(1) In addition to the exemptions from licensure in Section 58-1-307, the following persons may engage in acts or practices included within the practice of construction trades, subject to the stated circumstances and limitations, without being licensed under this chapter:

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Terms Used In Utah Code 58-55-305

  • alarm company: means a person engaged in the sale, installation, maintenance, alteration, repair, replacement, servicing, or monitoring of an alarm system, except as provided in Subsection (1)(b). See Utah Code 58-55-102
  • Alarm system: includes a battery-charged suspended-wire system or fence that is part of and interfaces with an alarm system for the purposes of detecting and deterring unauthorized intrusion or entry into or onto certain premises. See Utah Code 58-55-102
  • Combustion system: means an assembly consisting of:
         (13)(a) piping and components with a means for conveying, either continuously or intermittently, natural gas from the outlet of the natural gas provider's meter to the burner of the appliance;
         (13)(b) the electric control and combustion air supply and venting systems, including air ducts; and
         (13)(c) components intended to achieve control of quantity, flow, and pressure. See Utah Code 58-55-102
  • Commission: means the Construction Services Commission created under Section 58-55-103. See Utah Code 58-55-102
  • Construction trade: means any trade or occupation involving:
         (15)(a)
              (15)(a)(i) construction, alteration, remodeling, repairing, wrecking or demolition, addition to, or improvement of any building, highway, road, railroad, dam, bridge, structure, excavation or other project, development, or improvement to other than personal property; and
              (15)(a)(ii) constructing, remodeling, or repairing a manufactured home or mobile home as defined in Section 15A-1-302; or
         (15)(b) installation or repair of a residential or commercial natural gas appliance or combustion system. See Utah Code 58-55-102
  • Contractor: means any person who for compensation other than wages as an employee undertakes any work in the construction, plumbing, or electrical trade for which licensure is required under this chapter and includes:
              (17)(a)(i) a person who builds any structure on the person's own property for the purpose of sale or who builds any structure intended for public use on the person's own property;
              (17)(a)(ii) any person who represents that the person is a contractor, or will perform a service described in this Subsection (17)by advertising on a website or social media, or any other means;
              (17)(a)(iii) any person engaged as a maintenance person, other than an employee, who regularly engages in activities set forth under the definition of "construction trade";
              (17)(a)(iv) any person engaged in, or offering to engage in, any construction trade for which licensure is required under this chapter; or
              (17)(a)(v) a construction manager, construction consultant, construction assistant, or any other person who, for a fee:
                   (17)(a)(v)(A) performs or offers to perform construction consulting;
                   (17)(a)(v)(B) performs or offers to perform management of construction subcontractors;
                   (17)(a)(v)(C) provides or offers to provide a list of subcontractors or suppliers; or
                   (17)(a)(v)(D) provides or offers to provide management or counseling services on a construction project. See Utah Code 58-55-102
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Director: means the director of the Division of Professional Licensing. See Utah Code 58-1-102
  • Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 58-1-102
  • Elevator: means the same as that term is defined in Section 34A-7-202, except that for purposes of this chapter it does not mean a stair chair, a vertical platform lift, or an incline platform lift. See Utah Code 58-55-102
  • Elevator mechanic: means an individual who is licensed under this chapter as an elevator mechanic and who is engaged in erecting, constructing, installing, altering, servicing, repairing, or maintaining an elevator under the immediate supervision of an elevator contractor. See Utah Code 58-55-102
  • Employee: means an individual as defined by the division by rule giving consideration to the definition adopted by the Internal Revenue Service and the Department of Workforce Services. See Utah Code 58-55-102
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Gas appliance: means any device that uses natural gas to produce light, heat, power, steam, hot water, refrigeration, or air conditioning. See Utah Code 58-55-102
  • Highway: includes :
         (15)(a) a public bridge;
         (15)(b) a county way;
         (15)(c) a county road;
         (15)(d) a common road; and
         (15)(e) a state road. See Utah Code 68-3-12.5
  • Individual: means a natural person. See Utah Code 58-55-102
  • Journeyman electrician: means a person licensed under this chapter as a journeyman electrician having the qualifications, training, experience, and knowledge to wire, install, and repair electrical apparatus and equipment for light, heat, power, and other purposes. See Utah Code 58-55-102
  • Journeyman plumber: means a person licensed under this chapter as a journeyman plumber having the qualifications, training, experience, and technical knowledge to engage in the plumbing trade. See Utah Code 58-55-102
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • Person: means a natural person, sole proprietorship, joint venture, corporation, limited liability company, association, or organization of any type. See Utah Code 58-55-102
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Specialty contractor: means a person licensed under this chapter under a specialty contractor classification established by rule, who is qualified by education, training, experience, and knowledge to perform those construction trades and crafts requiring specialized skill, the regulation of which are determined by the division to be in the best interest of the public health, safety, and welfare. See Utah Code 58-55-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Wages: means amounts due to an employee for labor or services whether the amount is fixed or ascertained on a time, task, piece, commission, or other basis for calculating the amount. See Utah Code 58-55-102
  • Writing: includes :
         (48)(a) printing;
         (48)(b) handwriting; and
         (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5
     (1)(a) an authorized representative of the United States government or an authorized employee of the state or any of its political subdivisions when working on construction work of the state or the subdivision, and when acting within the terms of the person‘s trust, office, or employment;
     (1)(b) a person engaged in construction or operation incidental to the construction and repair of irrigation and drainage ditches of regularly constituted irrigation districts, reclamation districts, and drainage districts or construction and repair relating to farming, dairying, agriculture, livestock or poultry raising, metal and coal mining, quarries, sand and gravel excavations, well drilling, as defined in Section 73-3-25, hauling to and from construction sites, and lumbering;
     (1)(c) public utilities operating under the rules of the Public Service Commission on work incidental to their own business;
     (1)(d) a sole owner of property engaged in building:

