Commerce - Occupational and Professional Licensing - Utah Construction Trades Licensing Act Rule (United States)

Commerce - Occupational and Professional Licensing - Utah Construction Trades Licensing Act Rule

Published: 2020-09-22

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R156. Commerce, Occupational and Professional Licensing.

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

R156-55a-101. Title.

This rule shall be known as the "Utah Construction Trades Licensing Act Rule".

R156-55a-102. Definitions.

In addition to the definitions in Title 58, Chapter 1, Division of Occupational and Professional Licensing Act, and Chapter 55, Utah Construction Trades Licensing Act, as defined or used in this rule:

(1) "Construction trades instructor", as used in Subsection 58-55-301(2)(t) means the education facility that is issued the license under Subsection R156-55a-302e. It does not mean individuals employed by the facility who may teach classes.

(2) "Construction trades instruction facility" means the facility that is granted the license as specified in Subsection 58-55-301(2)(t) and R156-55a-302e.

(3) "Employee", as used in Subsections 58-55-102(13) and 58-55-102(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(45), means work that:

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

(b) arises from, and is directly related to, work performed in the licensed specialty classification;

(d) does not include performance of any electrical or plumbing work.

(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 or structural components.

(6) "Mechanical", as used in Subsections 58-55-102(22) and 58-55-102(35), means the work that may be performed by a contractor under Subsection R156-55a-301(2)(s).

(7) "NASCLA" means the National Association of State Contractors Licensing Agencies.

(8) "Personal property" means, as it relates to Title 58, Chapter 56, Building Inspector and Factory Built Housing Licensing Act, a structure that is titled by the Motor Vehicles Division, state of Utah, and taxed as personal property.

(9) "Qualifier", as used in Title 58, Chapter 55, Utah Construction Trades Licensing Act, and this rule, means the individual who demonstrates competence for a contractor license by satisfying the requirements to obtain the contractor license.

(10) "RMGA" means the Rocky Mountain Gas Association.

(11) "School" means a school district, technical college, or accredited college.

R156-55a-103. Authority.

This rule is adopted by the Division under the authority of Subsections 58-1-106(1)(a) and 58-55-103(1)(b)(i) to enable the Division to administer Title 58, Chapter 55.

R156-55a-104. Organization - Relationship to Rule R156-1.

The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-107.

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 contractor classifications listed are those determined to significantly impact the public health, safety, and welfare. A person engaged in work included in Subsections R156-55a-301(7) and (8) 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:

(a) E100 - General Engineering Contractor. A contractor licensed to perform work under this Subsection (2)(a) as defined in Subsection 58-55-102(24). The scope of practice of a contractor under this Subsection (2)(a) includes the scope of practice of a contractor under Subsection (2)(b).

(b) B100 - General Building Contractor. A contractor licensed to perform work under this Subsection (2)(b) as defined in Subsection 58-55-102(22). The scope of practice of a contractor under this Subsection (2)(b) includes the scope of practice of every specialty contractor in Subsection R156-55a-301(2) and includes the scope of practice under Subsection (2)(a).

(c) B200 - Modular Unit Installation Contractor. A contractor under this Subsection (2)(c) may set up or install a modular unit as defined in Subsection 15A-1-302(8) and constructed in accordance with Section 15A-1-304. A contractor's scope of practice under this Subsection (2)(c):

(i) 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; and

(ii) excludes installation of factory built housing and connection of required utilities.

(d) R100 - Residential and Small Commercial Contractor. A contractor under this Subsection (2)(d) is licensed to perform work as defined in Subsection 58-55-102(35).

(e) R101 - Residential and Small Commercial Non Structural Remodeling and Repair. A contractor under this Subsection (2)(e) includes remodeling and repairing any existing structure built for support, shelter, and enclosure of persons, animals, chattels, or movable property of any kind, with the restriction that:

(i) no change is made to the bearing portions of the existing structure, including footings, foundation, and weight bearing walls; and

(ii) the entire project is less than $50,000 in total cost, including materials and labor.

(f) R200 - Factory Built Housing Contractor. A contractor under this Subsection (2)(f) may disconnect, setup, install, or remove manufactured housing on a temporary or permanent basis.

(i) A contractor's scope of practice under this Subsection (2)(f) includes:

(A) placing the manufactured housing on a permanent or temporary foundation;

(B) securing the units together if required;

(D) connecting the utilities from the near proximity, such as a meter, to the manufactured housing unit; and

(E) construction of foundations of less than four feet six inches in height;

(ii) A contractor's scope of practice under this Subsection (2)(f) excludes:

(A) preparation or finishing;

(B) excavation of the ground in the area where a foundation is to be constructed, back filling, and grading around the foundation;

(D) 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.

