(1) Each applicant for a license under this chapter shall: (a) submit an application the division approves; (b) pay a fee as determined by the department under Section 63J-1-504; (c) meet the examination requirements established by this section and by rule by the commission with the concurrence of the director, which requirements include: (i) for licensure as an apprentice electrician, apprentice plumber, or specialty contractor, no division-administered examination is required; (ii) for licensure as a general building contractor, general engineering contractor, residential and small commercial contractor, general plumbing contractor, residential plumbing contractor, general electrical contractor, or residential electrical contractor, the only required division- administered examination is a division-administered examination that covers information from the 25-hour course described in Subsection (1)(e)(iii), which course may have been previously completed as part of applying for any other license under this chapter, and, if the 25-hour course was completed on or after July 1, 2019, the five-hour business law course described in Subsection (1)(e)(iv); and (iii) if required by Section 58-55-304 and the applicant is a business entity, that an individual qualifier pass the required division-administered examination; (d) for licensure as an apprentice, identify the proposed supervisor of the apprenticeship; (e) for licensure as a contractor: (i) produce satisfactory evidence of financial responsibility, except for a construction trades instructor for whom evidence of financial responsibility is not required; (ii) produce satisfactory evidence of: (A) except as provided in Subsection (2)(a), and except that no employment experience is required for licensure as a specialty contractor, two years full-time paid employment experience in the construction industry, which employment experience, unless more specifically described in this section, may be related to any contracting classification and does not have to include supervisory experience; and (B) knowledge of the principles of the conduct of business as a contractor, reasonably necessary for the protection of the public health, safety, and welfare; (iii) except as otherwise provided by rule by the commission with the concurrence of the director, complete a 25-hour course that the commission with the concurrence of the director establishes by rule, that is taught by an approved prelicensure course provider, and which may include: (A) construction business practices; (B) bookkeeping fundamentals; (C) mechanics lien fundamentals; (D) other aspects of business and construction principles considered important by the commission with the concurrence of the director; and (E) for no additional fee, a provider-administered examination at the end of the 25-hour course; (iv) if the applicant is applying for licensure as a general building contractor, general engineering contractor, residential and small commercial contractor, general plumbing contractor, residential plumbing contractor, general electrical contractor, residential electrical contractor, or HVAC contractor, other than an applicant who completed the 25-hour course described in Subsection (1)(e)(iii) before July 1, 2019, complete a five-hour business and law course: (A) that the commission, with the concurrence of the director, establishes by rule; and (B) that is taught by an approved prelicensure course provider; (v) (A) for licensure as a residential electrical contractor, be a licensed master electrician or a licensed master residential electrician; (B) for licensure as an electrical contractor, be a licensed master electrician; (C) for licensure as a residential plumbing contractor, be a licensed master plumber or a licensed master residential plumber; (D) for licensure as a plumbing contractor, be a licensed master plumber; or (E) for licensure as an elevator contractor, be a licensed elevator mechanic and produce satisfactory evidence of three years experience as an elevator mechanic; (vi) when the applicant is an unincorporated entity, provide a list of the one or more individuals who hold an ownership interest in the applicant as of the day on which the application is filed that includes for each individual: (A) the individual's name, address, birth date, and social security number or other satisfactory evidence of the applicant's identity permitted under rules made by the division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and (B) whether the individual will engage in a construction trade; and (vii) the applicant or, if the applicant is a business entity as described in Section 58-55-304, an individual qualifier and each individual with at least a 10% voting interest in the business entity shall: (A) consent to, and complete, a criminal background check, described in Section 58-1-301.5; (B) meet any other standard related to the criminal background check described in Subsection (1)(e)(vii)(A), that the division establishes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and (C) disclose any criminal history the division requests on a form the division approves; and (f) for licensure as a construction trades instructor, satisfy any additional requirements the division establishes by rule. (2) (a) If the applicant for a contractor's license described in Subsection (1) is a building inspector, the applicant may satisfy Subsection (1)(e)(ii)(A) by producing satisfactory evidence of two years of full-time paid employment experience as a