reglab/statecodes huggingface dataset:
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 55 - Utah Construction Trades Licensing Act › Part 3 - Licensing › Section 302.7 - Continuing education requirements for electricians, elevator mechanics, and plumbers.

58-55-302.7.
Continuing education requirements for electricians, elevator mechanics, and plumbers.
(1) As used in this section:
(a) "Licensed electrician" means an individual licensed under this chapter as an apprentice electrician, journeyman electrician, master electrician, residential journeyman electrician, or residential master electrician.
(b) "Licensed elevator mechanic" means an individual licensed under this chapter as an elevator mechanic.
(c) "Licensed plumber" means an individual licensed under this chapter as an apprentice plumber, journeyman plumber, master plumber, residential journeyman plumber, or residential master plumber.
(2) Beginning December 1, 2010, during each two-year renewal cycle established by rule under Subsection 58-55-303(1):
(a) a licensed electrician shall complete 16 hours of continuing education under the continuing education program established under this section;
(b) a licensed plumber shall complete 12 hours of continuing education under the continuing education program established under this section; and
(c) a licensed elevator mechanic shall complete eight hours of continuing education under the continuing education program established under this section.
(3) The commission shall, with the concurrence of the division, establish by rule:
(a) a continuing education program for licensed electricians;
(b) a continuing education program for licensed elevator mechanics; and
(c) a continuing education program for licensed plumbers.
(4) The division may contract with a person to establish and maintain a continuing education registry to include:
(a) an online application for a continuing education course provider to apply to the division for approval of the course for inclusion in the continuing education program;
(b) a list of courses that the division has approved for inclusion in the continuing education program; and
(c) a list of courses that:
(i) a licensed electrician, licensed elevator mechanic, or licensed plumber has completed under the continuing education program; and
(ii) the licensed electrician, licensed elevator mechanic, or licensed plumber may access to monitor compliance with the continuing education requirement under Subsection (2).
(5) The division may charge a fee, established by the division under Section 63J-1-504, to administer the requirements of this section.
Amended by Chapter 367, 2011 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 55 - Utah Construction Trades Licensing Act › Part 3 - Licensing › Section 303 - Term of license -- Expiration -- Renewal.

Effective 5/3/2023
58-55-303.
Term of license -- Expiration -- Renewal.
(1)
(a) Each license issued under this chapter shall be issued in accordance with a two-year renewal cycle established by rule.
(b) The division may by rule extend or shorten a renewal period by as much as one year to stagger the renewal cycle it administers.
(c)
(i) Notwithstanding a renewal cycle under Subsection (1)(a) or (b), notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, and subject to Subsection (1)(c)(ii), a license is automatically suspended 60 days after the licensee:
(A) becomes, after the time of licensing, an unincorporated entity that is subject to the ownership status report filing requirements of Subsection 58-55-302(6)(a)(i); or
(B) transfers its license to an unincorporated entity that is subject to the ownership status report filing requirements of Subsection 58-55-302(6)(a)(i).
(ii) An automatic suspension does not occur under Subsection (1)(c)(i) if, before the expiration of the 60-day period in Subsection (1)(c)(i):
(A) the licensee submits an application for renewal of the license; and
(B) the division renews the licensee's license pursuant to the licensee's application for renewal.
(iii) Within 30 days after the effective date of a suspension under Subsection (1)(c)(i), the commission shall, in accordance with Title 63G, Chapter 4, Administrative Procedures Act, make a final determination concerning the suspension.
(2) At the time of renewal, the licensee shall show satisfactory evidence of:
(a) continuing financial responsibility as required under Section 58-55-306;
(b) for a contractor licensee, completion of six hours of approved continuing education, as required in Section 58-55-302.5; and
(c) if the licensee is an apprentice electrician or plumber, journeyman electrician or plumber, master electrician or plumber, residential journeyman electrician or plumber, or residential master electrician or plumber, completion of the number of hours of continuing education specified under Section 58-55-302.7.
(3) Each license automatically expires on the expiration date shown on the license unless the licensee renews the license in accordance with Section 58-1-308.
(4) The requirements of Subsection 58-55-302(5) shall also apply to applicants seeking to renew or reinstate a license.
(5) In addition to any other requirements imposed by law, if a license has been suspended or revoked for any reason, the applicant:
(a) shall pay in full all fines imposed by the division;
(b) resolve any outstanding citations or disciplinary actions with the division;
(c) satisfy any Section 58-55-503 judgment and sentence or nontrial resolution;
(d) complete a new financial responsibility review as required under Section 58-55-306, using only titled assets; and
(e) pay in full any reimbursement amount as provided in Title 38, Chapter 11, Residence Lien Restriction and Lien Recovery Fund Act.
Amended by Chapter 223, 2023 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 55 - Utah Construction Trades Licensing Act › Part 3 - Licensing › Section 306 - Financial responsibility.

