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[Utah Administrative Code Table of Contents]
[Title R156. Table of Contents]
R156-55a-101 Title.
These rules shall be known as the "Utah Construction Trades Licensing Act Rules".
R156-55a-102 Definitions.
In addition to the definitions in Title 58, Chapters 1 and 55, as defined or used in these rules:
(1) "Construction of a permanent foundation" as used in the context of factory built housing means the construction of a basement or a crawl space of more than 4 feet 6 inches in height, for use with a factory built housing unit, which is constructed of wood, concrete block or placed concrete.
(2) "Construction of utility services to close proximity of the factory built housing unit" means construction of gas lines, electrical conduit or wires, sewer lines and water lines from the utility source to and including the meter or meters as required. Individuals performing the above work shall meet the requirements of Subsection 58-55-305 (8)(b).
(3) "Employee", as used in Subsections 58-55-102 (7) and 58-55-102 (9), means an individual who is working or providing services for compensation paid in the form of wages or salary from which there is withheld or should be withheld income taxes or social security taxes under applicable law; or who meets any other definition of an employee established by the Industrial Commission of the state of Utah or the Internal Revenue Service of the United States government.
(4) "Incidental to the performance of his licensed craft or trade" as used in Subsection 58-55-102 (31) means work which:
(a) can be safely and competently performed by the specialty contractor;
(b) arises from and is directly related to work performed in the licensed specialty classification; and
(c) is substantially less in scope and magnitude when compared to the work performed or to be performed by the specialty contractor in the licensed specialty classification.
(5) "Maintenance" means the repair, replacement and refinishing of any component of an existing structure; but, does not include alteration or modification to the existing weight-bearing structural components.
(6) "Mechanical", as used in Subsections 58-55-102 (12) and 58-55-102 (24) means the work which may be performed by a S350 HVAC Contractor under Subsection R156-55a-301(3).
(7) "Personal property" means, as it relates to Title 58, Chapter 56, factory built housing and modular construction, a structure which is titled by the Motor Vehicles Division, state of Utah, and taxed as personal property.
(8) "Site preparation" as used in the context of factory built housing means excavating of the ground in the area where a basement is to be constructed and the back filling and grading around the basement.
(9) "Unprofessional conduct" defined in Title 58, Chapters 1 and 55, is further defined in accordance with Subsection 58-1-203 (5) in Section R156-55a-501.
R156-55a-103 Authority.
These rules are adopted by the division under the authority of Subsection 58-1-106 (1) to enable the division to administer Title 58, Chapter 55.
R156-55a-104 Organization - Relationship to Rule R156-1.
The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-107.
R156-55a-301 License Classifications - Scope of Practice.
(1) In accordance with Subsection 58-55-301 (2), the classifications of licensure are listed and described in this section. The construction trades or specialty contractor classifications listed are those determined to significantly impact the public health, safety, and welfare. A person who is practicing a construction trade or specialty contractor classification which is not listed is exempt from licensure in accordance with Subsection 58-55-305 (9).
(2) Licenses shall be issued in the following primary classifications and subclassifications:
E100 - General Engineering Contractor. A General Engineering contractor is a contractor licensed to perform work as defined in Subsection 58-55-102 (13).
B100 - General Building Contractor. A General Building contractor is a contractor licensed to perform work as defined in Subsection 58-55-102 (12).
R100 - Residential and Small Commercial Contractor. A Residential and Small Commercial contractor is a contractor licensed to perform work as defined in Subsection 58-55-102 (24).
R101 - Residential and Small Commercial Non Structural Remodeling and Repair. Remodeling and repair to any existing structure built for support, shelter and enclosure of persons, animals, chattels or movable property of any kind with the restriction that no change is made to the bearing portions of the existing structure, including footings, foundation and weight bearing walls; and the entire project is less than $25,000 in total cost.
R200 - Factory Built Housing Set Up Contractor. Set up or installation of manufactured housing on a temporary or permanent basis. The scope of the work permitted under this classification includes placement of the manufactured housing on a permanent or temporary foundation, securing the units together if required, securing the manufactured housing to the foundation, and connection of the utilities from the near proximity, such as a meter, to the manufactured housing unit and construction of foundations of less than four feet six inches in height. Work excluded from this classification includes site preparation or finishing, excavation of the ground in the area where a foundation is to be constructed, back filling and grading around the foundation, construction of foundations of more than four feet six inches in height and construction of utility services from the utility source to and including the meter or meters if required or if not required to the near proximity of the manufactured housing unit from which they are connected to the unit.