(g) E200 - General Electrical Contractor. A contractor under this Subsection (2)(g) is licensed to perform work as defined in Subsection 58-55-102(23).

(h) E201 - Residential Electrical Contractor. A contractor under this Subsection (2)(h) is licensed to perform work as defined in Subsection 58-55-102(37).

(i) S202 - Solar Photovoltaic Contractor. A contractor's scope of practice under this Subsection (2)(i) includes fabrication, construction, installation, and replacement of photovoltaic modules and related components, subject to the following:

(i) wiring, connections, and wire methods as governed in the National Electrical Code and Subsection R156-55b-102(1) shall only be performed by a contractor under Subsection (2)(g) or a contractor under Subsection (2)(h); and

(ii) a contractor under Subsection (2)(i) may subcontract or hire a contractor under Subsection (2)(g) or a contractor under Subsection (2)(h).

(j) P200 - General Plumbing Contractor. A contractor licensed to perform work as defined in Subsection 58-55-102(25). A contractor's scope of practice under this Subsection (2)(j) includes the furnishing of materials, fixtures, and labor to extend service from a building out to the main water, sewer, or gas pipeline.

(k) P201 - Residential Plumbing Contractor. A contractor under this Subsection (2)(k) is licensed to perform work as defined in Subsection 58-55-102(42).

(l) S220 - Carpentry and Flooring Contractor. A contractor's scope of practice under this Subsection (2)(l) includes construction, fabrication, installation, placing, tying, welding, or repair using:

(i) wood, wood products, metal, aluminum, metal products, metal studs, vinyl materials, plastic, rubber, fiberglass, polyethylene, thermoplastic polymers, countertops, cabinets, millwork, garage doors, doors, trim, tub liners, wall systems, partitions, or other wood, plastic, rubber, or metal composite or any composite that is by custom and usage accepted in the building industry as carpentry for structural, non-structural, and finish purposes;

(ii) metal or steel structures and sheet metal, including metal cornices, marquees, metal soffits, flashings, skylights, and skydomes;

(iii) metal structural studs and bearing walls, reinforcing bars, erecting shapes, plates of any profile, perimeter cross-section that are used in structures, including riveting, welding, and rigging;

(iv) incidental concrete work and footings, grading, and surface preparation related to the scope of work of a contractor under Subsection (2)(l);

(v) laminate, tile, cement, wood, synthetic wood, or similar flooring product, including prefinished and unfinished material, sanding, staining and finishing of new and existing flooring, the underlayment, and subfloors; and

(vi) mechanical insulation of pipes, ducts, or conduits.

(m) S230 - Masonry, Siding, Stucco, Glass, and Rain Gutter Contractor. A contractor's scope of practice under this Subsection (2)(m) includes construction, fabrication, and installation of:

(i) siding, stucco, stucco to lathe, plaster, glass, glass substitutes, glass-holding members, rain gutters, drains, roof flashings, gravel stops, and metal ridges;

(ii) natural or synthetic stone, onyx, ceramic, granite, onice, corian, brick, block, forms, brick substitutes, clay, concrete blocks, terra-cotta, marble, tile, gypsum tile, glass block, clay tile, copings, plastic refractories, and castables; and

(iii) shower pans.

(n) S260 - Asphalt and Concrete Contractor. A contractor's scope of practice under this Subsection (2)(n) includes fabrication, construction, mixing, batching, injecting, spraying, resurfacing, sealing, and installation of asphalt, asphalt overlay, chip seal, fog seal, slurry seal, concrete, gunnite, grouting, coatings, sealant, and related concrete products along with the placing and setting of screeds for pavement for flatwork, the construction of forms, shoring material, placing and erection of bars for

reinforcing and application of plaster and other cement-related products. A contractor's scope of practice under this Subsection (2)(n) also includes:

(i) excavation, grading, compacting, and laying of fill or other related base;

(ii) painting or coating the surfaces, including striping, directional, and other types of symbols or letters; and

(iii) fabrication, construction, and installation of forms and shoring material.

