew or may revoke, suspend, restrict, place on probation, issue a public reprimand to, or otherwise act upon the approval of any pre-licensure [education]course provider, if the pre-licensure [education]course provider fails to meet any of the requirements of this section or the provider has engaged in other unlawful or unprofessional conduct.

(12) Exemptions. In accordance with Subsection 58-55-302(1)(e)(iii), the following persons are not required to complete the pre-licensure [education]course program requirements:

(a) a person holding a four-year bachelor degree or a two-year associate degree in Construction Management from an accredited program;

(b) a person holding an active and unrestricted Utah professional engineer license who is applying for the E100 contractor license classification; or

(c) a person who:

(i) is a qualifier on an active and unrestricted contractor license;

(ii) became the qualifier on the license on or before October 9, 2014; and

(iii) is applying to:

(A) add additional contractor classifications to the license; or

(B) become a qualifier on a new entity that is applying for initial licensure.

 

R156-55a-303b. Continuing Education - Standards.

(1) Required Hours. Pursuant to Subsection 58-55-302.5, each licensee shall complete a total of six hours of continuing education during each two year license term. A minimum of three hours shall be core education. The remaining three hours are to be professional education. Additional core education hours beyond the required amount may be substituted for professional education hours. A minimum of three hours shall consist of live in-class attendance. The remaining three hours may consist of courses provided through distance learning.

(a) Regular attendance by a commission member on the Construction Services Commission shall satisfy the member's continuing education requirements under Section 58-55-302.5.

(b) For an HVAC contractor licensee, 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.

([a]c) "Core continuing education" is defined as construction codes, construction laws, job site safety, OSHA 10 or OSHA 30 safety training, governmental regulations pertaining to the construction trades and employee verification and payment practices, finance, bookkeeping, and construction business practices.

([b]d) "Professional continuing education" is defined as substantive subjects dealing with the practice of the construction trades, including land development, land use, planning and zoning, energy conservation, professional development, arbitration practices, estimating, marketing techniques, servicing clients, personal and property protection for the licensee and the licensee's clients and similar topics.

([c]e) The following course subject matter is not acceptable as core education or professional education hours: mechanical office and business skills, such as typing, speed reading, memory improvement and report writing; physical well-being or personal development, such as personal and business motivation, stress management, time management, dress for success, or similar subjects; presentations by a supplier or a supplier representative to promote a particular product or line of products; and meetings held in conjunction with the general business of the licensee or employer.

([d]f) The Division may defer or waive the continuing education requirements as provided in Section R156-1-308d.

(2) A continuing education course shall meet the following standards:

(a) Time. Each hour of continuing education course credit shall consist of 50 minutes of education in the form of seminars, lectures, conferences, training sessions or distance learning modules. The remaining ten minutes is to allow for breaks.

(b) Provider. The course provider shall be among those specified in Subsection 58-55-302.5(2).

(c) Content. The content of the course shall be relevant to the practice of the construction trades and consistent with the laws and rules of this state.

(d) Objectives. The learning objectives of the course shall be reasonably and clearly stated.

(e) Teaching Methods. The course shall be presented in a competent, well organized and sequential manner consistent with the stated purpose and objective of the program.

(f) Faculty. The course shall be prepared and presented by individuals who are qualified by education, training and experience.

(g) Distance learning. A course that is provided through Internet or home study may be recognized for continuing education if the course verifies registration and participation in the course by means of a test demonstrating that the participant has learned the material presented. Test questions shall be randomized for each participant. A home study course shall include no fewer than five variations of the final examination, distributed randomly to participants. Home study courses, including the five exam variations, shall be submitted in their entirety to the Division for review. Providers shall track the following:

(i) the amount of time each student has spent in the course;

(ii) what activities the student did or did not access; and

(iii) all of the student's test scores.

(h) Documentation. The course provider shall have a competent method of registration of individuals who actually completed the course, shall maintain records of attendance that are available for review by the Division and shall provide individuals completing the course a certificate that contains the following information:

(i) the date of the course;

(ii) the name of the course provider;

(iii) the name of the instructor;

(iv) the course title;

(v) the hours of continuing education credit and type of credit (core or professional);

(vi) the attendee's name; and

(v) the signature of the course provider.

(i) Live Broadcast. A course provided through live broadcast may be recognized for live in-class continuing education credit if the student and the instructor are able to see and hear each other.

(3) On a random basis, the Division may assign monitors at no charge to attend a course for the purpose of evaluating the course and the instructor.

(4) Each licensee shall maintain adequate documentation as proof of compliance with this section, such as certificates of completion, course handouts and materials. The licensee shall retain this proof for a period of three years from the end of the renewal period for which the continuing education is due. Each licensee shall assure that the course provider has submitted the verification of attendance to the continuing education registry on behalf of the licensee as specified in Subsection (8). Alternatively, the licensee may submit the course for approval and pay any course approval fees and attendance recording fees.