58-55-306.
Financial responsibility.
(1) An applicant for licensure as a contractor, and a licensee applying for renewal or reinstatement of a contractor's license shall demonstrate to the division and the commission the applicant's or licensee's financial responsibility before the issuance of or the renewal or reinstatement of a license by:
(a)
(i) completing a questionnaire developed by the division; and
(ii) signing the questionnaire, certifying that the information provided is true and accurate; or
(b) submitting a bond in an amount and form determined by the commission with the concurrence of the director.
(2) A licensee, including an individual who holds an ownership interest in an unincorporated entity licensee, shall maintain financial responsibility throughout the period of licensure.
(3) The division may audit the financial responsibility of an applicant or licensee on a random basis or upon finding of a reasonable need.
(4) The burden to demonstrate financial responsibility is upon the applicant, licensee, or owner of an unincorporated entity licensee, as the case may be.
(5)
(a) In determining the financial responsibility of an applicant or licensee described in Subsection (1) that is an unincorporated entity, the division:
(i) shall consider the personal financial information of each individual who holds an ownership interest in the unincorporated entity; and
(ii) may, at any time:
(A) audit the personal financial information of any individual who holds an ownership interest in the unincorporated entity; or
(B) request and obtain a credit report on the individual.
(b) If, based on the personal financial information of one or more individuals who hold an ownership interest in the unincorporated entity, the division determines that the applicant or licensee lacks financial responsibility to engage successfully in business as a contractor, the division may:
(i) prohibit the individual or individuals from engaging in a construction trade;
(ii) prohibit the applicant or licensee from engaging in a construction trade, unless the individual or individuals dissociate from the applicant or licensee within 10 days after the division makes the determination of a lack of financial responsibility; or
(iii) require the individual or individuals, applicant, or licensee to submit a bond that is in a form determined by the commission with the concurrence of the director and in an amount that is:
(A) determined by the commission with the concurrence of the director; or
(B) 20% of the annual gross distributions from the unincorporated entity to its owners and that includes coverage for unpaid obligations incurred by the licensee contractor and any failure of the licensee contractor owners to pay income taxes and self-employment taxes on the gross distributions from the unincorporated entity to its owners.
Amended by Chapter 57, 2013 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 55 - Utah Construction Trades Licensing Act › Part 3 - Licensing › Section 307 - Confidentiality of records and reports.

Effective 5/10/2016
58-55-307.
Confidentiality of records and reports.
(1) Credit reports, financial statements, and other information submitted to the division by or at the request and direction of an applicant or licensee for the purpose of supporting a representation of financial responsibility:
(a) constitute protected records under Title 63G, Chapter 2, Government Records Access and Management Act; and
(b) notwithstanding Subsection (1)(a), may be considered by the commission in a public meeting, unless the owner of the information requests that the meeting be closed to the public in accordance with Title 52, Chapter 4, Open and Public Meetings Act.
(2) Notwithstanding the provisions of Title 63G, Chapter 2, Government Records Access and Management Act, the records described in Subsection (1) are not open for public inspection and are not subject to discovery in civil or administrative proceedings.
Amended by Chapter 238, 2016 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 55 - Utah Construction Trades Licensing Act › Part 3 - Licensing › Section 308.1 - Definitions -- Installation of natural gas facilities -- Scope of practice.

Effective 5/13/2014
58-55-308.1.
Definitions -- Installation of natural gas facilities -- Scope of practice.
(1) As used in this section:
(a) "Gas corporation" is as defined in Section 54-2-1.
(b) "Minimum system" means the minimum natural gas facilities necessary to serve each intended consumer, as determined by a gas corporation.
(c)
(i) "Natural gas facilities" means:
(A) one or more natural gas mains;
(B) one or more natural gas service lines; or
(C) a combination of Subsections (1)(c)(i)(A) and (B); and
(ii) "Natural gas facilities" includes any necessary appurtenant facilities.
(d)
(i) "Natural gas main" means a natural gas distribution pipeline that delivers natural gas to another natural gas distribution supply line or to a natural gas service line.
(ii) "Natural gas main" does not include a natural gas service line.
(e) "Natural gas service line" means a natural gas pipeline that carries natural gas from a natural gas main to a meter for use by the ultimate consumer.
(f) "Natural gas tariff specifications" means the standards and specifications:
(i) for the construction of natural gas facilities; and
(ii) that are:
(A) established by a gas corporation; and
(B) included in the gas corporation's tariff that is approved by the Public Service Commission.
(g) "Qualifying installer" means a person who:
(i) a gas corporation approves to install natural gas facilities; and
(ii) is:
(A) licensed under this chapter; and
(B) authorized to install natural gas facilities within the person's scope of practice as established by statute or administrative rule.
(2) A qualifying installer may install natural gas facilities.
(3)
(a) Except as provided in Subsections (3)(b) and (c), a qualifying installer shall pay the costs to install natural gas facilities.
(b) A gas corporation shall pay the costs of the following services related to natural gas facilities installed by a qualifying installer:
(i) engineering;
(ii) inspection;
(iii) mapping; and
(iv) locating.
(c) If a gas corporation requires a qualifying installer to install natural gas facilities that are greater than the minimum system, the gas corporation shall pay any difference in cost between the required natural gas facilities and the minimum system.
(4) A gas corporation shall inspect and test natural gas facilities that a qualifying installer installs to verify that the natural gas facilities comply with applicable federal, state, and local law and natural gas tariff specifications.
(5) A gas corporation is not required to supply natural gas to or accept ownership of natural gas facilities until the gas corporation completes all necessary inspections and testing to verify that the natural gas facilities have been installed and tested in compliance with applicable federal, state, and local law and natural gas tariff specifications.
Enacted by Chapter 326, 2014 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 55 - Utah Construction Trades Licensing Act › Part 3 - Licensing › Section 310 - Requirements when working for political subdivision or state agency.

