58-55-302 - Qualifications for licensure.
58-55-302. Qualifications for licensure.
(1) Each applicant for a license under this chapter shall:
(a) submit an application prescribed by the division;
(b) pay a fee as determined by the department under Section 63J-1-504;
(c) (i) meet the examination requirements established by rule by the commission with theconcurrence of the director, except for the classifications of apprentice plumber and apprenticeelectrician for whom no examination is required; or
(ii) if required in Section 58-55-304, the individual qualifier must pass the requiredexamination if the applicant is a business entity;
(d) if an apprentice, identify the proposed supervisor of the apprenticeship;
(e) if an applicant for a contractor's license:
(i) produce satisfactory evidence of financial responsibility, except for a constructiontrades instructor for whom evidence of financial responsibility is not required;
(ii) produce satisfactory evidence of knowledge and experience in the constructionindustry and knowledge of the principles of the conduct of business as a contractor, reasonablynecessary for the protection of the public health, safety, and welfare; and
(iii) be a licensed master electrician if an applicant for an electrical contractor's license ora licensed master residential electrician if an applicant for a residential electrical contractor'slicense;
(iv) be a licensed master plumber if an applicant for a plumbing contractor's license or alicensed master residential plumber if an applicant for a residential plumbing contractor's license;or
(v) be a licensed elevator mechanic and produce satisfactory evidence of three yearsexperience as an elevator mechanic if an applicant for an elevator contractor's license; and
(f) if an applicant for a construction trades instructor license, satisfy any additionalrequirements established by rule.
(2) After approval of an applicant for a contractor's license by the applicable board andthe division, the applicant shall file the following with the division before the division issues thelicense:
(a) proof of workers' compensation insurance which covers employees of the applicant inaccordance with applicable Utah law;
(b) proof of public liability insurance in coverage amounts and form established by ruleexcept for a construction trades instructor for whom public liability insurance is not required; and
(c) proof of registration as required by applicable law with the:
(i) Utah Department of Commerce;
(ii) Division of Corporations and Commercial Code;
(iii) Unemployment Insurance Division in the Department of Workforce Services, forpurposes of Title 35A, Chapter 4, Employment Security Act;
(iv) State Tax Commission; and
(v) Internal Revenue Service.
(3) In addition to the general requirements for each applicant in Subsection (1),applicants shall comply with the following requirements to be licensed in the followingclassifications:
(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 degreefollowing the completion of a course of study approved by the division and had one year ofsupervisory experience as a licensed journeyman plumber in accordance with division rule; or
(C) meets the qualifications determined by the division in collaboration with the board tobe equivalent to Subsection (3)(a)(i)(A) or (B).
(ii) An individual holding a valid Utah license as a journeyman plumber, based on atleast four years of practical experience as a licensed apprentice under the supervision of alicensed journeyman plumber and four years as a licensed journeyman plumber, in effectimmediately prior to May 5, 2008, is on and after May 5, 2008, considered to hold a currentmaster 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.
(iii) An individual holding a valid plumbing contractor's license or residential plumbingcontractor's license, in effect immediately prior to May 5, 2008, is on or after May 5, 2008:
(A) considered to hold a current master plumber license under this chapter if licensed asa plumbing contractor and a journeyman plumber, and satisfies the requirements of thisSubsection (3)(a) for purposes of renewal or reinstatement of that license under Section58-55-303; and
(B) considered to hold a current residential master plumber license under this chapter iflicensed as a residential plumbing contractor and a residential journeyman plumber, and satisfiesthe requirements of this Subsection (3)(a) for purposes of renewal or reinstatement of that licenseunder Section 58-55-303.
(b) A master residential plumber applicant shall produce satisfactory evidence that theapplicant:
(i) has been a licensed residential journeyman plumber for at least two years and had twoyears of supervisory experience as a licensed residential journeyman plumber in accordance withdivision rule; or
(ii) meets the qualifications determined by the division in collaboration with the board tobe equivalent to Subsection (3)(b)(i).
(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 andinstruction as a licensed apprentice plumber under supervision of a licensed master plumber orjourneyman plumber and in accordance with a planned program of training approved by thedivision;
(ii) at least eight years of full-time experience approved by the division in collaborationwith the Plumbers Licensing Board; or
(iii) satisfactory evidence of meeting the qualifications determined by the board to beequivalent to Subsection (3)(c)(i) or (c)(ii).
(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 instructionas a licensed apprentice plumber under the supervision of a licensed residential master plumber,licensed residential journeyman plumber, or licensed journeyman plumber in accordance with aplanned program of training approved by the division;
(ii) completion of at least six years of full-time experience in a maintenance or repairtrade involving substantial plumbing work; or
(iii) meeting the qualifications determined by the board to be equivalent to Subsection(3)(d)(i) or (d)(ii).