(o) S270 - Drywall, Paint, and Plastering Contractor. A contractor's scope of practice under this Subsection (2)(o) includes construction, installation, fabrication, and application of:

(i) drywall, gypsum, wallboard panels and assemblies, lightweight metal and non-bearing wall partitions, ceiling tile and panels, and the grid system required for placement;

(ii) insulating media in buildings and structures for temperature control, sound control, fireproofing, mechanical insulation of pipes, ducts, or conduits;

(iii) stucco, stucco to lathe, plaster, and other surfaces; and

(iv) paints, varnishes, shellacs, stains, waxes and other coatings or pigments.

(p) S280 - Roofing Contractor. A contractor's scope of practice under this Subsection (2)(p) includes:

(i) application and installation of asphalt, pitch, tar, felt, flax, shakes, shingles, roof tile, slate, and any other material or materials, or any combination of these materials that use and custom has established as usable for, or that are now used as, water-proof, weatherproof, or watertight seal or membranes for roofs and surfaces;

(ii) any material attached to the roof;

(iii) roof conversion;

(iv) installation of non-electrical skylights;

(v) installation of electrical skylights, if the electrical connection is performed by a contractor under Subsection (2)(g) or (2)(h);

(vi) installation of any insulating media in buildings and structures for the sole purpose of temperature control, sound control, fireproofing, and mechanical insulation of pipes, ducts, or conduits; and

(vii) incidental work including the installation of a roof clamp ring to the roof drain.

(q) S310 - Foundation, Excavation, and Demolition Contractor. A contractor's scope of practice under this Subsection (2)(q) includes:

(i) moving of the earth's surface and rock 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, smashing, crushing, or combination thereof as they are generally practiced in the construction trade;

(ii) 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; and

(iii) raising, cribbing, underpinning, moving, and removal of a building, structure, or matter appurtenant or incidental to any building or structure.

(r) S330 - Landscape and Recreation Contractor. A contractor's scope of practice under this Subsection (2)(r) includes the following:

(i) The grading and preparing of land for architectural, horticultural, or decorative treatment.

(ii) The arrangement, and planting of gardens, lawns, shrubs, vines, bushes, trees, or other decorative vegetation.

(iii) construction, fabrication, and installation of:

(A) swimming pools, prefabricated pools, spas, decorative pools, tanks, fountains, sprinkler systems, and water distribution systems for artificial watering or irrigation, for systems that are not connected to the culinary water system, or that are connected to the culinary water system but separated from the culinary water system by a backflow prevention device, the contractor may connect the system to the backflow prevention device;

(B) metal fireboxes, fireplaces, and wood or coal-burning stoves, including the installation of venting and exhaust systems if the individual performing the installation is RMGA-certified;

(C) retaining walls except retaining walls that 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;

(D) pergolas, patios, patio areas, and decking, including the deck structure and substructure;

(E) hothouses, greenhouses, walks, and garden lighting of class two or class three power-limited circuits as defined in the National Electrical Code;

(F) flag poles, fences, guardrails, handrails, and barriers;

(G) sports and athletic courts, ranges, and fields including football fields, tennis courts, racquetball courts, handball courts, basketball courts, bowling alleys, shooting ranges, running tracks, playgrounds, playground equipment, rock climbing walls, or any similar court, field, surface, or related components; this includes poles, standards, surface painting or coatings, floors, floor subsurface, wall surface, perimeter walls, perimeter fencing, scoreboards, or other equipment; and

(H) incidental concrete, excavation, or asphalt work related to the scope of practice under Subsection (2)(r).

(iv) A contractor's scope of practice under Subsection (2)(r) does not include any electrical or plumbing trade work. A contractor under Subsection (2)(r) may hire or subcontract with a contractor licensed under Subsections (2)(g) or (2)(h) or (2)(j) or (2)(k) for their projects.

(v) A contractor's scope of practice under Subsection (2)(r) does not include any natural gas-related work. A contractor under Subsection (2)(r) may hire or subcontract with an RMGA-certified licensed contractor for any natural gas-related work for their projects.

(vi) A contractor's scope of practice under Subsection (2)(r) includes the installation of a backflow preventer device if during each renewal period after initial licensure, the licensee completes at least two of their six continuing education hours pursuant to Section R156-55a-303b in continuing education related to backflow installation.

(s) S350 - HVAC Contractor. A contractor's scope of practice under this Subsection (2)(s) includes the following:

(i) The fabrication and installation of complete warm air heating, air conditioning and ventilating systems.(ii) The installation of refrigeration equipment, including built-in refrigerators, refrigerated rooms, insulated refrigerated spaces and other related equipment.