58-55-310.
Requirements when working for political subdivision or state agency.
Each political subdivision and agency of the state and each board of education which requires the issuance of a permit or license as a precondition to the construction, alteration, improvement, demolition, or other repairs for which a contractor's license is also required under this chapter shall:
(1) require that each applicant for a permit or license file a signed statement that the applicant has a current contractor's license with the license number included in the application;
(2) require that any representation of exemption from the contractor's licensing law be included in the signed statement and that if that exempt person, firm, corporation, association, or other organization intends to hire a contractor to perform any work under the permit or license, that the license number of that contractor be included in the application, but if a contractor has not been selected at the time of the application for a permit or license, the permit or license shall be issued only on the condition that a currently licensed contractor will be selected and that the license number of the contractor will be given to the issuing public body and displayed on the permit or license;
(3) require that, upon issuance of a permit or license, the contractor affix the contractor's license number to that permit or license for public display; and
(4) require the contractor to provide proof that the contractor provides workers' compensation insurance, pays into the unemployment insurance fund, provides health insurance as required under federal or state law, and withholds applicable taxes from worker pay.
Amended by Chapter 57, 2013 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 55 - Utah Construction Trades Licensing Act › Part 3 - Licensing › Section 311 - Evidence of licensure.

58-55-311.
Evidence of licensure.
An individual licensed as an alarm company agent shall:
(1) carry a copy of the individual's license on the individual's person at all times while acting as a licensee;
(2) display the license upon the request of a peace officer, a representative of the division, or a representative of a customer of the alarm company.
Renumbered and Amended by Chapter 317, 2000 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 55 - Utah Construction Trades Licensing Act › Part 3 - Licensing › Section 312 - Interim and temporary permits for alarm company agents.

58-55-312.
Interim and temporary permits for alarm company agents.
(1) Upon receipt of a complete application for licensure in accordance with Section 58-55-302, an applicant for licensure as an alarm company agent may be issued:
(a) an interim permit; or
(b) subject to Subsection (3), a temporary permit.
(2)
(a) Each interim permit shall expire 90 days after it is issued or on the date on which the applicant is issued a license, whichever is earlier.
(b) The division may reissue an interim permit if the delay in approving a license is beyond the control or influence of the interim permit holder.
(3)
(a) The division may issue a temporary permit to an applicant for a license as an alarm company agent if:
(i) the division has received a background check on the applicant from the Bureau of Criminal Identification;
(ii)
(A) the applicant is or will be employed at a call center, office, or administrative facility of an alarm company; and
(B) the applicant's only contact with a customer or potential customer of the alarm company is:
(I) from the call center, office, or administrative facility; and
(II) by telephone or other remote communication method; and
(iii) the alarm company by which the applicant is or will be employed affirms in writing to the division that the applicant, if issued a temporary license, will act only within the scope of the temporary license, as provided in Subsection (3)(a)(ii).
(b) A temporary license under this section expires the earliest of:
(i) 90 days after it is issued;
(ii) the date on which the individual to whom the temporary license is issued leaves the employment of the alarm company that employs the individual at the time the temporary license is issued; and
(iii) the date on which the division issues a regular license to the applicant or denies the applicant's application.
(4) An interim permit holder may engage in the scope of an alarm company agent.
Amended by Chapter 387, 2010 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 55 - Utah Construction Trades Licensing Act › Part 4 - License Denial and Discipline › Section 401 - Grounds for denial of license and disciplinary proceedings.