I101 - General Engineering Trades Instructor. A General Engineering Trades Instructor is a construction trades instructor authorized to teach the construction trades and is subject to the scope of practice defined in Subsection 58-55-102 (13).
I102 - General Building Trades Instructor. A General Building Trades Instructor is a construction trades instructor authorized to teach the construction trades and is subject to the scope of practice defined in Subsection 58-55-102 (24).
I103 - Electrical Trades Instructor. An Electrical Trades Instructor is a construction trades instructor authorized to teach the electrical trades and subject to the scope of practice defined in Subsection R156-55a-301(S200).
I104 - Plumbing Trades Instructor. A Plumbing Trades Instructor is a construction trades instructor authorized to teach the plumbing trades and subject to the scope of practice defined in Subsection R156-55a-301(S210).
I105 - Mechanical Trades Instructor. A Mechanical Trades Instructor is a construction trades instructor authorized to teach the mechanical trades and subject to the scope of practice defined in Subsection R156-55a-301(S350).
S200 - General Electrical Contractor. Fabrication, construction, and/or installation of generators, transformers, conduits, raceways, panels, switch gear, electrical wires, fixtures, appliances, or apparatus which utilizes electrical energy.
S201 - Residential Electrical Contractor. Fabrication, construction, and/or installation of services, disconnecting means, grounding devices, panels, conductors, load centers, lighting and plug circuits, appliances and fixtures in any residential unit, normally requiring non-metallic sheathed cable, including multiple units up to and including a four-plex, but excluding any work generally recognized in the industry as commercial or industrial.
S210 - General Plumbing Contractor. Fabrication and/or installation of material and fixtures to create and maintain sanitary conditions in buildings, by providing a permanent means for a supply of safe and pure water, a means for the timely and complete removal from the premises of all used or contaminated water, fluid and semi-fluid organic wastes and other impurities incidental to life and the occupation of such premises, and provision of a safe and adequate supply of gases for lighting, heating, and industrial purposes. Work permitted under this classification shall include the furnishing of materials, fixtures and labor to extend service from a building out to the main water, sewer or gas pipeline.
S211 - Boiler Installation Contractor. Fabrication and/or installation of fire-tube and water-tube power boilers and hot water heating boilers, including all fittings and piping, valves, gauges, pumps, radiators, converters, fuel oil tanks, fuel lines, chimney flues, heat insulation and all other devices, apparatus, and equipment related thereto.
S212 - Irrigation Sprinkling Contractor. Layout, fabrication, and/or installation of water distribution system for artificial watering or irrigation.
S213 - Industrial Piping Contractor. Fabrication and/or installation of pipes and piping for the conveyance or transmission of steam, gases, chemicals, and other substances including excavating, trenching, and back-filling related to such work.
S214 - Water Conditioning Equipment Contractor. Fabrication and/or installation of water conditioning equipment and only such pipe and fittings as are necessary for connecting the water conditioning equipment to the water supply system within the premises.
S215 - Solar Energy Systems Contractor. Fabrication and/or installation of solar energy systems.
S216 - Residential Sewer Connection and Septic Tank Contractor. Construction of residential sewer lines including connection to the public sewer line, and excavation and grading related thereto. Excavation, installation and grading of residential septic tanks and their drainage.
S217 - Residential Plumbing Contractor. Fabrication and/or installation of material and fixtures to create and maintain sanitary conditions in residential building, including multiple units up to and including a four-plex by providing a permanent means for a supply of safe and pure water, a means for the timely and complete removal from the premises of all used or contaminated water, fluid and semi-fluid organic wastes and other impurities incidental to life and the occupation of such premises, and provision of a safe and adequate supply of gases for lighting and heating purposes. Work permitted under this classification shall include the furnishing of materials, fixtures and labor to extend service from a residential building out to the main water, sewer or gas pipeline. Excluded is any new construction and service work generally recognized in the industry as commercial or industrial.
S220 - Carpentry Contractor. Fabrication for structural and finish purposes in a structure or building using wood, wood products, metal studs, vinyl materials, or other wood/plastic composites as is by custom and usage accepted in the building industry as carpentry.