(iii) A contractor under Subsection (2)(s) shall hire or subcontract with an RMGA-certified licensed contractor for any gas-related work.

(iv) A contractor's scope of practice under Subsection (2)(s) does not include electrical or plumbing trade work. A contractor under Subsection (2)(s) may hire or subcontract with a contractor licensed under Subsections (2)(g) or (2)(h) for their projects.

(t) S354 - Radon Mitigation Contractor. A contractor's scope of practice under this Subsection (2)(t) includes the layout, fabrication, and installation of a radon mitigation system. A contractor's scope of practice under this Subsection (2)(t) does not include:

(i) work on heat recovery ventilation or makeup air components that must be performed by a contractor under Subsection (2)(s); or

(ii) electrical trade work that must be performed by a contractor licensed under Subsections (2)(g) or (2)(h).

(u) S370 - Fire Suppression Systems Contractor. A contractor's scope of practice under this Subsection (2)(u) includes the layout, fabrication, and installation of fire protection systems using water, steam, gas, or chemicals. If a potable sanitary water supply system is used as the source of supply, connection to the water system shall be accomplished by a contractor under Subsections (2)(j) or (2)(k). The scope of practice does not include installation of fire suppression systems in hoods above cooking appliances.

(v) S410 - Boiler, Pipeline, Waste Water, and Water Conditioner Contractor.A contractor's scope of practice under this Subsection (2)(v) includes the following:

(i) The fabrication, construction, and installation of:

(A) pipes, conduit, or cables for the conveyance and transmission from one station to another of such products as water, steam, gases except for natural gas which requires an RMGA certificate holder to conduct the work, chemicals, slurries, other substances, data or communications, geo-thermal systems, or solar thermal systems up to where the system interfaces with any other plumbing system;

(B) installation of above and below ground storage tanks, piping, dispensing equipment, monitoring equipment, and associated temperature-control or other equipment for any petroleum, petro-chemical, water, steam, chemicals, slurries, oil, gases except for natural gas which requires an RMGA certificate holder to conduct the work, or other substances;

(D) excavation, cabling, horizontal boring, grading, trenching, and backfilling necessary for construction of any work related to the scope of practice under Subsection (2)(v);

(E) fire-tube and water-tube power boilers and hot water heating boilers, including fittings and piping, valves, gauges, pumps, radiators, converters, fuel oil tanks, fuel lines, chimney flues, heat insulation and other devices, apparatus, and equipment related thereto, in a system not connected to the culinary water system, or connected to the culinary water system but separated from the culinary water system by a backflow prevention device;

(F) 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;

(G) sewer, sewer lines, sewage disposal, septic tank, and drainage including excavation and grading with respect thereto, and the construction of sewage disposal plants and appurtenances thereto; and

(H) incidental excavation, backfill, concrete or asphalt work related to the scope of practice under Subsection (2)(v).

(ii) A contractor under Subsection (2)(v) shall hire or subcontract with an RMGA-certified licensed contractor for any natural gas-related work.

(iii) The installation of a backflow preventer device if during each renewal period after initial licensure, the licensee completes at least two of their six continuing education hours pursuant to Section R156-55a-303b in continuing education directly related to backflow installation.

(w) S440 - Sign Installation Contractor. A contractor's scope of practice under this Subsection (2)(w) includes installation of electrical or non-electrical signs and graphic displays that require installation permits or permission as issued by state or local governmental jurisdictions, subject to the following:

(i) "Signs and graphic displays" means any type of sign, including both lighted and unlighted, a permanent highway marker sign, an illuminated awning, an electronic message center, a sculpture or a graphic representation including a logo and trademark intended to identify or advertise the user or product, building trim or lighting with neon or decorative fixtures, and any other animated, moving or stationary device used for advertising or identification purposes.

(ii) "Non-electrical signs and graphics displays" means an outdoor sign that does not have electrical lighting or other electrical requirements, and that are fabricated, installed, and erected in accordance with professionally engineered specifications.

(iii) Signs and graphic displays shall be fabricated, installed and erected in accordance with professionally engineered specifications and wiring in accordance with the National Electrical Code.

(iv) The scope of practice under Subsection (2)(w) does not include electrical trade work. A contractor under this Subsection (2)(w) may hire or subcontract with a contractor licensed under Subsection (2)(g) for their projects.

(x) S510 - Elevator Contractor. A contractor's scope of practice under this Subsection (2)(x) includes erecting, constructing, installing, altering, servicing, repairing or maintaining an elevator.