Effective 5/12/2020
58-55-401.
Grounds for denial of license and disciplinary proceedings.
(1) In accordance with Section 58-1-401, the division may:
(a) refuse to issue a license to an applicant;
(b) refuse to renew the license of a licensee;
(c) revoke the right of a licensee to recover from the Residence Lien Recovery Fund created by Section 38-11-201;
(d) revoke, suspend, restrict, or place on probation the license of a licensee;
(e) issue a public or private reprimand to a licensee; and
(f) issue a cease and desist order.
(2) In addition to an action taken under Subsection (1), the division may take an action described in Subsection 58-1-401(2) in relation to a license as a contractor, if:
(a) the applicant or licensee is an unincorporated entity; and
(b) an individual who holds an ownership interest in or is the qualifier under Section 58-55-304 of the applicant or licensee engages in:
(i) unlawful conduct as described in Section 58-55-501; or
(ii) unprofessional conduct as described in Section 58-55-502.
Amended by Chapter 339, 2020 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 55 - Utah Construction Trades Licensing Act › Part 4 - License Denial and Discipline › Section 402 - Investigation of regulated activity.

58-55-402.
Investigation of regulated activity.
(1) The division shall be responsible for the investigation of persons and activities in violation of the provisions of this chapter.
(2)
(a) Investigation by the division shall include investigations of:
(i) licensees engaged in unlawful or unprofessional conduct; and
(ii) unlicensed persons engaged in the conduct of activity or work regulated under this chapter and for which a license is required.
(b)
(i) As used in this Subsection (2)(b), "sign contractor":
(A) means a sign installation contractor or nonelectrical outdoor advertising sign contractor, as classified and defined in division rules; and
(B) does not include a sign installation contractor or nonelectrical outdoor advertising sign contractor, as classified and defined in division rules, that is subject to Title 72, Chapter 7, Part 5, Utah Outdoor Advertising Act.
(ii) The division shall maintain a record of the number of unlicensed persons found to have engaged each year in the conduct of activity or work regulated under this chapter for which a license as a sign contractor is required, including the location where a violation occurred.
(3) The division shall decline to proceed with investigation of the violation of any provisions of this chapter if the division finds there is no apparent material jeopardy to the public health, safety, and welfare.
(4) The division shall have no responsibility for the inspection of construction work performed in the state to determine compliance with applicable codes, or industry and workmanship standards, except as provided in Subsections 58-1-501(2)(a)(vii), 58-55-502(2), (3), and (4), and 58-55-501(16).
(5) Authorized representatives of the division shall be permitted to enter upon the premises or site of work regulated under this chapter for the purpose of determining compliance with the provisions of this chapter.
Amended by Chapter 195, 2011 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 55 - Utah Construction Trades Licensing Act › Part 4 - License Denial and Discipline › Section 403 - Minimum time for division action.

58-55-403.
Minimum time for division action.
The division has at least five working days after receiving an application for licensure to determine whether to issue a license under this chapter.
Amended by Chapter 233, 2000 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 55 - Utah Construction Trades Licensing Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties › Section 504 - Crane operators -- Required certification -- Penalty for violation.

58-55-504.
Crane operators -- Required certification -- Penalty for violation.
(1) As used in this section:
(a) "Commercial construction projects" means construction, alteration, repair, demolition, or excavation projects that do not involve:
(i) single family detached housing;
(ii) multifamily attached housing up to and including a fourplex; or
(iii) commercial construction of not more than two stories above ground.
(b)
(i) "Crane operator" means an individual engaged in operating a crane, which for purposes of this section is a power-operated hoisting machine used in construction, demolition, or excavation work that has a power-operated winch, load-line, and boom moving laterally by the rotation of the machine on a carrier.
(ii) It does not include operating a fork lift, digger derrick truck, aircraft, bucket truck, knuckle boom, side boom, mechanic's truck, or a vehicle or machine not using a power-operated winch and load-line.
(2)
(a) In order to operate a crane on commercial construction projects, an individual shall be certified as a crane operator by the National Commission for the Certification of Crane Operators or any other organization determined by the division to offer an equivalent testing and certification program that meets the requirements of the American Society of Mechanical Engineers ASME B 30.5 and the accreditation requirements of the National Commission for Certifying Agencies.
(b) An individual who violates Subsection (2)(a) is guilty of a class A misdemeanor.
(3) An individual engaged in construction or operation incidental to petroleum refining or electrical utility construction or maintenance is exempt from the crane operator certification requirement of Subsection (2)(a).
Amended by Chapter 98, 2007 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 55 - Utah Construction Trades Licensing Act › Part 6 - Payment Provisions › Section 601 - Payment -- Account designated.