S221 - Cabinet and Millwork Installation Contractor. On-site construction and/or installation of milled wood products.
S230 - Metal and Vinyl Siding Contractor. Fabrication, construction, and/or installation of wood, aluminum, steel or vinyl sidings.
S231 - Raingutter Installation Contractor. On-site fabrication and/or installation of raingutters and drains, roof flashings, gravel stops and metal ridges.
S240 - Glass and Glazing Contractor. Fabrication, construction, installation, and/or removal of all types and sizes of glass, mirrors, substitutes for glass, glass-holding members, frames, hardware, and other incidental related work.
S250 - Insulation Contractor. Installation of any insulating media in buildings and structures for the sole purpose of temperature or sound control, but shall not include mechanical insulation of pipes, ducts or conduits.
S260 - General Concrete Contractor. Fabrication, construction, mixing, batching, and/or installation of concrete and related concrete products along with the placing and setting of screeds for pavement for flatwork, the construction of forms, placing and erection of steel bars for reinforcing and application of plaster and other cement-related products.
S261 - Concrete Form Setting and Shoring Contractor. Fabrication, construction, and/or installation of forms and shoring material; but, does not include the placement of concrete, finishing of concrete or embedded items such as metal reinforcement bars or mesh.
S262 - Gunnite and Pressure Grouting Contractor. Installation of a concrete product either injected or sprayed under pressure.
S263 - Cementatious Coating Systems Resurfacing and Sealing Contractor. Fabrication, construction, mixing, batching and installation of cementatious coating systems or sealants limited to the resurfacing or sealing of existing surfaces, including the preparation or patching of the surface to be covered or sealed.
S270 - General Drywall, Stucco and Plastering Contractor. Fabrication, construction, and/or installation of drywall, gypsum, wallboard panels and assemblies. Preparation of surfaces for suitable painting or finishing. Installation of light-weight metal, non-bearing wall partitions, ceiling grid systems, and ceiling tile or panel systems.
S271 - Plastering and Stucco Contractor. Application to surfaces of coatings made of stucco or plaster, including the preparation of the surface and the provision of a base. Exempted is the plastering of foundations.
S272 - Ceiling Grid Systems, Ceiling Tile and Panel Systems Contractor. Fabrication and/or installation of wood, mineral, fiber, and other types of ceiling tile and panels and the grid systems required for placement.
S273 - Light-weight Metal and Non-bearing Wall Partitions Contractor. Fabrication and/or installation of light-weight metal and other non-bearing wall partitions.
S274 - Drywall Contractor. Fabrication, construction and installation of drywall, gypsum. wallboard panels and assemblies. Preparation of surfaces for suitable painting or finishing. Installation of lightweight metal, non-bearing wall partitions.
S280 - General Roofing Contractor. Application and/or installation of asphalt, pitch, tar, felt, flax, shakes, shingles, roof tile, slate, and any other material or materials, or any combination of any thereof which use and custom has established as usable for, or which are now used as, water-proof, weatherproof, or watertight seal or membranes for roofs and surfaces; and roof conversion.
S281 - Single Ply and Specialty Coating Contractor. Application of solutions of rubber, latex, or other materials or single-ply material to surfaces to prevent, hold, keep, and stop water, other liquids, derivatives, compounds, and solids from penetrating and passing such materials thereby gaining access to material or space beyond such waterproofing.
S282 - Build-up Roofing Contractor. Application of solutions of rubber, latex, asphalt, pitch, tar, or other materials in conjunction with the application of layers, felt, or other material to a roof or other surface.
S283 - Shingle and Shake Roofing Contractor. Application of shingles and shakes made of wood or any other material.
S284 - Tile Roofing Contractor. Application or installation of tile roofs including under layment material and sealing and reinforcement of weight bearing roof structures for the purpose of supporting the weight of the tile.
S285 - Metal Roofing Contractor. On-site fabrication and/or application of metal roofing materials.
S290 - General Masonry Contractor. Construction by cutting, and/or laying of all of the following brick, block, or forms: architectural, industrial, and refractory brick, all brick substitutes, clay and concrete blocks, terra-cotta, thin set or structural quarry tile, glazed structural tile, gypsum tile, glass block, clay tile, copings, natural stone, plastic refractories, and castables and any incidental works as required in construction of the masonry work.