(y) S700 - Limited Scope License Contractor. A contractor's limited scope license under this Subsection (2)(y) is a license that confines the scope of the allowable contracting work to a specialized area of construction.

(i) The Division may grant a license under Subsection (2)(y) on a case-by-case basis.

(ii) When applying for a license under Subsection (2)(y), an applicant shall submit to the Division the following:

(A) a detailed statement of the type and scope of contracting work that the applicant proposes to perform and an explanation why the scope of practice is not included in any other current classification; and

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

(3)(a) A specialty license contractor, as defined in Subsection 58-55-102(45), shall be confined to the field and scope of work as outlined by the Division.

(b) A specialty license contractor may hire or subcontract with a specialty license contractor that holds the same classification as the hiring contractor.

(4)(a) A licensee may hold up to three specialty license classifications, in addition to any general contractor classifications, except that a contractor under Subsection (2)(e) may not have any other specialty classifications.

(b) A licensee may change classifications at any time by surrendering a classification, and by applying for any classification 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 Subsection (4)(a).

(5) Effective July 22, 2019:

(a) A contractor license that has the following contractor classification shall be converted to the corresponding classification in Table 1:

TABLE 1

Current Classification Converted To

P202 S410

P204 S410

P205 S410

P206 S410

P207 S410

P203 S330

E202 S202

S221, S222 S220

S231 S230

S240 S230

S250 S270

S261, S262, S263 S260

S272, S273 S270

S290, S291, S292, S293, S294 S230

S300 S270

S320, S321, S322, S323 S220

S340 S220

S351, S352, S353 S350

S360 S350

S380 S330

S390 S410

S400 S260

S420, S421 S330

S430 S330

S441 S440

S450 S410

S460 S310

S470 S410

S480 S310

S490 S220

S491 S220

S500 S330

S600 S230

I101 E100

I102 B100

I103 E200

I104 P200

I105 S350

(6) A contractor's scope of practice for the following primary classifications includes the scope of practice stated in the descriptions for the following subsclassifications and a licensee with the following primary classification may hire or subcontract with a licensee with an included subclassification:

TABLE 2

Primary Classification Included subclassifications

B100 B200, R200

E200 E201, S202

P200 P201

S350 S354

S420 S421

S440 S441

S490 S491

(7) 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;

(d) installation of a satellite dish or communication device on or within a building, including for phone, internet, or television;

(e) installation of class two or class three power-limited circuits as defined in the National Electrical Code;

(f) construction of utility sheds, gazebos, or other similar items that are personal property and not attached to:

(i) a residential or commercial building; or

(ii) a foundation;

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

(h) central vacuum systems installation;

(i) concrete cutting;

(j) interior decorating;

(k) wall paper hanging;

(l) installation of drapery, blinds, shutters, or other window coverings;

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

(n) chimney sweepers other than repairing masonry;

(o) carpet, vinyl sheet tile, or vinyl plank floor installation;

(p) artificial turf installation;

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

(r) installation or removal of weather-stripping but does not include moisture vapor barriers;

(s) fabrication, installation, or removal of mirrors;

(t) construction, installation, or removal of awnings and canopies, including attached or detached;

(u) pallet racking, conveyors, conveyor belts, conveyor systems, or metal shelving, whether attached or detached to the structure, excluding plumbing and electrical trade work;

(v) seismic strapping for pipes, appliances, and water heaters;

(w) dustless blasting;

(x) lock-smithing, including installation or repair of door locks, door access controls, or other door or cabinetry hardware;

(y) yurt or membrane-covered frame structures as defined in Section 15A-1-204;

(z) installation of art and artwork, including sculpture, that is not part of the structural components or a building or structure;

(aa) installation of standalone solar systems that do not tie into premises wiring or into the electrical utility; and

(bb) lawn aeration, fertilizing, power raking, and dethatching.

(8) The following activities are 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

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

(1) In accordance with Subsection 58-55-302(1)(c), no examination is required for the qualifier of an applicant for licensure as a contractor except for the Utah Contractor Business and Law Examination for the classifications listed in Subsection 58-55-302(1)(c)(ii).

(2) An applicant 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.

(1) "Experience in the construction industry" as defined in Subsection 58-55-302(1)(e)(ii) is more broad in scope than the definition of "construction trades", and includes experience obtained:

(a) in the construction industry regardless if paid as a W-2, or as an owner, and regardless of whether licensed or exempt;

(b) while performing construction activities in the military or for a railroad corporation; or

(2)(a) "Two years full-time paid employment", as defined in Subsection 58-55-302(1)(e)(ii)(A), shall be a total of 4,000 hours paid employment.