58-55-601.
Payment -- Account designated.
When making any payment to a materialman, supplier, contractor, or subcontractor with whom he has a running account, or with whom he has more than one contract, or to whom he is otherwise indebted, the contractor shall designate the contract under which the payment is made or the items of account to which it is to be applied. When a payment for materials or labor is made to a subcontractor or materialman, the subcontractor or materialman shall demand of the person making the payment a designation of the account and the items of account to which the payment is to apply. In cases where a lien is claimed for materials furnished or labor performed by a subcontractor or materialman, it is a defense to the claim that a payment was made by the owner to the contractor for the materials and was so designated and paid over to the subcontractor or materialman, if when the payment was received by the subcontractor or materialman, he did not demand a designation of the account and of the items of account to which the payment was to be applied.
Renumbered and Amended by Chapter 181, 1994 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 55 - Utah Construction Trades Licensing Act › Part 6 - Payment Provisions › Section 602 - Payment of construction funds -- Interest.

58-55-602.
Payment of construction funds -- Interest.
(1) All unpaid construction funds are payable to the contractor as provided in Section 13-8-5.
(2) On projects involving multiple buildings, each building shall be considered individually in determining the amount to be paid the contractor.
(3) Partial occupancy of a building requires payment in direct proportion to the value of the part of the building occupied.
(4) If any payment is retained or withheld, it shall be retained or withheld and released as provided in Section 13-8-5.
Amended by Chapter 365, 1999 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 55 - Utah Construction Trades Licensing Act › Part 6 - Payment Provisions › Section 603 - Payment to subcontractors and suppliers.

58-55-603.
Payment to subcontractors and suppliers.
(1) When a contractor receives any construction funds from an owner or another contractor for work performed and billed, he shall pay each of his subcontractors and suppliers in proportion to the percentage of the work they performed under that billing, unless otherwise agreed by contract.
(2) If, under this section and without reasonable cause, or unless otherwise agreed by contract, the contractor fails to pay for work performed by his subcontractors or suppliers within 30 consecutive days after receiving construction funds from the owner or another contractor for work performed and billed, or after the last day payment is due under the terms of the billing, whichever is later, he shall pay to the subcontractor or supplier, in addition to the payment, interest in the amount of 1% per month of the amount due, beginning on the day after payment is due, and reasonable costs of any collection and attorney's fees.
(3) When a subcontractor receives any construction payment under this section, Subsections (1) and (2) apply to that subcontractor.
Renumbered and Amended by Chapter 181, 1994 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 55 - Utah Construction Trades Licensing Act › Part 6 - Payment Provisions › Section 604 - Proof of licensure to maintain or commence action.

58-55-604.
Proof of licensure to maintain or commence action.
A contractor or alarm business or company may not act as agent or commence or maintain any action in any court of the state for collection of compensation for performing any act for which a license is required by this chapter without alleging and proving that the licensed contractor or alarm business or company was appropriately licensed when the contract sued upon was entered into, and when the alleged cause of action arose.
Amended by Chapter 377, 2008 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 55 - Utah Construction Trades Licensing Act › Part 6 - Payment Provisions › Section 605 - Pay statement required.

Effective 5/13/2014
58-55-605.
Pay statement required.
(1) On the day on which a person licensed under this chapter pays an individual for work that the individual performed, the person shall give the individual a written or electronic pay statement that states:
(a) the individual's name;
(b) the individual's base rate of pay;
(c) the dates of the pay period for which the individual is being paid;
(d) if paid hourly, the number of hours the individual worked during the pay period;
(e) the amount of and reason for any money withheld in accordance with state or federal law, including:
(i) state and federal income tax;
(ii) Social Security tax;
(iii) Medicare tax; and
(iv) court-ordered withholdings; and
(f) the total amount paid to the individual for that pay period.
(2) A person licensed under this chapter shall:
(a) comply with the requirements described in Subsection (1) regardless of whether the licensee pays the individual by check, cash, or other means;
(b) retain a copy of each pay statement described in Subsection (1) for at least three years after the day on which the person gives a copy of the pay statement to the individual; and
(c) upon request, make the pay statement records described in this section available to the division for inspection.
Enacted by Chapter 188, 2014 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 55 - Utah Construction Trades Licensing Act › Part 7 - Construction Business Registry › Section 701 - Definitions.

Effective 5/4/2022
58-55-701.
Definitions.
As used in this part, "licensed contractor" means a person licensed under this chapter.
Enacted by Chapter 436, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 55 - Utah Construction Trades Licensing Act › Part 7 - Construction Business Registry › Section 702 - Construction Business Registry.