(e) The conduct of licensed apprentice plumbers and their licensed supervisors shall be inaccordance with the following:
(i) while engaging in the trade of plumbing, a licensed apprentice plumber shall be underthe immediate supervision of a licensed master plumber, licensed residential master plumber,licensed journeyman plumber, or a licensed residential journeyman plumber; and
(ii) a licensed apprentice plumber in the fourth through tenth year of training may workwithout supervision for a period not to exceed eight hours in any 24-hour period, but if theapprentice does not become a licensed journeyman plumber or licensed residential journeymanplumber by the end of the tenth year of apprenticeship, this nonsupervision provision no longerapplies.
(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 thedivision 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 appliedsciences 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 determined by the board to be equivalent to Subsection(3)(f)(i), (ii), or (iii).
(g) A master residential electrician applicant shall produce satisfactory evidence that theapplicant:
(i) has at least two years of practical experience as a residential journeyman electrician;or
(ii) meets the qualifications determined by the board to be equivalent to this practicalexperience.
(h) A journeyman electrician applicant shall produce satisfactory evidence that theapplicant:
(i) has successfully completed at least four years of full-time training and instruction as alicensed apprentice electrician under the supervision of a master electrician or journeymanelectrician 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 incollaboration with the Electricians Licensing Board; or
(iii) meets the qualifications determined by the board to be equivalent to Subsection(3)(h)(i) or (ii).
(i) A residential journeyman electrician applicant shall produce satisfactory evidence thatthe applicant:
(i) has successfully completed two years of training in an electrical training programapproved by the division;
(ii) has four years of practical experience in wiring, installing, and repairing electricalapparatus 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 determined by the division and applicable board to beequivalent to Subsection (3)(i)(i) or (ii).
(j) The conduct of licensed apprentice electricians and their licensed supervisors shall bein accordance with the following:
(i) A licensed apprentice electrician shall be under the immediate supervision of alicensed master, journeyman, residential master, or residential journeyman electrician. Anapprentice in the fourth year of training may work without supervision for a period not to exceedeight hours in any 24-hour period.
(ii) A licensed master, journeyman, residential master, or residential journeymanelectrician may have under immediate supervision on a residential project up to three licensedapprentice electricians.
(iii) A licensed master or journeyman electrician may have under immediate supervisionon nonresidential projects only one licensed apprentice electrician.
(k) An alarm company applicant shall:
(i) have a qualifying agent who is an officer, director, partner, proprietor, or manager ofthe applicant who:
(A) demonstrates 6,000 hours of experience in the alarm company business;
(B) demonstrates 2,000 hours of experience as a manager or administrator in the alarmcompany business or in a construction business; and
(C) passes an examination component established by rule by the commission with theconcurrence of the director;
(ii) if a corporation, provide:
(A) the names, addresses, dates of birth, Social Security numbers, and fingerprint cardsof all corporate officers, directors, and those responsible management personnel employed withinthe state or having direct responsibility for managing operations of the applicant within the state;and
(B) the names, addresses, dates of birth, Social Security numbers, and fingerprint cardsof all shareholders owning 5% or more of the outstanding shares of the corporation, except thisshall not be required if the stock is publicly listed and traded;
(iii) if a limited liability company, provide:
(A) the names, addresses, dates of birth, Social Security numbers, and fingerprint cardsof all company officers, and those responsible management personnel employed within the stateor having direct responsibility for managing operations of the applicant within the state; and
(B) the names, addresses, dates of birth, Social Security numbers, and fingerprint cardsof all individuals owning 5% or more of the equity of the company;
(iv) if a partnership, provide the names, addresses, dates of birth, Social Securitynumbers, and fingerprint cards of all general partners, and those responsible managementpersonnel employed within the state or having direct responsibility for managing operations ofthe applicant within the state;
(v) if a proprietorship, provide the names, addresses, dates of birth, Social Securitynumbers, and fingerprint cards of the proprietor, and those responsible management personnelemployed within the state or having direct responsibility for managing operations of the applicantwithin the state;
(vi) if a trust, provide the names, addresses, dates of birth, Social Security numbers, andfingerprint cards of the trustee, and those responsible management personnel employed withinthe state or having direct responsibility for managing operations of the applicant within the state;
(vii) be of good moral character in that officers, directors, shareholders described in
Subsection (3)(k)(ii)(B), partners, proprietors, trustees, and responsible management personnelhave not been convicted of a felony, a misdemeanor involving moral turpitude, or any othercrime that when considered with the duties and responsibilities of an alarm company isconsidered by the board to indicate that the best interests of the public are served by granting theapplicant a license;
(viii) document that none of the applicant's officers, directors, shareholders described inSubsection (3)(k)(ii)(B), partners, proprietors, trustees, and responsible management personnelhave been declared by any court of competent jurisdiction incompetent by reason of mentaldefect or disease and not been restored;
(ix) document that none of the applicant's officers, directors, shareholders described inSubsection (3)(k)(ii)(B), partners, proprietors, and responsible management personnel arecurrently suffering from habitual drunkenness or from drug addiction or dependence;
(x) file and maintain with the division evidence of:
(A) comprehensive general liability insurance in form and in amounts to be establishedby rule by the commission with the concurrence of the director;
(B) workers' compensation insurance that covers employees of the applicant inaccordance 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, forpurposes of Title 35A, Chapter 4, Employment Security Act;
(III) State Tax Commission; and
(IV) Internal Revenue Service; and
(xi) meet with the division and board.
