Summary


In Section R156-55a-102, these technical changes simplify the applicable cross-references to certain acronyms. In Section R156-55a-103, these changes clarify the other profession-specific statute from which rule authority is derived. In Section R156-55a-301, technical and grammatical changes to the classification scope of practices are made including elimination of superfluous language, clarifying scope of practice, and correction of cross-references. Substantive changes are as follows: B100 General Building Contractor classification scope of practice has been clarified that it includes the scope of practice of every specialty contractor except for E202 and S354. R101 Residential and Small Commercial Non Structural Remodeling and Repair classification is clarified to reflect that the $50,000 total cost includes labor and materials. E202 Solar Photovoltaic scope of practice is modified eliminating the distinction between E202 Solar Photovoltaic Contractors, who obtained that classification between January 1, 2009 and April 25, 2011, and treats those similar to other E202 classification holders. P200 General Plumbing Contractor classification scope of practice is clarified to reflect that the scope includes from the building to the main water, sewer, or gas line. S220 Carpentry Contractor classification is clarified to include metal and metal products. S230 Siding Contractor, which already includes the S231 Rain Gutter classification, is clarified to include rain gutters, roof flashing, gravel stops, and metal ridges. S240 Glass and Glazing Contractor classification scope of practice is clarified to eliminate mirrors within the scope of practice as that is exempt, and clarify that glass substitutes are included. S260 General Concrete Contractor classification scope of practice is clarified to include injecting, spraying, resurfacing, and sealing of concrete, grouting, coatings, and sealants. S280 General Roofing Contractor classification scope of practice is clarified to include non-electrical skylights and electrical skylights provided that the electrical connection is performed by a licensed electrical contractor. S330 Landscaping Contractor classification scope of practice is clarified to include closed culinary systems or closed-loop systems provided a backflow preventer is installed by licensed plumber; and expands the scope of practice to include decks and incidental concrete work. S380 Swimming Pool and Spa Contractor classification scope of practice is clarified to reflect that it does not include plumbing or electrical work but that the S380 contractor may subcontract for the plumbing and electrical for their projects; and that their scope of practice includes closed culinary systems or closed-loop systems provided a backflow preventer is installed by licensed plumber. S460 Wrecking and Demolition Contractor classification scope of practice is clarified to include matters appurtenant or incidental to any building or structure. S490 Wood Flooring Contractor classification is renamed to Flooring Contractor and is expanded to include laminate, tile, and wood product flooring. S700 Specialty License Contractor is renamed to Limited Scope License classification and is clarified to require an explanation from the applicant why the requested scope of practice is not included in any other current classification or not otherwise exempt. Subsection (3)(a) is clarified that specialty contractors are confined to the field and scope of work as outlined by the Division of Occupational and Professional Licensing (Division). Subsection (b) is clarified to reflect that a specialty contractor may subcontract with a specialty contractor that holds the same classification. Subsection (4)(a) is clarified to reflect that an R101 Residential and Small Commercial Non-Structural Remodeling and Repair contractor may not have any other specialty classifications. Subsection (6) is clarified to reflect that a licensee with a primary classification may subcontract with a licensee with an included subclassification. Subsection (7) is clarified to reflect that low voltage electrical is 49 volts or less; and that a utility shed or gazebo that is not attached to a residential or commercial building or a foundation is exempt from licensure; Subsection (7) is also clarified to expand the exemptions from licensure: to include installation or removal of weather-stripping that does not include moisture vapor barriers; installation and removal of mirrors; installation of awnings and canopies; pallet racking or metal shelving; and seismic strapping. Amendments made in Section R156-55a-302a clarifies that the National Association of State Contractors Licensing Agencies (NASCLA) Contractor Exam, which was already approved by the Construction Services Commission as substantially equivalent to the Utah exam, satisfies the exam requirement for the B100 or R100. The amendments made in Section R156-55a-302b eliminate the 10-year look-back period from which the two years of experience must be obtained. These changes also clarify that qualifying experience does not include exempt or unlicensed activities, is not qualifying if the person is incarcerated, and that qualifying experience includes military experience regardless of licensure. In Section R156-55a-302c, grammatical changes clarify that instructors in electrical and plumbing trades facilities must have master or residential licensure. In Section R156-55a-302d, these changes clarify that the liability insurance must be in effect for the entire duration of active licensure, and eliminate the requirement to list the Division as the certificate holder. Changes in Section R156-55a-303a require all contractors to renew their license online unless permitted otherwise by the Division in writing. In Section R156-55a-303b, grammatical, non-substantive changes are made for correctness, readability, and comprehension. Changes in Section R156-55a-304 clarify that qualifiers are subject to limitations on the number of classifications that they may hold. Grammatical, non-substantive changes are made in Section R156-55a-305 for correctness, readability, and comprehension. In Section R156-55a-305a, these changes correct a statutory cross-reference. Technical changes in Section R156-55a-306 clarify that the financial responsibility of the qualifier is included along with the owner, licensee, and applicant; and also clarifies that the tri-merged credit report is not solely required from the National Association of Credit Management (NACM). In Section R156-55a-308a, grammatical, non-substantive changes are made for correctness, readability, and comprehension. In Section R156-55a-308b(2), changes clarify and add that the Rocky Mountain Gas Association and the Home Builders Association of Utah are additional approved education providers for the Natural Gas Technician training. The other changes are grammatical, non-substantive changes for correctness, readability, and comprehension and correct cross-references. Section R156-55a-309 is deleted as it is unnecessary. Grammatical, non-substantive changes are made in Section R156-55a-311 for correctness, readability, and comprehension. In Section R156-55a-312, changes remove the six-year time limit on inactive status, and other grammatical, non-substantive changes are made for correctness, readability, and comprehension. Section R156-55a-401 is deleted as this section is unnecessary. Unprofessional Conduct, in Section R156-55a-501, is expanded to include: failing to notify the Division within 10 days of any change of the name, address, phone number or email address of the qualifiers or owners; within 30 days of a request, failing to provide documents to the Division or a person that has reasonable basis to make a claim with proof of the licensee?s insurance policy and information; failing to provide license number when requested; failing within 30 days after requested by the Division to provide documents requested to determine compliance with any section under Title 58, Chapter 1 and Chapter 55; failure of electrical or plumbing contractors to timely and accurately certify the hours of work experience for employees; failure of a contractor to timely and accurately verify work experience for a contractor application requested by a current or former employee; failure of qualifier, owner, applicant, or licensee to be knowledgeable of the laws and rules of their profession; licensees failing to carry a copy of their current license or license number while performing work; failure of owner, qualifier, or licensee who advises a person or applicant concerning an exam, unless the person is an instructor at a certain institution and is disclosed and approved by the Commission; using, hiring, or contracting with a professional employer organization that is not licensed with the Utah Insurance Department. Changes in Section R156-55a-504 eliminate superfluous language and are non-substantive. In Section R156-55a-602 technical changes clarify that the financial responsibility of the qualifier is included for bond requirements.