Effective 5/4/2022
58-55-702.
Construction Business Registry.
(1) The division shall establish and maintain the Construction Business Registry as described in this section.
(2) The Construction Business Registry shall consist of a database of contact information for licensed contractors.
(3) Beginning January 1, 2023, the division shall ensure that the Construction Business Registry:
(a) is accessible to the public through an Internet website; and
(b) is indexed by:
(i) the name of the licensed contractor;
(ii) the name of the licensed contractor's licensed business;
(iii) the classification of the licensed contractor, as described in Section 58-55-301; and
(iv) any other identifier that the division considers reasonably appropriate.
(4) The division may link or otherwise associate the Construction Business Registry with the State Construction Registry under Title 38, Chapter 1a, Part 2, State Construction Registry.
(5)
(a) The division shall establish a process for a licensed contractor to:
(i) before entry into the Construction Business Registry, specify the licensed contractor's contact information that the licensed contractor wants included in the Construction Business Registry;
(ii) opt out of participation in the Construction Business Registry at any time; or
(iii) amend the licensed contractor's contact information in the Construction Business Registry at any time.
(b) If a licensed contractor does not specify the licensed contractor's contact information for the Construction Business Registry, the division shall include in the Construction Business Registry only public contact information for the licensed contractor.
Enacted by Chapter 436, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 55 - Utah Construction Trades Licensing Act › Part 7 - Construction Business Registry › Section 703 - Fees.

Effective 5/4/2022
58-55-703.
Fees.
The division may establish a fee for the entry of a licensed contractor's contact information into the Construction Business Registry, in accordance with Section 63J-1-504, to assist in offsetting the cost of creating, administering, and maintaining the Construction Business Registry.
Enacted by Chapter 436, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 55 - Utah Construction Trades Licensing Act › Part 7 - Construction Business Registry › Section 704 - Rulemaking.

Effective 5/4/2022
58-55-704.
Rulemaking.
The division may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish and maintain the Construction Business Registry in accordance with this part.
Enacted by Chapter 436, 2022 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 56 - Building Inspector and Factory Built Housing Licensing Act › Section 3 - Definitions.

58-56-3.
Definitions.
In addition to the definitions in Section 58-1-102, definitions in the following sections apply to this chapter:
(1) Section 15A-1-102;
(2) Section 15A-1-202; and
(3) Section 15A-1-302.
Amended by Chapter 14, 2011 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 56 - Building Inspector and Factory Built Housing Licensing Act › Section 3.5 - Surcharge fee.

Effective 5/14/2019
58-56-3.5.
Surcharge fee.
(1) In addition to any other fees authorized by this chapter or by the division in accordance with Section 63J-1-504, the division shall require each applicant for an initial license, renewal of a license, or reinstatement of a license under this chapter to pay a $1 surcharge fee.
(2) The surcharge fee shall be used by the division to provide each licensee under this chapter with access to an electronic reference library that provides web-based access to national, state, and local building codes and standards.
Enacted by Chapter 215, 2019 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 56 - Building Inspector and Factory Built Housing Licensing Act › Section 8.5 - Building Inspector Licensing Board.

58-56-8.5.
Building Inspector Licensing Board.
(1) There is created a Building Inspector Licensing Board consisting of four building inspectors and one member of the general public.
(2) The board shall be appointed and serve in accordance with Section 58-1-201.
(3) The duties and responsibilities of the board shall be in accordance with Sections 58-1-202 through 58-1-203. In addition, the board shall designate one of its members on a permanent or rotating basis to:
(a) assist the division in reviewing complaints concerning the unlawful or unprofessional conduct of a licensee; and
(b) advise the division in its investigation of these complaints.
(4) A board member who has, under Subsection (3), reviewed a complaint or advised in its investigation is disqualified from participating with the board when the board serves as a presiding officer of an administrative proceeding concerning the complaint.
Enacted by Chapter 262, 1995 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 56 - Building Inspector and Factory Built Housing Licensing Act › Section 9 - Qualifications of inspectors -- Contract for inspection services.

Effective 5/8/2018
58-56-9.
Qualifications of inspectors -- Contract for inspection services.
(1) An inspector employed by a local regulator, state regulator, or compliance agency to enforce the codes shall:
(a)
(i) meet minimum qualifications as established by the division in collaboration with the commission;
(ii) be certified by a nationally recognized organization which promulgates construction codes; or
(iii) pass an examination developed by the division in collaboration with the commission;
(b) be currently licensed by the division as meeting those minimum qualifications; and
(c) be subject to revocation or suspension of the inspector's license or being placed on probation if found guilty of unlawful or unprofessional conduct.
(2) A local regulator, state regulator, or compliance agency may contract for the services of a licensed inspector not regularly employed by the regulator or agency.
(3) In accordance with Section 58-1-401, the division may:
(a) refuse to issue a license to an applicant;
(b) refuse to renew the license of a licensee;
(c) revoke, suspend, restrict, or place on probation the license of a licensee;
(d) issue a public or private reprimand;
(e) issue a citation to a licensee; and
(f) issue a cease and desist order.
Amended by Chapter 229, 2018 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 56 - Building Inspector and Factory Built Housing Licensing Act › Section 9.1 - Unlawful conduct.

