38-11-102 - Definitions.
38-11-102. Definitions.
(1) "Board" means the Residence Lien Recovery Fund Advisory Board established underSection 38-11-104.
(2) "Certificate of compliance" means an order issued by the director to the ownerfinding that the owner is in compliance with the requirements of Subsections 38-11-204(4)(a)and (4)(b) and is entitled to protection under Section 38-11-107.
(3) "Construction on an owner-occupied residence" means designing, engineering,constructing, altering, remodeling, improving, repairing, or maintaining a new or existingresidence.
(4) "Department" means the Department of Commerce.
(5) "Director" means the director of the Division of Occupational and ProfessionalLicensing.
(6) "Division" means the Division of Occupational and Professional Licensing.
(7) "Duplex" means a single building having two separate living units.
(8) "Encumbered fund balance" means the aggregate amount of outstanding claimsagainst the fund. The remainder of monies in the fund are unencumbered funds.
(9) "Executive director" means the executive director of the Department of Commerce.
(10) "Factory built housing" is as defined in Section 58-56-3.
(11) "Factory built housing retailer" means a person that sells factory built housing toconsumers.
(12) "Fund" means the Residence Lien Recovery Fund established under Section38-11-201.
(13) "Laborer" means a person who provides services at the site of the construction on anowner-occupied residence as an employee of an original contractor or other qualified beneficiaryperforming qualified services on the residence.
(14) "Licensee" means any holder of a license issued under Title 58, Chapters 3a, 22, 53,and 55.
(15) "Nonpaying party" means the original contractor, subcontractor, or real estatedeveloper who has failed to pay the qualified beneficiary making a claim against the fund.
(16) "Original contractor" means a person who contracts with the owner of real propertyor the owner's agent to provide services, labor, or material for the construction of anowner-occupied residence.
(17) "Owner" means a person who:
(a) contracts with a person who is licensed as a contractor or is exempt from licensureunder Title 58, Chapter 55, Utah Construction Trades Licensing Act, for the construction on anowner-occupied residence upon real property owned by that person;
(b) contracts with a real estate developer to buy a residence upon completion of theconstruction on the owner-occupied residence; or
(c) buys a residence from a real estate developer after completion of the construction onthe owner-occupied residence.
(18) "Owner-occupied residence" means a residence that is, or after completion of theconstruction on the residence will be, occupied by the owner or the owner's tenant or lessee as aprimary or secondary residence within 180 days from the date of the completion of theconstruction on the residence.
(19) "Qualified beneficiary" means a person who:
(a) provides qualified services;
(b) pays necessary fees or assessments required under this chapter; and
(c) registers with the division:
(i) as a licensed contractor under Subsection 38-11-301(1) or (2), if that person seeksrecovery from the fund as a licensed contractor; or
(ii) as a person providing qualified services other than as a licensed contractor underSubsection 38-11-301(3) if the person seeks recovery from the fund in a capacity other than as alicensed contractor.
(20) (a) "Qualified services" means the following performed in construction on anowner-occupied residence:
(i) contractor services provided by a contractor licensed or exempt from licensure underTitle 58, Chapter 55, Utah Construction Trades Licensing Act;
(ii) architectural services provided by an architect licensed under Title 58, Chapter 3a,Architects Licensing Act;
(iii) engineering and land surveying services provided by a professional engineer or landsurveyor licensed or exempt from licensure under Title 58, Chapter 22, Professional Engineersand Professional Land Surveyors Licensing Act;
(iv) landscape architectural services by a landscape architect licensed or exempt fromlicensure under Title 58, Chapter 53, Landscape Architects Licensing Act;
(v) design and specification services of mechanical or other systems;
(vi) other services related to the design, drawing, surveying, specification, costestimation, or other like professional services;
(vii) providing materials, supplies, components, or similar products;
(viii) renting equipment or materials;
(ix) labor at the site of the construction on the owner-occupied residence; and
(x) site preparation, set up, and installation of factory built housing.
(b) "Qualified services" do not include the construction of factory built housing in thefactory.
(21) "Real estate developer" means a person having an ownership interest in realproperty who:
(a) contracts with a person who is licensed as a contractor or is exempt from licensureunder Title 58, Chapter 55, Utah Construction Trades Licensing Act, for the construction of aresidence that is offered for sale to the public; or
(b) is a licensed contractor under Title 58, Chapter 55, Utah Construction TradesLicensing Act, who engages in the construction of a residence that is offered for sale to thepublic.
(22) (a) "Residence" means an improvement to real property used or occupied, to be usedor occupied as, or in conjunction with:
(i) a primary or secondary detached single-family dwelling; or
(ii) a multifamily dwelling up to and including duplexes.
(b) "Residence" includes factory built housing.
(23) "Subsequent owner" means a person who purchases a residence from an ownerwithin 180 days from the date the construction on the residence is completed.
Amended by Chapter 84, 2007 General Session