(5) Licensees who lecture in continuing education courses meeting these requirements shall receive two hours of continuing education for each hour spent lecturing. However, no lecturing or teaching credit is available for participation in a panel discussion.

(6) The continuing education requirement for electricians, plumbers and elevator mechanics as established in Subsections 58-55-302.7, if offered by a provider specified in Subsection 58-55-302.5(2), shall satisfy the continuing education requirement for contractors as established in Subsection 58-55-302.5 and implemented herein. The contractor licensee shall assure that the course provider has submitted the verification of the electrician's, plumber's or elevator mechanic's attendance on behalf of the licensee to the continuing education registry as specified in Subsection (8).

(7) A course provider shall submit continuing education courses to the continuing education registry and shall submit verification of attendance and completion on behalf of licensees attending and completing the program directly to the continuing education registry in the format required by the continuing education registry.

(8) The Division shall review continuing education courses which have been submitted through the continuing education registry and approve only those courses which meet the standards set forth under this Section.

(9) As provided in Section 58-1-401 and Subsections 58-55-302.5(2) and 58-55-302.7(4)(a), the Division may refuse to renew or may revoke, suspend, restrict, place on probation, issue a public reprimand to, or otherwise act upon the approval of any course or provider, if the course or provider fails to meet any of the requirements of this section or the provider has engaged in unlawful or unprofessional conduct.

(10) Continuing Education Registry.

(a) The Division shall designate an entity to act as the Continuing Education Registry under this rule.

(b) The Continuing Education Registry, in consultation with the Division and the Commission, shall:

(i) through its internet site electronically receive applications from continuing education course providers and shall submit the application for course approval to the Division for review and approval of only those programs that meet the standards set forth under this Section;

(ii) publish on their website listings of continuing education programs that have been approved by the Division, and which meet the standards for continuing education credit under this rule;

(iii) maintain accurate records of qualified continuing education approved;

(iv) maintain accurate records of verification of attendance and completion, by individual licensee, which the licensee may review for compliance with this rule; and

(v) make records of approved continuing education programs and attendance and completion available for audit by representatives of the Division.

(c) Fees. A continuing education registry may charge a reasonable fee to continuing education providers or licensees for services provided for review and approval of continuing education programs.

 

R156-55a-304. Contractor License Qualifiers.

(1) The capacity and material authority specified in Subsection 58-55-304(4) is clarified as follows:

(a) Except as allowed in Subsection (b), the qualifier must receive remuneration for work performed for the contractor licensee for not less than [10]12 hours of work per week;.

(i) If the qualifier is an owner of the business, the remuneration may be in the form of owner's profit distributions or dividends with a minimum ownership of 20 percent of the contractor licensee.

(ii) If the qualifier is an officer or manager of the contractor licensee, the remuneration must be in the form of W-2 wages.

(b) The [10]12 hour minimum in Subsection (a) may be reduced if the total of all hours worked by all owners and employees is less than 50 hours per week, in which case the minimum may not be less than 20 percent of the total hours of work performed by all owners and employees of the contractor.

(c) A qualifier may not act as the qualifier for more than three licensees at any one time, unless:

(i) the qualifier demonstrates by sufficient evidence satisfactory to the Commission and the Division that the qualifier exercises material authority over the businesses; and

(ii) written approval is granted by the Commission and the Division.

(2) Construction Trades Instruction Facility Qualifier. In accordance with Subsection 58-55-302(1)(f), the contractor license qualifier requirements in Section 58-55-304 shall also apply to construction trades instruction facilities.

 

R156-55a-306. Contractor Financial Responsibility - Division Audit.

In accordance with Subsections 58-55-302(10)(c), 58-55-306(5), 58-55-306(4)(b), and 58-55-102([19]20), the Division may consider various relevant factors in conducting a financial responsibility audit of an applicant, licensee, or any owner, including:

(1)(a) judgments, tax liens, collection actions, bankruptcy schedules and a history of late payments to creditors, including documentation showing the resolution of each of the above actions;

(b) financial statements and tax returns, including the ability to prepare or have prepared competent and current financial statements and tax returns;

(c) an acceptable current credit report that meets the following requirements:

(i) for individuals:

(A) a credit report from each of the three national reporting agencies, Trans Union, Experian, and Equifax; or

(B) a merged credit report of the agencies identified in Subsection (A) prepared by the National Association of Credit Managers (NACM); or

(ii) for entities, a business credit report such as an Experian Business Credit Report or a Dun and Bradstreet Report;

(d) an explanation of the reasons for any financial difficulties and how the financial difficulties were resolved;

(e) any of the factors listed in Subsection R156-1-302 that may relate to failure to maintain financial responsibility;

(f) each of the factors listed in this Subsection regarding the financial history of the owners of the applicant or licensee;

(g) any guaranty agreements provided for the applicant or licensee and any owners; and

(h) any history of prior entities owned or operated by the applicant, the licensee, or any owner that have failed to maintain financial responsibility.