(l) Each applicant for licensure as an alarm company agent shall:
(i) submit an application in a form prescribed by the division accompanied by fingerprintcards;
(ii) pay a fee determined by the department under Section 63J-1-504;
(iii) be of good moral character in that the applicant has not been convicted of a felony, amisdemeanor involving moral turpitude, or any other crime that when considered with the dutiesand responsibilities of an alarm company agent is considered by the board to indicate that thebest interests of the public are served by granting the applicant a license;
(iv) not have been declared by any court of competent jurisdiction incompetent by reasonof mental defect or disease and not been restored;
(v) not be currently suffering from habitual drunkenness or from drug addiction ordependence; and
(vi) meet with the division and board if requested by the division or the board.
(m) (i) Each applicant for licensure as an elevator mechanic shall:
(A) provide documentation of experience and education credits of not less than threeyears work experience in the elevator industry, in construction, maintenance, or service andrepair; and
(B) satisfactorily complete a written examination administered by the divisionestablished by rule under Section 58-1-203; or
(C) provide certificates of completion of an apprenticeship program for elevatormechanics, 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 apprenticeshipcouncil.
(ii) (A) If an elevator contractor licensed under this chapter cannot find a licensedelevator mechanic to perform the work of erecting, constructing, installing, altering, servicing,repairing, or maintaining an elevator, the contractor may:
(I) notify the division of the unavailability of licensed personnel; and
(II) request the division issue a temporary elevator mechanic license to an individualcertified by the contractor as having an acceptable combination of documented experience andeducation to perform the work described in Subsection (3)(m)(ii)(A).
(B) (I) The division may issue a temporary elevator mechanic license to an individualcertified under Subsection (3)(m)(ii)(A)(II) upon application by the individual, accompanied bythe appropriate fee as determined by the department under Section 63J-1-504.
(II) The division shall specify the time period for which the license is valid and mayrenew the license for an additional time period upon its determination that a shortage of licensedelevator mechanics continues to exist.
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, thedivision may make rules establishing when Federal Bureau of Investigation records shall bechecked for applicants as an alarm company or alarm company agent.
(5) To determine if an applicant meets the qualifications of Subsections (3)(k)(vii) and(3)(l)(iii), the division shall provide an appropriate number of copies of fingerprint cards to theDepartment of Public Safety with the division's request to:
(a) conduct a search of records of the Department of Public Safety for criminal historyinformation relating to each applicant for licensure as an alarm company or alarm company agentand each applicant's officers, directors, shareholders described in Subsection (3)(k)(ii)(B),partners, proprietors, and responsible management personnel; and
(b) forward to the Federal Bureau of Investigation a fingerprint card of each applicantrequiring a check of records of the F.B.I. for criminal history information under this section.
(6) The Department of Public Safety shall send to the division:
(a) a written record of criminal history, or certification of no criminal history record, ascontained in the records of the Department of Public Safety in a timely manner after receipt of afingerprint card from the division and a request for review of Department of Public Safetyrecords; and
(b) the results of the F.B.I. review concerning an applicant in a timely manner afterreceipt of information from the F.B.I.
(7) (a) The division shall charge each applicant for licensure as an alarm company oralarm company agent a fee, in accordance with Section 63J-1-504, equal to the cost ofperforming the records reviews under this section.
(b) The division shall pay the Department of Public Safety the costs of all recordsreviews, and the Department of Public Safety shall pay the F.B.I. the costs of records reviewsunder this section.
(8) Information obtained by the division from the reviews of criminal history records ofthe Department of Public Safety and the F.B.I. shall be used or disseminated by the division onlyfor the purpose of determining if an applicant for licensure as an alarm company or alarmcompany agent is qualified for licensure.
(9) (a) An application for licensure under this chapter shall be denied if:
(i) the applicant has had a previous license, which was issued under this chapter,suspended or revoked within one year prior to 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 theapplicant, 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 anysimilar capacity with any person or entity which has had a previous license, which was issuedunder this chapter, suspended or revoked within one year prior to the date of the applicant'sapplication; 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 inSubsection (9)(a)(ii)(B) in any entity which has had a previous license, which was issued underthis chapter, suspended or revoked within one year prior to the date of the applicant's application.
(b) An application for licensure under this chapter shall be reviewed by the appropriatelicensing board prior to approval if:
(i) the applicant has had a previous license, which was issued under this chapter,suspended or revoked more than one year prior to 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 theapplicant, 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 anysimilar capacity with any person or entity which has had a previous license, which was issuedunder this chapter, suspended or revoked more than one year prior to the date of the applicant'sapplication; 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 inSubsection (9)(b)(ii)(B) in any entity which has had a previous license, which was issued underthis chapter, suspended or revoked more than one year prior to the date of the applicant'sapplication.
Amended by Chapter 227, 2010 General Session
Amended by Chapter 372, 2010 General Session