A person engages in unlawful conduct if the person: (1) engages in a construction trade, acts as a contractor, or represents that the person engages in a construction trade or acts as a contractor in a trade requiring licensure without holding a license or qualifying for an exemption under this chapter; (2) acts in a construction trade beyond the scope of the license the person holds; (3) hires or employs an unlicensed person to perform work that requires a license, unless that person is an employee of a licensed person, paid wages, and is not otherwise required to hold a license; (4) applies for or obtains a building permit without holding a license or qualifying for an exemption under this chapter; (5) issues a building permit to a person that does not provide evidence of a current license or exemption; (6) applies for or obtains a building permit to benefit or assist a person that must hold a license under this chapter but does not hold one or does not otherwise qualify; (7) fails to obtain a building permit when required by law or rule; (8) submits a bid for work requiring a license without holding a license or qualifying for an exemption; (9) willfully or deliberately misrepresents or omits a material fact when applying to obtain or renew a license; (10) allows another person to use the person's license, except as permitted by statute or rule; (11) does business under a name other than the name on the license, unless statute or rule allows otherwise; (12) fails to directly supervise an apprentice electrician or an apprentice plumber or exceeds the permitted number of apprentices to supervisor; (13) as a contractor, receives funds from a person to pay for work performed or materials and services provided for a specific project, and after receiving the funds, fails to pay all amounts due to those who performed the work or provided materials or services within a reasonable time; (14) willfully or deliberately disregards or violates: (a) state or local building or construction laws; (b) safety and labor laws applicable to a project; (c) health laws applicable to a project; (d) workers' compensation insurance laws; (e) laws governing employee income tax, unemployment tax, Social Security tax, or other required withholdings; or (f) state or federal reporting, notification, and filing laws; (15) engages in residential construction of up to two units without registering as a qualified beneficiary or obtaining an exemption under Title 38, Chapter 11, Residence Lien Restriction and Lien Recovery Fund Act; (16) as an original contractor, as defined in Section 38-11-102, fails to include the notice required under Section 38-11-108 in a written contract; (17) wrongfully files a preconstruction or construction lien in violation of Section 38-1a-308; (18) as a contractor, fails to complete required continuing education under this chapter; (19) as an unincorporated entity licensed under this chapter: (a) allows an interest owner to engage in a construction trade in the state while not lawfully present in the United States; or (b) provides labor to another licensed entity by supplying an interest owner to engage in a construction trade in the state while not lawfully present in the United States; (20) as an unincorporated entity, fails to provide for an individual who engages or will engage in a construction trade in the state: (a) workers' compensation coverage as required under Title 34A, Chapter 2, Workers' Compensation Act, or Title 34A, Chapter 3, Utah Occupational Disease Act, or as would be required if licensed under this chapter; or (b) unemployment compensation under Title 35A, Chapter 4, Employment Security Act, for an individual who owns less than an 8% interest in the entity, as defined by rule; (21) as an unincorporated entity: (a) allows an owner to engage in a construction trade using a social security number that does not belong to that individual; or (b) provides labor to another licensed entity by supplying an individual who uses a social security number that does not belong to that individual; (22) as a sign installation contractor or nonelectrical outdoor advertising sign contractor, as described by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, fails to: (a) prominently display the contractor's business name and license number on a vehicle used for business; or (b) carry a copy of the contractor's license in any vehicle used at a job site; (23) as a contractor, fails to comply with requirements a political subdivision, state agency, or board of education imposes in accordance with Section 58-55-206; (24) as a contractor, fails to comply in a timely manner with requirements described in Section 58-55-211; (25) engages in the installation, repair, maintenance, cleaning, or replacement of a residential or a commercial gas appliance or a combustion system without the certification described in Section 58-55-503, or allows an employee to do so; or (26) operates a crane without the certification described in Section 58-55-504. Repealed and Re-enacted by Chapter 42, 2026 General Session
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