 

R156-55a-312. Inactive License.

(1) The requirements for inactive licensure specified in Subsection R156-1-305(3) shall also include certification that the licensee will not engage in the construction trade(s) for which his license was issued while his license is on inactive status except to identify himself as an inactive licensee.

(2) A license on inactive status will not be required to meet the requirements of licensure in Subsections 58-55-302(1)(e)(i), 58-55-302(2)(a) and 58-55-302(2)(b).

(3) The requirements for reactivation of an inactive license specified in Subsection R156-1-305(6) shall also include:

(a) documentation that the licensee meets the requirements of Subsections 58-55-302(1)(e)(i), 58-55-302(2)(a) and 58-55-302(2)(b); and

(b) documentation that the licensee has taken and passed the business and law examination and the [trade]contractor classification examination , if required, for the contractor classification for which activation is sought except that the following exceptions shall apply to the reactivation examination requirement:

(i) No license shall be in an inactive status for more than six years.

(ii) Prior to a license being activated, a licensee shall meet the requirements of renewal.

 

R156-55a-503. Administrative Penalties.

(1) In accordance with Subsection 58-55-503, the following fine schedule shall apply to citations issued under Title 58, Chapter 55:

 

TABLE II

 
FINE SCHEDULE 
 
FIRST OFFENSE 
 
                    All Licenses Except        Electrical or 
Violation           Electrical or Plumbing     Plumbing 
58-55-308(2)             $  500.00                 N/A 
58-55-501(1)             $  500.00              $  500.00 
58-55-501(2)             $  500.00              $  800.00 
58-55-501(3)             $  800.00              $1,000.00 
58-55-501(9)             $  500.00              $  500.00 
58-55-501(10)            $  800.00              $1,000.00 
58-55-501(12)               N/A                 $  500.00 
58-55-501(14)            $  500.00                 N/A 
58-55-501(19)            $  500.00                 N/A 
58-55-501(21)            $  500.00              $  500.00 
58-55-501(22)            $  500.00                 N/A 
58-55-501(23)            $  500.00                 N/A 
58-55-501(24)            $  500.00                 N/A 
58-55-501(25)            $  500.00                 N/A 
58-55-501(26)            $  500.00                 N/A 
58-55-501(27)            $  500.00                 N/A 
58-55-501(28)            $  500.00                 N/A 
58-55-501(29)            $  500.00                 N/A 
58-55-504(2)             $  500.00                 N/A 
 
SECOND OFFENSE 
 
58-55-308(2)             $1,000.00                 N/A 
58-55-501(1)             $1,000.00              $1,500.00 
58-55-501(2)             $1,000.00              $1,500.00 
58-55-501(3)             $1,600.00              $2,000.00 
58-55-501(9)             $1,000.00              $1,000.00 
58-55-501(10)            $1,600.00              $2,000.00 
58-55-501(12)               N/A                 $1,000.00 
58-55-501(14)            $1,000.00                 N/A 
58-55-501(19)            $1,000.00                 N/A 
58-55-501(21)            $1,000.00              $1,000.00 
58-55-501(22)            $1,000.00                 N/A 
58-55-501(23)            $1,000.00                 N/A 
58-55-501(24)            $1,000.00                 N/A 
58-55-501(25)            $1,000.00                 N/A 
58-55-501(26)            $1,000.00                 N/A 
58-55-501(27)            $1,000.00                 N/A 
58-55-501(28)            $1,000.00                 N/A 
58-55-501(29)            $1,000.00                 N/A 
58-55-504(2)             $1,000.00                 N/A 
 
THIRD OFFENSE 
 
Double the amount for a second offense with a maximum amount not to exceed
 the maximum fine allowed under Subsection 58-55-503(4)(h).

 

(2) Citations shall not be issued for third offenses, except in extraordinary circumstances approved by the investigative supervisor.

(3) If multiple offenses are cited on the same citation, the fine shall be determined by evaluating the most serious offense.

(4) If multiple offenses are cited on separate citations, the fine shall be the maximum fine for each offense.

([4]5) An investigative supervisor may authorize a deviation from the fine schedule based upon the aggravating or mitigating circumstances.

([5]6) The presiding officer for a contested citation shall have the discretion, after a review of the aggravating and mitigating circumstances, to increase or decrease the fine amount imposed by an investigator based upon the evidence presented.

 

KEY: contractors, occupational licensing, licensing

Date of Enactment or Last Substantive Amendment: [ May 8, ]2017

Notice of Continuation: August 4, 2016

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55-102(39)(a)

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