R156-38a-102. Definitions

  In addition to the definitions in Title 38, Chapter 11, Residence Lien Restriction and Lien Recovery Fund Act; Title 58, Chapter 1, Division of Occupational and Professional Licensing Act; and Rule R156-1, General Rule of the Division of Occupational and Professional Licensing, which shall apply to this rule, as used in this rule:

  (1) "Affidavit", as required by Subsection 38-11-110(2)(a), means a form affidavit approved by the Division that establishes the following:

  (a) the applicant is an owner as defined in Subsection 38-11-102(17);

  (b) the residence is an owner-occupied residence as defined in Subsection 38-11-102(18);

  (c) the amount of the general contract as defined in Subsection 38-11-107(1)(b)(i)(B) and clarified in Subsection R156-38a-102(14);

  (d) the original contractor as defined in Subsection 38-11-102(16);

  (e) the location of the residence; and

  (f) any other information necessary to establish eligibility for the issuance of a certificate of compliance under Subsection 38-11-110(2)(a), as determined by the Division.

  (2) "Affidavit of Compliance" means the affidavit submitted by the owner seeking issuance of a certificate of compliance under Subsection 38-11-110(1)(a)(ii).

  (3) "Applicant" means either a claimant, as defined in Subsection (4), or a homeowner, as defined in Subsection (8), who submits an application for a certificate of compliance.

  (4) "Claimant" means a person who submits an application or claim for payment from the fund.

  (5) "Construction project", as used in Subsection 38-11-203(4), means all qualified services related to the written contract required by Subsection 38-11-204(4)(a).

  (6) "Contracting entity" means an original contractor, a factory built housing retailer, or a real estate developer that contracts with a homeowner.

  (7) "During the construction", as used in Subsection 38-11-204(1)(c)(ii), means beginning at the time the claimant first provides qualified services and throughout the time frame the claimant provides qualified services.

  (8) "Homeowner" means the owner of an owner-occupied residence.

  (9) "Licensed or exempt from licensure", as used in Subsection 38-11-204(4) means that, on the date the written contract was entered into, the contractor held a valid, active license issued by the Division pursuant to Title 58, Chapter 55 of the Utah Code in any classification or met any of the exemptions to licensure given in Title 58, Chapters 1 and 55.

  (10) "Necessary party" includes the Division, on behalf of the fund, and the applicant.

  (11) "Owner", as defined in Subsection 38-11-102(17), does not include any person or developer who builds residences that are offered for sale to the public.

  (12) "Permissive party" includes:

  (a) with respect to claims for payment: the nonpaying party, the homeowner, and any entity who may be required to reimburse the fund if a claimant's claim is paid from the fund;

  (b) with respect to an application for a certificate of compliance: the original contractor and any entity who has demanded from the homeowner payment for qualified services.

  (13) "Qualified services", as used in Subsection 38-11-102(20) do not include:

  (a) services provided by the claimant to cure a breach of the contract between the claimant and the nonpaying party; or

  (b) services provided by the claimant under a warranty or similar arrangement.

  (14) "Totals no more", as used in Subsection 38-11-107(1)(b)(ii)(A), means the inclusion of all changes or additions.

  (15) "Written contract", as used in Subsection 38-11-204(4)(a)(i), means one or more documents for the same construction project which collectively contain all of the following:

  (a) an offer or agreement conveyed for qualified services that will be performed in the future;

  (b) an acceptance of the offer or agreement conveyed prior to the commencement of any qualified services; and

  (c) identification of the residence, the parties to the agreement, the qualified services that are to be performed, and an amount to be paid for the qualified services that will be performed.