58-56-9.1.
Unlawful conduct.
Unlawful conduct is as defined in Subsection 58-1-501(1) and includes:
(1) engaging in the sale of factory built housing without being registered with the division as a dealer, unless the sale is exempt under Section 58-56-16;
(2) selling factory built housing within the state as a dealer without collecting and remitting to the division the fee required by Section 58-56-17;
(3) acting as a building inspector or representing oneself to be acting as a building inspector, unless licensed or exempted from licensure under this chapter or using the title building inspector or any other description, words, letters, or abbreviation indicating that the person is a building inspector if the person has not been licensed under this chapter;
(4) acting as a building inspector beyond the scope of the license held under this chapter; and
(5) hiring or employing in any manner an unlicensed person as a building inspector, unless exempted from licensure under this chapter.
Enacted by Chapter 145, 2007 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 56 - Building Inspector and Factory Built Housing Licensing Act › Section 9.3 - Unprofessional conduct.

Effective 5/8/2018
58-56-9.3.
Unprofessional conduct.
Unprofessional conduct is as defined in Subsection 58-1-501(2) and includes:
(1) knowingly failing to inspect or issue correction notices for code violations which when left uncorrected would constitute a hazard to the public health and safety and knowingly failing to require that correction notices are complied with as a building inspector;
(2) the use of alcohol or the illegal use of drugs while performing duties as a building inspector or at any time to the extent that the inspector is physically or mentally impaired and unable to effectively perform the duties of an inspector;
(3) gross negligence in the performance of official duties as a building inspector;
(4) the personal use of information or knowingly revealing information to unauthorized persons when that information has been obtained by a building inspector as a result of the inspector's employment, work, or position as an inspector;
(5) unlawful acts or practices which are clearly unethical under generally recognized standards of conduct of a building inspector;
(6) engaging in fraud or knowingly misrepresenting a fact relating to the performance of duties and responsibilities as a building inspector;
(7) a building inspector knowingly failing to require that all plans, specifications, drawings, documents, and reports be stamped by architects, professional engineers, or both as established by law;
(8) a building inspector knowingly failing to report to the division an act or omission of a licensee under Title 58, Chapter 55, Utah Construction Trades Licensing Act, which when left uncorrected constitutes a hazard to public health and safety;
(9) a building inspector knowingly failing to report to the division unlicensed practice persons who are required to be licensed under Title 58, Chapter 55, Utah Construction Trades Licensing Act;
(10) a building inspector's approval of work which materially varies from approved documents that have been stamped by an architect, professional engineer, or both unless authorized by the licensed architect, professional engineer, or both;
(11) a building inspector failing to produce verification of current licensure and current certifications for the codes upon request of the division, a compliance agency, or a contractor or property owner whose work is being inspected;
(12) a building inspector requiring work that materially varies from the building codes adopted by the state;
(13) nondelivery of goods or services by a registered dealer which constitutes a breach of contract by the dealer;
(14) the failure of a registered dealer to pay a subcontractor or supplier any amounts to which that subcontractor or supplier is legally entitled; and
(15) any other activity which is defined as unprofessional conduct by division rule in accordance with the provisions of Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Amended by Chapter 229, 2018 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 56 - Building Inspector and Factory Built Housing Licensing Act › Section 9.4 - Investigation of regulated activity.

Effective 5/8/2018
58-56-9.4.
Investigation of regulated activity.
(1) The division is responsible for the investigation of a person or an activity that violates the provisions of this chapter.
(2) An investigation by the division may include:
(a) a requirement that potential administrative appeals described in Section 15A-1-207 have been exhausted before conducting the investigation;
(b) an investigation of a person engaged in unlawful or unprofessional conduct; and
(c) a referral to the Uniform Building Code Commission to review a dispute involving an application or interpretation of a building code or construction law by a licensee.
Enacted by Chapter 229, 2018 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 56 - Building Inspector and Factory Built Housing Licensing Act › Section 15.1 - Factory built housing set-up contractor license.