(b) The following shall satisfy the experience requirement in Subsection 58-55-302(1)(e)(ii)(A):

(i) a passing score on the NASCLA Accredited Examination for Commercial General Building Contractors;

(ii) a four-year bachelor's degree or a two-year associate's degree in Construction Management; or

(iii) a Utah professional engineer license.

R156-55a-302d. Qualifications for Licensure - Proof of Insurance and Registrations.

In accordance with Subsection 58-55-302(2)(b), an applicant for licensure shall submit proof of liability insurance by means of a certificate of insurance naming the Division as a certificate holder, that:

(1) provides coverage for the scope of work performed;

(2) is in force for the entire duration of active licensure; and

(3) coverage amounts of at least $100,000 for each incident and $300,000 in total.

R156-55a-302e. Requirements for Construction Trades Instructors, Schools and Colleges.

In accordance with Subsection 58-55-302(1)(f), a school that provides instruction to students by engaging in the construction trade for the public as part of the instruction shall be a Utah licensed contractor with classification in the scope of practice in which the students are being instructed.

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

(1) The 25-hour pre-licensure course required by Subsection 58-55-302(1)(e)(iii) and the five-hour pre-licensure course required by Subsection 58-55-302(1)(e)(iv) shall be completed by the qualifier for a contractor license applicant.

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

(b) Any approved 25-hour pre-license course completed by the qualifier before July 1, 2019 shall be accepted by the Division as satisfaction of the 25-hour and five-hour pre-license course requirements in Subsection 58-55-302(1)(e)(iii) and (iv).

(2) The 25-hour course may include a provider-administered 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) 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;

(D) professional employer organization 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;

(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.

(3) The five-hour course shall include five hours of education on the topics covered in the Utah Contractor Business and Law examination. The five-hour course may include a provider-administered exam at the end of the course for no additional fee.

(4) An approved pre-licensure course provider shall offer the 25-hour and five-hour course:

(a) at least 12 times per year;

(b) shall comply with Subsection 58-55-102(7)(b); and

(5) The pre-licensure course shall meet the following standards:

(a) Each hour of pre-licensure course credit shall consist of 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 course time for which course credit is issued.

(b) The learning objectives of the pre-licensure course shall be reasonably and clearly stated.

(c) The pre-licensure course shall be presented in a competent and well-organized manner consistent with the stated purpose and objective of the program. The student shall demonstrate knowledge of the course material.

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

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

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

(g) The provider shall provide or develop a pre-licensure course curriculum and study guide for the pre-licensure course, and have them pre-approved by the Commission and the Division prior to use.

(h) 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.

(6) The pre-licensure course provider shall provide individuals completing the pre-licensure course a certificate that contains the following information:

(a) the date of the pre-licensure course;

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

(d) verification of completion; and

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

(7) A pre-licensure 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 approved by the Division.

(8) On a random basis, the Division or Commission may assign monitors at no charge to attend a pre-licensure course for the purpose of evaluating the course and the instructor.

(9) 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 pre-licensure courses that have been completed;

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

(d) pre-licensure course handouts and materials.

(10) In accordance with Subsections 58-55-302(1)(e)(iii) and (iv), the following persons are not required to complete the pre-licensure 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;

(c) a person who is or has been a qualifier on an active and unrestricted Utah contractor license within the past five years; and

(d) a person who qualifies for licensure by endorsement as a contractor pursuant to Section 58-1-302.

R156-55a-303a. Renewal Cycle - Procedures.

(1) In accordance with Subsection 58-1-308(1), the renewal date for the two year renewal cycle applicable to licensees under Title 58, Chapter 55, Utah Construction Trades Licensing Act, is established by rule in Section R156-1-308a(1).

(2) Renewal procedures shall be in accordance with Section R156-1-308c through R156-1-308l.

(3) In accordance with Subsections 58-55-501(21) and 58-1-308(3)(b)(i) and Section 58-55-302.5, there is established a continuing education requirement for license renewal. Each licensee, or the licensee's qualifier, or an officer, director, or supervising individual, as designated by the licensee, shall comply with the continuing education requirements set forth in Section R156-55a-303b.

(4) Contractors shall renew their license in an online form approved by the Division, except as permitted by the Division in writing.

