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Terms Used In Utah Code 58-55-308

  • 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
  • Contract: A legal written agreement that becomes binding when signed.
  • 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.
  • Department: means the Department of Commerce. See Utah Code 58-1-102
  • 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
  • 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Financial responsibility: means a demonstration of a current and expected future condition of financial solvency evidencing a reasonable expectation to the division and the board that an applicant or licensee can successfully engage in business as a contractor without jeopardy to the public health, safety, and welfare. See Utah Code 58-55-102
  • 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
  • Immediate supervision: means reasonable direction, oversight, inspection, and evaluation of the work of a person:
         (30)(a) as the division specifies in rule;
         (30)(b) by, as applicable, a qualified electrician or plumber;
         (30)(c) as part of a planned program of training; and
         (30)(d) to ensure that the end result complies with applicable standards. See Utah Code 58-55-102
  • Individual: means a natural person. See Utah Code 58-55-102
  • Licensee: includes any holder of a license, certificate, registration, permit, student card, or apprentice card authorized under this title. See Utah Code 58-1-102
  • 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
     (1)(a) The commission, with the concurrence of the director, may adopt reasonable rules pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to define and limit the scope of practice and operating standards of the classifications and subclassifications licensed under this chapter in a manner consistent with established practice in the relevant industry.
     (1)(b) The commission and the director may limit the field and scope of operations of a licensee under this chapter in accordance with the rules and the public health, safety, and welfare, based on the licensee’s education, training, experience, knowledge, and financial responsibility.
(2)

     (2)(a) The work and scope of practice covered by this Subsection (2) and Subsection (3) is the installation, repair, maintenance, cleaning, or replacement of a residential or commercial gas appliance or combustion system.
     (2)(b) The provisions of this Subsection (2) apply to any:

          (2)(b)(i) licensee under this chapter whose license authorizes the licensee to perform the work described in Subsection (2)(a); and
          (2)(b)(ii) person exempt from licensure under Section 58-55-305.
     (2)(c) Any person described in Subsection (2)(b) that performs work described in Subsection (2)(a):

          (2)(c)(i) must first receive training and certification as specified in rules adopted by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
          (2)(c)(ii) shall ensure that any employee authorized under other provisions of this chapter to perform work described in Subsection (2)(a) has first received training and certification as specified in rules adopted by the division.
     (2)(d) The division may exempt from the training requirements adopted under Subsection (2)(c) a person that has adequate experience, as determined by the division.
(3) The division may exempt the following individuals from the certification requirements adopted under Subsection (2)(c):

     (3)(a) a person who has passed a test equivalent to the level of testing required by the division for certification, or has completed an apprenticeship program that teaches the installation of gas line appliances and is approved by the Federal Bureau of Apprenticeship Training; and
     (3)(b) a person working under the immediate one-to-one supervision of a certified natural gas technician or a person exempt from certification.
(4)

     (4)(a) The work and scope of practice covered by this Subsection (4) is the installation, repair, maintenance, or replacement of an automatic fire sprinkler system.
     (4)(b) The provisions of this Subsection (4) apply to an individual acting as a qualifier for a business entity in accordance with Section 58-55-304, where the business entity seeks to perform the work described in Subsection (4)(a).
     (4)(c) Before a business entity described in Subsection (4)(b) may perform the work described in Subsection (4)(a), the qualifier for the business entity shall:

          (4)(c)(i) be a licensed general building contractor; or
          (4)(c)(ii) obtain a certification in fire sprinkler fitting from the division by providing evidence to the division that the qualifier has met the following requirements:

               (4)(c)(ii)(A) completing a Department of Labor federally approved apprentice training program or completing two-years experience under the immediate supervision of a licensee who has obtained a certification in fire sprinkler fitting; and
               (4)(c)(ii)(B) passing the Star fire sprinklerfitting mastery examination offered by the National Inspection Testing and Certification Corporation or an equivalent examination approved by the division.
     (4)(d) The division may also issue a certification in fire sprinkler fitting to a qualifier for a business entity who has received training and experience equivalent to the requirements of Subsection (4)(c), as specified in rules adopted by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(5)

     (5)(a) The scope and practice of this Subsection (5) is the installation, repair, maintenance, or replacement of a battery-charged suspended-wire system or fence that:

          (5)(a)(i) 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;
          (5)(a)(ii) is located on property that is not designated by a municipality or county for residential use;
          (5)(a)(iii) has an energizer that is driven by a commercial storage battery that provides no more than 12 volts of direct current;
          (5)(a)(iv) produces an electric charge on contact that does not exceed energizer characteristics set for electric fence energizers by the International Electrotechnical Commission;
          (5)(a)(v) is surrounded by a nonelectric perimeter fence or wall that is at least five feet in height;
          (5)(a)(vi) is not more than the higher of:

               (5)(a)(vi)(A) two feet higher than the height of the nonelectric perimeter fence or wall; or
               (5)(a)(vi)(B) 10 feet in height;
          (5)(a)(vii) is marked with conspicuous warning signs that are located on the battery-charged suspended-wire system or fence at no more than 30-foot intervals and that read “WARNING — ELECTRIC FENCE”; and
          (5)(a)(viii) meets any rules related to battery-charged suspended-wire systems or fences adopted by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
     (5)(b) Before a business entity or person may perform the scope of work described in Subsection (5)(a), the business entity or person shall be a licensed alarm business or company or a licensed alarm company agent.
(6) This section does not prohibit a licensed specialty contractor from accepting and entering into a contract involving the use of two or more crafts or trades if the performance of the work in the crafts or trades, other than that in which the contractor is licensed, is incidental and supplemental to the work for which the contractor is licensed.

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