building inspector, which shall include at least one year of full-time experience as a licensed combination inspector. (b) The applicant shall file the following with the division before the division issues the license: (i) proof of workers' compensation insurance that covers employees of the applicant in accordance with applicable Utah law; (ii) proof of public liability insurance in coverage amounts and form established by rule except for a construction trades instructor for whom public liability insurance is not required; and (iii) proof of registration as required by applicable law with the: (A) Department of Commerce; (B) Division of Corporations and Commercial Code; (C) Unemployment Insurance Division in the Department of Workforce Services, for purposes of Title 35A, Chapter 4, Employment Security Act; (D) State Tax Commission; and (E) Internal Revenue Service. (3) In addition to the general requirements for each applicant in Subsection (1), an applicant shall comply with the following requirements to be licensed in the following classifications: (a) (i) a master plumber shall produce satisfactory evidence that the applicant: (A) has been a licensed journeyman plumber for at least two years and had two years of supervisory experience as a licensed journeyman plumber in accordance with division rule; (B) has received at least an associate of applied science degree or similar degree following the completion of a course of study approved by the division and had one year of supervisory experience as a licensed journeyman plumber in accordance with division rule; or (C) meets the qualifications for expedited licensure as established by rules made by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge and skills to be a licensed master plumber; (ii) an individual holding a valid Utah license as a journeyman plumber, based on at least four years of practical experience as a licensed apprentice under the supervision of a licensed journeyman plumber and four years as a licensed journeyman plumber, in effect immediately before May 5, 2008, is on and after May 5, 2008, considered to hold a current master plumber license under this chapter, and satisfies the requirements of this Subsection (3)(a) for the purpose of renewal or reinstatement of that license under Section 58-55-303; and (iii) an individual holding a valid plumbing contractor's license or residential plumbing contractor's license, in effect immediately before May 5, 2008, is on or after May 5, 2008: (A) considered to hold a current master plumber license under this chapter if licensed as a plumbing contractor and a journeyman plumber, and satisfies the requirements of this Subsection (3)(a) for purposes of renewal or reinstatement of that license under Section 58-55-303; and (B) considered to hold a current residential master plumber license under this chapter if licensed as a residential plumbing contractor and a residential journeyman plumber, and satisfies the requirements of this Subsection (3)(a) for purposes of renewal or reinstatement of that license under Section 58-55-303; (b) a master residential plumber applicant shall produce satisfactory evidence that the applicant: (i) has been a licensed residential journeyman plumber for at least two years and had two years of supervisory experience as a licensed residential journeyman plumber in accordance with division rule; or (ii) meets the qualifications for expedited licensure as established by rules made by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge and skills to be a licensed master residential plumber; (c) a journeyman plumber applicant shall produce satisfactory evidence of: (i) successful completion of the equivalent of at least four years of full-time training and instruction as a licensed apprentice plumber under supervision of a licensed master plumber or journeyman plumber and in accordance with a planned program of training approved by the division; (ii) at least eight years of full-time experience approved by the division in collaboration with the Electricians and Plumbers Licensing Board; or (iii) meeting the qualifications for expedited licensure as established by rules made by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge and skills to be a licensed journeyman plumber; (d) a residential journeyman plumber shall produce satisfactory evidence of: (i) completion of the equivalent of at least three years of full-time training and instruction as a licensed apprentice plumber under the supervision of a licensed residential master plumber, licensed residential journeyman plumber, or licensed journeyman plumber in accordance with a planned program of training approved by the division; (ii) completion of at least six years of full-time experience in a maintenance or repair trade involving substantial plumbing work; or (iii) meeting the qualifications for expedited licensure as established by rules made by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge and skills to be a licensed residential journeyman plumber; (e) the conduct of a licensed apprentice plumber and the licensed apprentice plumber's licensed supervisor shall be in accordance with the following: (i) while engaging in the trade of plumbing, a licensed apprentice plumber shall be under the immediate supervision of a licensed master plumber, licensed residential master plumber, licensed journeyman plumber, or licensed residential journeyman plumber; (ii) beginning in a licensed apprentice plumber's fourth year of training, a licensed apprentice