          (1)(d)(i) no more than one residential structure per year on the sole owner’s property and no more than three residential structures per five years on the sole owner’s property for the sole owner’s noncommercial, nonpublic use, except that a person other than the property owner or a person described in Subsection (1)(e), who engages in building a residential structure must be licensed under this chapter if the person is otherwise required to be licensed under this chapter; or
          (1)(d)(ii) structures on the sole owner’s property for the sole owner’s noncommercial, nonpublic use that are incidental to a residential structure on the property, including a shed, carport, or detached garage;
     (1)(e)

          (1)(e)(i) a person engaged in construction or renovation of a residential building for noncommercial, nonpublic use if that person:

               (1)(e)(i)(A) works without compensation other than token compensation that is not considered salary or wages; and
               (1)(e)(i)(B) works under the direction of the property owner who engages in building the structure; and
          (1)(e)(ii) as used in this Subsection (1)(e), “token compensation” means compensation paid by a sole owner of property exempted from licensure under Subsection (1)(d) to a person exempted from licensure under this Subsection (1)(e), that is:

               (1)(e)(ii)(A) minimal in value when compared with the fair market value of the services provided by the person;
               (1)(e)(ii)(B) not related to the fair market value of the services provided by the person; and
               (1)(e)(ii)(C) is incidental to the providing of services by the person including paying for or providing meals or refreshment while services are being provided, or paying reasonable transportation costs incurred by the person in travel to the site of construction;
     (1)(f) a person engaged in the sale or merchandising of personal property that by its design or manufacture may be attached, installed, or otherwise affixed to real property who has contracted with a person, firm, or corporation licensed under this chapter to install, affix, or attach that property;
     (1)(g) a contractor submitting a bid on a federal aid highway project, if, before undertaking construction under that bid, the contractor is licensed under this chapter;
     (1)(h)

          (1)(h)(i) subject to Subsection 58-1-401(2) and Sections 58-55-501 and 58-55-502, a person engaged in the alteration, repair, remodeling, or addition to or improvement of a building with a contracted or agreed value of less than $7,000, including both labor and materials, and including all changes or additions to the contracted or agreed upon work; and
          (1)(h)(ii) notwithstanding Subsection (1)(h)(i) and except as otherwise provided in this section:

               (1)(h)(ii)(A) work in the plumbing and electrical trades on a Subsection (1)(h)(i) project within any six month period of time:

                    (1)(h)(ii)(A)(I) shall be performed by a licensed electrical or plumbing contractor, if the project involves an electrical or plumbing system; and
                    (1)(h)(ii)(A)(II) may be performed by a licensed journeyman electrician or plumber or an individual referred to in Subsection (1)(h)(ii)(A)(I), if the project involves a component of the system such as a faucet, toilet, fixture, device, outlet, or electrical switch;
               (1)(h)(ii)(B) installation, repair, or replacement of a residential or commercial gas appliance or a combustion system on a Subsection (1)(h)(i) project shall be performed by a person who has received certification under Subsection 58-55-308(2) except as otherwise provided in Subsection 58-55-308(2)(d) or 58-55-308(3);
               (1)(h)(ii)(C) installation, repair, or replacement of water-based fire protection systems on a Subsection (1)(h)(i) project must be performed by a licensed fire suppression systems contractor or a licensed journeyman plumber;
               (1)(h)(ii)(D) work as an alarm business or company or as an alarm company agent shall be performed by a licensed alarm business or company or a licensed alarm company agent, except as otherwise provided in this chapter;
               (1)(h)(ii)(E) installation, repair, or replacement of an alarm system on a Subsection (1)(h)(i) project must be performed by a licensed alarm business or company or a licensed alarm company agent;
               (1)(h)(ii)(F) installation, repair, or replacement of a heating, ventilation, or air conditioning system (HVAC) on a Subsection (1)(h)(i) project must be performed by an HVAC contractor licensed by the division;
               (1)(h)(ii)(G) installation, repair, or replacement of a radon mitigation system or a soil depressurization system must be performed by a licensed contractor; and
               (1)(h)(ii)(H) if the total value of the project is greater than $3,000, the person shall file with the division a one-time affirmation, subject to periodic reaffirmation as established by division rule, that the person has:

                    (1)(h)(ii)(H)(I) public liability insurance in coverage amounts and form established by division rule; and
                    (1)(h)(ii)(H)(II) if applicable, workers compensation insurance which would cover an employee of the person if that employee worked on the construction project;
     (1)(i) a person practicing a specialty contractor classification or construction trade which the director does not classify by administrative rule as significantly impacting the public’s health, safety, and welfare;
     (1)(j) owners and lessees of property and persons regularly employed for wages by owners or lessees of property or their agents for the purpose of maintaining the property, are exempt from this chapter when doing work upon the property;
     (1)(k)

          (1)(k)(i) a person engaged in minor plumbing work that is incidental, as defined by the division by rule, to the repair of a fixture or an appliance in a residential or small commercial building, or structure used for agricultural use, as defined in Section 15A-1-202, provided that no modification is made to:

               (1)(k)(i)(A) existing culinary water, soil, waste, or vent piping; or
               (1)(k)(i)(B) a gas appliance or combustion system; and
          (1)(k)(ii) except as provided in Subsection (1)(e), installation for the first time of a fixture or an appliance is not included in the exemption provided under Subsection (1)(k)(i);
     (1)(l) a person who ordinarily would be subject to the plumber licensure requirements under this chapter when installing or repairing a water conditioner or other water treatment apparatus if the conditioner or apparatus:

          (1)(l)(i) meets the appropriate state construction codes or local plumbing standards; and
          (1)(l)(ii) is installed or repaired under the direction of a person authorized to do the work under an appropriate specialty contractor license;
     (1)(m) a person who ordinarily would be subject to the electrician licensure requirements under this chapter when employed by:

          (1)(m)(i) railroad corporations, telephone corporations or their corporate affiliates, elevator contractors or constructors, or street railway systems; or
          (1)(m)(ii) public service corporations, rural electrification associations, or municipal utilities who generate, distribute, or sell electrical energy for light, heat, or power;
     (1)(n) a person involved in minor electrical work incidental to a mechanical or service installation, including the outdoor installation of an above-ground, prebuilt hot tub;
     (1)(o) a person who ordinarily would be subject to the electrician licensure requirements under this chapter but who during calendar years 2009, 2010, or 2011 was issued a specialty contractor license for the electrical work associated with the installation, repair, or maintenance of solar energy panels, may continue the limited electrical work for solar energy panels under a specialty contractor license;
     (1)(p) a student participating in construction trade education and training programs approved by the commission with the concurrence of the director under the condition that:

          (1)(p)(i) all work intended as a part of a finished product on which there would normally be an inspection by a building inspector is, in fact, inspected and found acceptable by a licensed building inspector; and
          (1)(p)(ii) a licensed contractor obtains the necessary building permits;
     (1)(q) a delivery person when replacing any of the following existing equipment with a new gas appliance, provided there is an existing gas shutoff valve at the appliance:

          (1)(q)(i) gas range;
          (1)(q)(ii) gas dryer;
          (1)(q)(iii) outdoor gas barbeque; or
          (1)(q)(iv) outdoor gas patio heater;
     (1)(r) a person performing maintenance on an elevator as defined in Section 58-55-102, if the maintenance is not related to the operating integrity of the elevator; and
     (1)(s) an apprentice or helper of an elevator mechanic licensed under this chapter when working under the general direction of the licensed elevator mechanic.
(2) A compliance agency as defined in Section 15A-1-202 that issues a building permit to a person requesting a permit as a sole owner of property referred to in Subsection (1)(d) shall notify the division, in writing or through electronic transmission, of the issuance of the permit.

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