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

(1) Pursuant to Section 58-55-302.5, each licensee shall complete six hours of continuing education during each two-year license term. A minimum of three hours shall be core education; the remaining three hours may be professional education or core education. A minimum of three hours shall consist of live in-class attendance; the remaining three hours may consist of distance learning courses.

(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) A contractor under Subsection R156-55a-301(2)(s) shall complete at least three of their six continuing education hours in continuing education directly related to the installation, repair, or replacement of a heating, ventilation, or air conditioning system.

(c) A contractor under Subsections R156-55a-301(2)(r) or R156-55a-301(2)(v) that performs installation of a backflow preventer device shall complete at least two of their six continuing education hours in continuing education directly related to backflow installation.

(d) Contractors with a renewal cycle that ends after January 1, 2020, shall complete at least one of their six continuing education hours in energy conservation.

(e) "Core continuing education" means education related to 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, energy conservation, and construction business practices.

(f) "Professional continuing education" means education related to substantive subjects dealing with the practice of the construction trades, including land development, land use, planning and zoning, professional development, arbitration practices, estimating, marketing techniques, servicing clients, personal and property protection for the licensee and the licensee's clients and similar topics.

(g) The following course subject matter is not acceptable as core education or professional education hours:

(i) mechanical office and business skills, such as typing, speed reading, memory improvement and report writing;

(ii) physical well-being or personal development, such as personal and business motivation, stress management, time management, dress for success, or similar subjects;

(iii) presentations by a supplier or a supplier representative to promote a particular product or line of products; and

(iv) meetings held in conjunction with the general business of the licensee or employer.

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

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

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

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

(g) 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) student's test scores.

(h) The course provider shall:

(i) have a competent method of registration of individuals who actually completed the course;

(ii) maintain records of attendance that are available for review by the Division; and

(iii) provide individuals completing the course a certificate that contains the following information:

(A) date of the course;

(B) name of the course provider;

(D) course title;

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

(F) attendee's name; and

(G) signature of the course provider.

(i) 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) The Division may assign monitors at no charge to attend a course for the purpose of evaluating the course and the instructor.

(4)(a) 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.

(b) 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 to the continuing education registry for approval and pay any course approval fees and attendance recording fees.

(5) Licensees who lecture in continuing education courses meeting the requirements of Section R156-55a-303b 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)(a) The continuing education requirements established for electricians, plumbers, and elevator mechanics in Section 58-55-302.7, if offered by a provider specified in Subsection 58-55-302.5(2), shall satisfy the contractor continuing education requirements of Section 58-55-302.5 and this section.

(b) 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 that have been submitted through the continuing education registry and shall approve only those courses that meet the standards of 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) The Division shall designate an entity to act as the Continuing Education Registry and the Continuing Education Registry, in consultation with the Division and the Commission, shall:

(a) through its internet site electronically receive applications from continuing education course providers, and submit to the Division for review and approval only those applications from programs that meet the standards of this section;

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

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

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

(11) The 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) includes the following:

(a) Except as allowed in Subsection (1)(b), the qualifier shall receive remuneration for work performed for the contractor licensee for not less than 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 shall be in the form of W-2 wages.

(b) The 12 hour minimum in Subsection (1)(a) may be reduced if the total hours worked by the 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.

(2)(a) A qualifier may hold up to three specialty classifications, in addition to any classification under Subsection 58-55-301(2)(a) through (c) and Subsection 58-55-301(2)(e) through (h), except that a qualifier under Subsection R156-55a-301(2)(e) may not have any other specialty classifications.

(b) A qualifier may change classifications at any time by surrendering a classification, and by applying for any classification for which the qualifier is permitted by law.

(c) A current qualifier shall surrender or replace the qualifier's classifications as needed to comply with Subsection (2)(a) at the time of any renewal or reinstatement involving the qualifier.

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

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

(b) the Commission and the Division grant written approval.

R156-55a-305. Compliance Agency Reporting of Sole Owner Building Permits Issued.

In accordance with Subsection 58-55-305(2), a compliance agency that issues building permits to sole owners of property shall submit, within 30 days of issuance, the following information concerning each building permit issued in its jurisdiction, to a Division-designated fax number, email address, or written mailing address:

(1) building permit number;

(2) date issued;

(3) issuing compliance agency's name, address, and phone number;

(4) sole owner's full name, home address, and phone number;

(5) building site subdivision and lot number.

R156-55a-305a. Exempt Contractors Filing Affirmation of Liability and Workers Compensation Insurance.