plumber may work without supervision for a period not to exceed eight hours in any 24-hour period; and (iii) rules made by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the ratio of apprentices allowed under the immediate supervision of a licensed supervisor, including the ratio of apprentices in their fourth year of training or later that are allowed to be under the immediate supervision of a licensed supervisor; (f) a master electrician applicant shall produce satisfactory evidence that the applicant: (i) is a graduate electrical engineer of an accredited college or university approved by the division and has one year of practical electrical experience as a licensed apprentice electrician; (ii) is a graduate of an electrical trade school, having received an associate of applied sciences degree following successful completion of a course of study approved by the division, and has two years of practical experience as a licensed journeyman electrician; (iii) has four years of practical experience as a journeyman electrician; or (iv) meets the qualifications for expedited licensure as established by rules made by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge and skills to be a licensed master electrician; (g) a master residential electrician applicant shall produce satisfactory evidence that the applicant: (i) has at least two years of practical experience as a residential journeyman electrician; or (ii) meets the qualifications for expedited licensure as established by rules made by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge and skills to be a master residential electrician; (h) a journeyman electrician applicant shall produce satisfactory evidence that the applicant: (i) has successfully completed at least four years of full-time training and instruction as a licensed apprentice electrician under the supervision of a master electrician or journeyman electrician and in accordance with a planned training program approved by the division; (ii) has at least eight years of full-time experience approved by the division in collaboration with the Electricians and Plumbers Licensing Board; or (iii) meets the qualifications for expedited licensure as established by rules made by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge and skills to be a licensed journeyman electrician; (i) a residential journeyman electrician applicant shall produce satisfactory evidence that the applicant: (i) has successfully completed two years of training in an electrical training program approved by the division; (ii) has four years of practical experience in wiring, installing, and repairing electrical apparatus and equipment for light, heat, and power under the supervision of a licensed master, journeyman, residential master, or residential journeyman electrician; or (iii) meets the qualifications for expedited licensure as established by rules made by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge and skills to be a licensed residential journeyman electrician; (j) the conduct of a licensed apprentice electrician and the licensed apprentice electrician's licensed supervisor shall be in accordance with the following: (i) a licensed apprentice electrician shall be under the immediate supervision of a licensed master, journeyman, residential master, or residential journeyman electrician; (ii) beginning in a licensed apprentice electrician's fourth year of training, a licensed apprentice electrician may work without supervision for a period not to exceed eight hours in any 24- hour period; (iii) rules made by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the ratio of apprentices allowed under the immediate supervision of a licensed supervisor, including the ratio of apprentices in their fourth year of training or later that are allowed to be under the immediate supervision of a licensed supervisor; and (iv) a licensed supervisor may have up to three licensed apprentice electricians on a residential project, or more if established by rules made by the commission, in concurrence with the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (k) an alarm company applicant shall: (i) have a qualifying agent who: (A) is an alarm company officer, alarm company owner, alarm company proprietor, an alarm company trustee, or other responsible management personnel; (B) demonstrates 6,000 hours of experience in the alarm company business; (C) demonstrates 2,000 hours of experience as a manager or administrator in the alarm company business or in a construction business; and (D) passes an examination by the commission, with the concurrence of the director, establishes by rule; (ii) require that each alarm company officer, alarm company owner, alarm company proprietor, alarm company trustee, and responsible management personnel with direct responsibility for managing operations of the applicant within the state: (A) provide the applicant's name, address, date of birth, social security number, and fingerprints to the division; (B) consent to, and complete, a criminal background check, described in Section 58-1-301.5; (C) meet any other standard related to the criminal background check described in Subsection (2)(k)(ii)(B), that the division establishes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and (D) disclose any criminal history the division requests on a form the division approves; (iii) document that none of the individuals described in Subsection (3)(k)(ii): (A) have been declared by any court of competent jurisdiction incompetent by reason of