No. 28293 (Amendment): R156-55a. Utah Construction Trades Licensing Act Rules

DAR File No.: 28293
Filed: 10/17/2005, 02:03
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and the Construction Services Commission are proposing amendments to the rule regarding examination failures and retaking an examination in Section R156-55a-302a and updating experience requirements in Section R156-55a-302b.

 

Summary of the rule or change:

In Section R156-55a-302a, currently an individual may take one examination after another until they pass the required examination to obtain a contractors license. Testing data that is overexposed can result in an ineffective testing process. There is a perception in the construction industry that multiple testing has allowed unqualified individuals to become licensed contractors. With the proposed amendments made in this section, a 30-day waiting period between the first three test failures is being imposed. After the first three failures, there is being imposed a six-month waiting period between each test. In Section R156-55a-302b, amendments are proposed in this section as the Construction Services Commission is of the opinion that due to the amount of time the existing rule has been in place, it needed to be amended for clarification purposes. However, the Commission is also of the opinion that the existing rule does provide adequate notice of what is required to qualify as a licensed contractor. Amendments being proposed under Subsection R156-55a-302b(1) is merely establishing by rule the current practice for determining work experience requirements. Amendments proposed in Subsection R156-55a-302b(2) with respect to E100 General Engineering, B100 General Building, and R100 Residential and Small Commercial Building license classifications provide that the work experience obtained shall be a minimum of four years experience as an employee of a contractor licensed in the license classification applied for, or the substantial equivalent of a contractor licensed in that license classification as determined by the Division. The Commission was concerned about the existing rule wording in this subsection. The existing rule allows a qualifier in a subclassification, by taking a written examination, to obtain licensure in the E100, B100, or R100 classifications. This has meant a general painting contractor, without any supervision or hands on experience, currently can obtain the required licensing to build a hydroelectric dam or an industrial, commercial, or residential structure.

 

State statutory or constitutional authorization for this rule:

Section 58-55-101, and Subsections 58-1-106(1)(a), 58-1-202(1)(a), 58-55-308(1), 58-55-102(35) and 58-55-501(21)

 

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $100 to reprint the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

 

local governments:

These proposed amendments do not apply to local governments as they are only applicable to persons applying for licensure as a contractor and local governments are exempt from contractor licensure requirements.

 

other persons:

There should be no known costs associated with the proposed amendments. However, contractors licensed in subclassifications who are unable to obtain licensure as either a E100, B100, or R100 classification may find the need to add one or more subclassifications to their existing license. Currently, the cost to add an additional subclassification to an existing contractor license is $110. The Division does not know how many contractors may be affected by this proposed amendment.

 

Compliance costs for affected persons:

There should be no known costs associated with the proposed amendments. However, contractors licensed in subclassifications who are unable to obtain licensure as either a E100, B100, or R100 classification may find the need to add one or more subclassifications to their existing license. Currently, the cost to add an additional subclassification to an existing contractor license is $110. The Division does not know how many contractors may be affected by this proposed amendment.

 

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

This rule filing establishes mandatory waiting periods for applicants who fail the contractor examination. The delay caused by these waiting periods could potentially cost applicants some money if their licensure is delayed, but any such costs are difficult to determine and are outweighed by the public interest in licensure of qualified contractors. This rule filing also includes technical amendments intended to update the rule and clarify existing procedures and standards. No fiscal impact to businesses is anticipated as a result of these technical amendments. Francine A. Giani, Executive Director

 

The full text of this rule may be inspected, during regular business hours, at the Division 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:

Dennis Meservy at the above address, by phone at 801-530-6375, 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:

12/15/2005

 

Interested persons may attend a public hearing regarding this rule:

11/30/2005 at 9:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 4A (fourth floor), Salt Lake CIty, UT

 

This rule may become effective on:

12/16/2005

 

Authorized by:

J. Craig Jackson, Director

 

 

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

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

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

(1) In accordance with Subsection 58-55-302(1)(c), an applicant for licensure as a contractor or a construction trades instructor shall pass the following examinations as a condition precedent to licensure as a contractor or a construction trades instructor:

(a) the Trade Classification Specific Examination; and

(b) the Utah Contractor Business - Law Examination.

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

(3) 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 [for each applicant or applicant's qualifier is ]established as follows:

(1) Requirements for all license classifications:

(a) All experience shall be directly supervised by the applicant's employer.

(b) All experience shall be directly related to the scope of practice set forth in Section R156-55a-301 of the classification the applicant is applying for, as determined by the Division.

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

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

(e) Except as described in paragraph (2)(c), 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.

([1]2) [An applicant for contractor classification]Requirements for E100 General Engineering, B100 General Building, R100 Residential and Small Commercial Building license classifications:

(a) In addition to the requirements of paragraph (1), an applicant for an R100, B100 or E100 license shall have within the past 10 years a minimum of four years [full-time related ]experience as an employee of a [licensed or exempt ]contractor licensed in the license classification applied for, or the substantial equivalent of a contractor licensed in that license classification as determined by the Division.[, two years of which shall be in a supervisory or managerial position under the direct supervision of a licensed or exempt E100, B100 or R100 contractor, or its substantial equivalent if from another state.]

(b) Two of the required four years of[ The supervisory] experience shall be in a supervisory or managerial position.[the classification for which application is being made, or its substantial equivalent, or have been a qualifier for a licensed contractor under any construction classification for a minimum of four years.]

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

([2]3) [An applicant for contractor classifications]Requirements for S280 General Roofing, S290 General Masonry, S320 Steel Erection, S350 Heating[,] Ventilating and Air Conditioning, S360 Refrigeration and S370 Fire Suppression Systems license classifications:

In addition to the requirements of paragraph (1), an applicant shall have within the past 10 years a minimum of four years of [full-time related ]experience as an employee of a [licensed or exempt ]contractor licensed in the license classification applied for, or the substantial equivalent of a contractor licensed in that license classification as determined by the Division.

(4) Requirements for I101 General Engineering Trades Instructor, I102 General Building Trades Instructor, I103 Electrical Trades Instructor, I104 Plumbing Trades Instructor, I105 Mechanical Trades Instructor license classifications:

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

([3]5) Requirements for other license classifications:

In addition to the requirements of paragraph (1), an[An] applicant for contractor license classification[s] not listed [in Subsections (1) and (2) ]above shall have within the past 10 years a minimum of two years of [full-time related ]experience as an employee of a contractor licensed in the license classification applied for, or the substantial equivalent of a contractor licensed in that license classification as determined by the Division[or exempt contractor.

(4) An applicant for construction trades instructor classifications shall have the same experience as required for the appropriate contractor, electrician, or plumber classification or classifications for the construction trade or trades they are instructing. Experience under a construction trades instructor classification is not qualifying experience for a contractors license].

 

KEY: contractors, occupational licensing, licensing

[July 18, ]2005

Notice of Continuation January 15, 2002

58-1-106(1)(a)

58-1-202(1)(a)

58-55-101

58-55-308(1)

58-55-102(35)

58-55-501(21)