(1) In accordance with Subsection 58-55-305(1)(h)(ii)(H), a person claiming exemption under Subsection 58-55-305(1)(h) for projects with a value greater than $1,000 but less than $3,000 shall file a registration of exemption with the Division that includes:

(a) the identity and address of the person claiming the exemption;

(b) answers to qualifying questions; and

(i) that the person has liability insurance in force that includes the Division being named as a certificate holder, the policy number, the expiration date of the policy, the insurance company name and contact information, and coverage amounts of at least $100,000 for each incident and $300,000 in total; and

(ii)(A) that the person has workers compensation insurance in force that names the Division as a certificate holder, includes the policy number, the expiration date of the policy, the insurance company name and contact information; or

(B) that the person does not hire employees and is therefore exempt from the requirement to have workers compensation insurance.

(2) The affirmation required under Subsection (1) shall be reaffirmed on or before November 30 of each odd numbered year.

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

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

(1) judgments, child support obligations, restitution orders, tax liens, collection actions, bankruptcy schedules and a history of late payments to creditors, including documentation showing the resolution of any factor under this Subsection (1);

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

(3) a current credit report acceptable to the Division;

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

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

(6) each of the factors listed in this Subsection (1) regarding the financial history of the owners of the applicant or licensee;

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

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

R156-55a-308b. Natural Gas Technician Certification.

(1) In accordance with Subsection 58-55-308(1), the scope of practice defined in Subsection 58-55-308(2)(a) requiring certification is further defined as the installation, modification, maintenance, cleaning, repair or replacement of the gas piping, combustion air vents, exhaust venting system or derating of gas input for altitude of a residential or commercial gas appliance.

(2) An approved training program shall include the following course content:

(a) general gas appliance installation codes;

(b) venting requirements;

(d) gas line sizing codes;

(e) gas line approved materials requirements;

(f) gas line installation codes; and

(g) methods of derating gas appliances for elevation.

(3) In accordance with Subsection 58-55-308(2)(c)(i), the following programs are approved to provide natural gas technician training, and to issue certificates or documentation of exemption from certification:

(a) Federal Bureau of Apprenticeship Training;

(b) Utah college apprenticeship program;

(d) Rocky Mountain Gas Association; and

(e) Home Builders Association of Utah.

(4) In accordance with Subsection 58-55-308(3), the approved programs in paragraphs (3)(b) through (3) (e) shall require program participants to pass the RMGA Gas Appliance Installers Certification Exam, or equivalent exams approved by the Commission established or adopted by a training program, with a minimum passing score of 80%.

(5) In accordance with Subsection 58-55-308(3), a person who has not completed an approved training program, but has passed the RMGA Gas Exam or approved equivalent exam established or adopted by an approved training program, with a minimum passing score of 80%, or the Utah licensed Journeyman or Residential Journeyman Plumber Exam, with a minimum passing score of 70%, shall be exempt from the certification requirement in Subsection 58-55-308(2)(c)(i).

(6) An approved program shall issue a certificate, including a wallet certificate, to persons who successfully complete their training program containing the following information:

(a) name of the program provider;

(b) name of the approved program;

(d) date the certification was completed; and

(e) signature of an authorized representative of the program provider.

(7) The following shall constitute documentation of exemption from certification:

(a) certification of completion of training issued by the Federal Bureau of Apprenticeship Training;

(b) current Utah licensed Journeyman or Residential Journeyman plumber license; or

(i) name of the association, school, union, or other organization who administered the exam;

(ii) name of the person who passed the exam;

(iii) name of the exam;

(iv) date the exam was passed; and

(v) signature of an authorized representative of the test administrator.

(8) Each person engaged in the scope of practice defined in Subsection 58-55-308(2)(a) and as further defined in Subsection (1) herein, shall carry in their possession documentation of certification or exemption.

R156-55a-311. Reorganization - Conversion of Contractor Business Entity.

(1) A conversion from one form of entity to another form where "Articles of Conversion" are filed with and approved by the Utah Division of Corporations and Commercial Code shall not require a new contractor application.

(2) Except as provided in Subsection (1), a reorganization of the business entity under which a licensed contractor is licensed shall require application for a new license under the new form of organization or business structure. The creation of a new legal entity constitutes a reorganization, and includes:

(a) a change to a new entity under the same form of business entity; or

(b) a change of the form of business entity between proprietorship, partnership, whether limited or general, joint venture, corporation, or any other business form.

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 trades for which the license was