58-56-9.3 - Unprofessional conduct.
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 whichwhen left uncorrected would constitute a hazard to the public health and safety and knowinglyfailing 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 buildinginspector or at any time to the extent that the inspector is physically or mentally impaired andunable 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 unauthorizedpersons when that information has been obtained by a building inspector as a result of theinspector's employment, work, or position as an inspector;
(5) unlawful acts or practices which are clearly unethical under generally recognizedstandards of conduct of a building inspector;
(6) engaging in fraud or knowingly misrepresenting a fact relating to the performance ofduties 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 asestablished by law;
(8) a building inspector knowingly failing to report to the division an act or omission of alicensee under Title 58, Chapter 55, Utah Construction Trades Licensing Act, which when leftuncorrected constitutes a hazard to public health and safety;
(9) a building inspector knowingly failing to report to the division unlicensed practicepersons who are required to be licensed under Title 58, Chapter 55, Utah Construction TradesLicensing Act;
(10) a building inspector's approval of work which materially varies from approveddocuments that have been stamped by an architect, professional engineer, or both unlessauthorized by the licensed architect, professional engineer, or both;
(11) a building inspector failing to produce verification of current licensure and currentcertifications for the codes upon request of the division, a compliance agency, or a contractor orproperty owner whose work is being inspected;
(12) nondelivery of goods or services by a registered dealer which constitutes a breach ofcontract by the dealer;
(13) the failure of a registered dealer to pay a subcontractor or supplier any amounts towhich that subcontractor or supplier is legally entitled; and
(14) any other activity which is defined as unprofessional conduct by division rule inaccordance with the provisions of Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Amended by Chapter 310, 2010 General Session