58-56-15.1.
Factory built housing set-up contractor license.
(1) The scope of the work included under a factory built housing set-up contractor license includes:
(a) the placement or securing, or both placement and securing, of the factory built housing on a permanent or temporary foundation;
(b) securing units together, if required; and
(c) connection of the utilities to a factory built housing unit.
(2) The scope of work included under a factory built housing set-up contractor license does not include:
(a) site preparation;
(b) construction of a permanent foundation; and
(c) construction of utility services to the near proximity of the factory built housing unit.
(3) If a dealer is not licensed as a factory built housing set-up contractor, that individual must subcontract the connection services to an individual who is licensed by the division to perform those specific functions under Title 58, Chapter 55, Utah Construction Trades Licensing Act.
Enacted by Chapter 14, 2011 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 56 - Building Inspector and Factory Built Housing Licensing Act › Section 16 - Registration of dealers -- Bonding requirements -- Renewal -- Exemptions -- Discipline.

58-56-16.
Registration of dealers -- Bonding requirements -- Renewal -- Exemptions -- Discipline.
(1) Each person engaged in the sale of factory built housing in the state, except as provided in Subsection (4), shall register with the division as a dealer.
(2) Each applicant for registration under this section shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 63J-1-504; and
(c) provide the division with a registration bond in accordance with rules established by the division.
(3)
(a) The division shall issue each registration under this section in accordance with a two-year renewal cycle established by rule.
(b) The division may by rule extend or shorten a renewal cycle by as much as one year to stagger the renewal cycles it administers.
(c) Each registration under this section automatically expires on the expiration date on the certificate of registration unless the registrant renews it in accordance with Section 58-1-308.
(4) Subsection (1) does not apply to:
(a) a person not regularly engaged in the sale of factory built housing who is selling a unit the person owns for the person's own account;
(b) a principal broker licensed under Title 61, Chapter 2f, Real Estate Licensing and Practices Act; or
(c) a sales agent or associate broker licensed under Title 61, Chapter 2f, Real Estate Licensing and Practices Act, who sells factory built housing as an agent for, and under the supervision of, the principal broker with whom the sales agent or associate broker is affiliated.
(5) Grounds for refusing to issue a registration, for refusing to renew a registration, for revoking, suspending, restricting, or placing on probation a registration, for issuing a public or private reprimand to a registrant, and for issuing a cease and desist order shall be in accordance with Section 58-1-401.
Amended by Chapter 379, 2010 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 56 - Building Inspector and Factory Built Housing Licensing Act › Section 17 - Fees on sale -- Escrow agents -- Sales tax.

58-56-17.
Fees on sale -- Escrow agents -- Sales tax.
(1) A dealer shall collect and remit a fee of $25 to the division for each factory built home the dealer sells that, as of the date of the sale, has not been permanently affixed to real property and converted to real property as provided in Section 70D-2-401. The fee shall be payable within 30 days following the close of each calendar quarter for all units sold during that calendar quarter. The fee shall be deposited in a restricted account as provided in Section 58-56-17.5.
(2) A principal real estate broker, associate broker, or sales agent exempt from registration as a dealer under Section 58-56-16 who sells a factory built home that has not been permanently affixed to real property shall close the sale only through a qualified escrow agent in this state registered with the Insurance Department or the Department of Financial Institutions.
(3) An escrow agent through which a sale is closed under Subsection (2) shall remit all required sales tax to the state.
Amended by Chapter 262, 2013 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 56 - Building Inspector and Factory Built Housing Licensing Act › Section 17.5 - Factory Built Housing Fees Restricted Account.

58-56-17.5.
Factory Built Housing Fees Restricted Account.
(1) There is created within the General Fund a restricted account known as "Factory Built Housing Fees Account."
(2)
(a) The restricted account shall be funded from the fees the dealer collects and remits to the division for each factory built home the dealer sells as provided in Subsection 58-56-17(1).
(b) The division shall deposit all money collected under Subsection 58-56-17(1) in the restricted account.
(c) The restricted account shall be used to pay for education and enforcement of this chapter and Title 15A, Chapter 1, Part 3, Factory Built Housing and Modular Units Administration Act, including investigations and administrative actions and the funding of additional employees to the amount of the legislative appropriation.
(d) The restricted account may accrue interest which shall be deposited into the restricted account.
Amended by Chapter 14, 2011 General Session
2023 Utah Code › Title 58 - Occupations and Professions › Chapter 57 - Respiratory Care Practices Act › Section 3 - Board created -- Membership -- Duties.

58-57-3.
Board created -- Membership -- Duties.
(1) There is created a five-member Respiratory Care Licensing Board consisting of the following persons:
(a) one physician who is a member of either the American Society of Anesthesiologists, the American College of Chest Physicians, the American Thoracic Society, or the American Academy of Pediatrics;
(b) three licensed respiratory care practitioners who have practiced respiratory care for a period of not less than three years immediately preceding their appointment to the board; and
(c) one member from the general public.
(2) The board shall be appointed and serve in accordance with Section 58-1-201.
(3) The duties and responsibilities of the board shall be in accordance with Sections 58-1-202 and 58-1-203.
Amended by Chapter 297, 1993 General Session