mental defect or disease and not been restored; or (B) are currently suffering from habitual drunkenness or from drug addiction or dependence; (iv) file and maintain with the division evidence of: (A) comprehensive general liability insurance in form and in amounts established by rule by the commission with the concurrence of the director; (B) workers' compensation insurance that covers employees of the applicant in accordance with applicable Utah law; and (C) registration as is required by applicable law with the: (I) Division of Corporations and Commercial Code; (II) Unemployment Insurance Division in the Department of Workforce Services, for purposes of Title 35A, Chapter 4, Employment Security Act; (III) State Tax Commission; and (IV) Internal Revenue Service; and (v) meet with the division and board; (l) an applicant for licensure as an alarm company agent shall: (i) submit an application in a form the division approves accompanied by fingerprint cards; (ii) pay a fee determined by the department under Section 63J-1-504; (iii) consent to, and complete, a criminal background check, described in Section 58-1-301.5; (A) meet any other standard related to the criminal background check described in this Subsection (3)(l)(iii), that the division establishes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and (B) disclose any criminal history the division requests on a form the division approves; (iv) not have been declared by any court of competent jurisdiction incompetent by reason of mental defect or disease and not been restored; (v) not be currently suffering from habitual drunkenness or from drug addiction or dependence; and (vi) meet with the division and board if requested by the division or the board; and (m) (i) an applicant for licensure as an elevator mechanic shall: (A) provide documentation of experience and education credits of not less than three years work experience in the elevator industry, in construction, maintenance, or service and repair; (B) satisfactorily complete a written examination administered by the division established by rule under Section 58-1-203; or (C) provide certificates of completion of an apprenticeship program for elevator mechanics, having standards substantially equal to those of this chapter and registered with the United States Department of Labor Bureau Apprenticeship and Training or a state apprenticeship council; and (ii) (A) if an elevator contractor licensed under this chapter cannot find a licensed elevator mechanic to perform the work of erecting, constructing, installing, altering, servicing, repairing, or maintaining an elevator, the contractor may notify the division of the unavailability of licensed personnel and request the division issue a temporary elevator mechanic license to an individual certified by the contractor as having an acceptable combination of documented experience and education to perform the work described in this Subsection (3)(m)(ii)(A); and (B) if an elevator contractor requests that the division issue a temporary elevator license as described in Subsection (3)(m)(ii)(A), the division may issue a temporary elevator mechanic license to an individual certified under Subsection (3)(m)(ii)(A) upon application by the individual, accompanied by the appropriate fee as determined by the department under Section 63J-1-504 and shall specify the time period for which the license is valid and may renew the license for an additional time period upon the division's determination that a shortage of licensed elevator mechanics continues to exist. (n) An applicant for licensure as an HVAC contractor shall produce satisfactory evidence to the division that the applicant: (i) completed two years full-time paid employment of HVAC specific experience; and (ii) passed an examination the commission, with the concurrence of the director, established by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (o) An applicant for a general engineering contractor's license described in Subsection (1) may satisfy Subsection (1)(e)(ii)(A): (i) by producing satisfactory evidence of four years relevant full-time paid employment experience; or (ii) if the applicant is a licensed journeyman lineman in another jurisdiction, by meeting the requirements the division makes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules establishing when Federal Bureau of Investigation records shall be checked for applicants as an alarm company or alarm company agent under this section and Section 58-1-301.5. (5) (a) The division shall deny an application for licensure under this chapter if: (i) the applicant has had a previous license, which was issued under this chapter, suspended or revoked within two years before the date of the applicant's application; (ii) (A) the applicant is a partnership, corporation, or limited liability company; and (B) any corporate officer, director, shareholder holding 25% or more of the stock in the applicant, partner, member, agent acting as a qualifier, or any person occupying a similar status, performing similar functions, or directly or indirectly controlling the applicant has served in any similar capacity with any person or entity that has had a previous license, which was issued under this chapter, suspended or revoked within two years before the date of the applicant's application; (iii) (A) the applicant is an individual or sole proprietorship; and (B) any owner or agent acting as a qualifier has served in any capacity listed in Subsection (5)(a)(ii)(B) in any entity which has had a previous license, which was issued under this chapter, suspended or revoked within two years before the date of the applicant's application; or (iv) (A) the applicant includes an individual who was an owner, director, or officer of an unincorporated entity at the time the entity's license under this chapter was revoked; and (B) the application for licensure is filed within 60 months after the revocation of the unincorporated entity's license. (b) The appropriate licensing board shall review an application for licensure under this chapter before approval if: (i) the applicant has had a previous license, which was issued under this chapter, suspended or revoked more than two years before the date of the applicant's application; (ii) (A) the applicant is a partnership, corporation, or limited liability company; and (B) any corporate officer, director, shareholder holding 25% or more of the stock in the applicant, partner, member, agent acting as a qualifier, or any person occupying a similar status, performing similar functions, or directly or indirectly controlling the applicant has served in any similar capacity with any person or entity that has had a previous license, which was issued under this chapter, suspended or revoked more than two years before the date of the applicant's application; or (iii) (A) the applicant is an individual or sole proprietorship; and (B) any owner or agent acting as a qualifier has served in any capacity listed in Subsection (5)(a)(ii)(B) in any entity that has had a previous license, which was issued under this chapter, suspended or revoked more than two years before the date of the applicant's application. (6) (a) (i) A licensee that is an unincorporated entity shall file an ownership status report with the division every 30 days after the day on which the license is issued if the licensee has more than five owners who are individuals who: (A) own an interest in the contractor that is an unincorporated entity; (B) own, directly or indirectly, less than an 8% interest, as defined by rule made by the division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in the unincorporated entity; and (C) engage, or will engage, in a construction trade in the state as owners of the contractor described in Subsection (6)(a)(i)(A). (ii) If the licensee has five or fewer owners described in Subsection (6)(a)(i), the licensee shall provide the ownership status report with an application for renewal of licensure. (b) An ownership status report required under this Subsection (6) shall: (i) specify each addition or deletion of an owner: (A) for the first ownership status report, after the day on which the unincorporated entity is licensed under this chapter; and (B) for a subsequent ownership status report, after the day on which the previous ownership status report is filed; (ii) be in a format the division approves and that includes for each owner, regardless of the owner's percentage ownership in the unincorporated entity, the information described in Subsection (1)(e)(vi); (iii) list the name of: (A) each officer or manager of the unincorporated entity; and (B) each other individual involved in the operation, supervision, or management of the unincorporated entity; and (iv) be accompanied by a fee set by the division in accordance with Section 63J-1-504 if the ownership status report indicates there is a change described in Subsection (6)(b)(i). (c) The division may audit, at any time, an ownership status report under this Subsection (6): (i) to determine if financial responsibility has been demonstrated or maintained as required under Section 58-55-306; and (ii) to determine compliance with Subsection 58-55-501(23), (24), or (26) or Subsection 58-55-502(8) or (9). (7) (a) An unincorporated entity that provides labor to an entity licensed under this chapter by providing an individual who owns an interest in the unincorporated entity to engage in a construction trade in Utah shall file with the division: (i) before the individual who owns an interest in the unincorporated entity engages in a construction trade in Utah, a current list of the one or more individuals who hold an ownership interest in the unincorporated entity that includes for each individual: (A) the individual's name, address, birth date, and social security number; and (B) whether the individual will engage in a construction trade; and (ii) every 30 days after the day on which the unincorporated entity provides the list described in Subsection (7)(a)(i), an ownership status report containing the information that would be required under Subsection (6) if the unincorporated entity were a licensed contractor. (b) When filing an ownership list described in Subsection (7)(a)(i) or an ownership status report described in Subsection (7)(a)(ii) an unincorporated entity shall pay a fee set by the division in accordance with Section 63J-1-504. (8) This chapter may not be interpreted to create or support an express or implied independent contractor relationship between an unincorporated entity described in Subsection (6) or (7) and the owners of the unincorporated entity for any purpose, including income tax withholding. (9) (a) A social security number provided under Subsection (1)(e)(vi) or (3)(k)(ii) is a private record under Subsection 63G-2-302(1)(i). (b) The division may designate an applicant's evidence of identity under Subsection (1)(e)(vi) as a private record in accordance with Section 63G-2-302.
‹ Prev All Utah sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.