S291 - Stone Masonry Contractor. Construction using natural or artificial stone, either rough or cut and dressed, laid at random, with or without mortar.
S292 - Terrazzo Contractor. Construction by fabrication, grinding, and polishing of terrazzo by the setting of chips of marble, stone, or other material in an irregular pattern with the use of cement, polyester, epoxy or other common binders.
S293 - Marble, Tile and Ceramic Contractor. Preparation, fabrication, construction, and installation of artificial marble, burned clay tile, ceramic, encaustic, falence, quarry, semi-vitreous, and other tile, excluding hollow or structural partition tile.
S294 - Cultured Marble Contractor. Preparation, fabrication and installation of slab and sheet manmade synthetic products including cultured marble, onyx, granite, onice, corian and corian type products.
S300 - General Painting Contractor. Preparation of surface and the application of all paints, varnishes, shellacs, stains, waxes and other coatings or pigments by the use of brushes, spray or rollers.
S310 - Excavation and Grading Contractor. Moving of the earth's surface or placing earthen materials on the earth's surface, by use of hand or power machinery and tools, including explosives, in any operation of cut, fill, excavation, grading, trenching, backfilling, or combination thereof as they are generally practiced in the construction trade.
S320 - Steel Erection Contractor. Construction by fabrication, placing, and tying or welding of steel reinforcing bars or erecting structural steel shapes, plates of any profile, perimeter or cross-section that are used to reinforce concrete or as structural members, including riveting, welding, and rigging.
S321 - Steel Reinforcing Contractor. Fabricating, placing, tying, or mechanically welding of reinforcing bars of any profile that are used to reinforce concrete buildings or structures.
S322 - Metal Building Erection Contractor. Erection of pre-fabricated metal structures including concrete foundation and footings, grading, and surface preparation.
S323 - Structural Stud Erection Contractor. Fabrication and installation of metal structural studs and bearing walls.
S330 - Landscaping Contractor. Grading and preparing land for architectural, horticultural, and the decorative treatment, arrangement, and planting or gardens, lawns, shrubs, vines, bushes, trees, and other decorative vegetation. Construction of pools, tanks, fountains, hot and green houses, retaining walls, patio areas when they are an incidental part of the prime contract, fences, walks, garden lighting of 50 volts or less, and sprinkler systems.
S340 - Sheet Metal Contractor. Layout, fabrication, and installation of air handling and ventilating systems. All architectural sheet metal such as cornices, marquees, metal soffits, gutters, flashings, and skylights and skydomes including both plastic and fiberglass.
S350 - HVAC Contractor. Fabrication and installation of complete warm air heating and air conditioning systems, and complete ventilating systems.
S351 - Refrigerated Air Conditioning Contractor. Fabrication and installation of air conditioning ventilating systems to control air temperatures below 50 degrees.
S352 - Evaporative Cooling Contractor. Fabrication and installation of devices, machinery, and units to cool the air temperature employing evaporation of liquid.
S353 - Warm Air Heating Contractor. Layout, fabrication, and installation of such sheet metal, gas piping, and furnace equipment as necessary for a complete warm air heating and ventilating system.
S360 - Refrigeration Contractor. Construction and/or installation of refrigeration equipment including, but not limited to, built-in refrigerators, refrigerated rooms, insulated refrigerated spaces and equipment related thereto; but, the scope of permitted work does not include the installation of gas fuel or electric power services other than connection of electrical devices to a junction box provided for that device and electrical control circuitry not exceeding 50 volts.
S370 - Fire Suppression Systems Contractor. Layout, fabrication, and installation of fire protection systems using water, steam, gas, or chemicals. When a potable sanitary water supply system is used as the source of supply, connection to the water system must be accomplished by a licensed journeyman plumber. Excluded from this classification are persons engaged in the installation of fire suppression systems in hoods above cooking appliances.
S380 - Swimming Pool and Spa Contractor. On-site fabrication, construction and installation of swimming pools, spas, and tubs.
S390 - Sewer and Water Pipeline Contractor. Construction of sewer lines, sewage disposal and sewage drain facilities including excavation and grading with respect thereto, and the construction of sewage disposal plants and appurtenances thereto.
S400 - Asphalt Paving Contractor. Construction of asphalt highways, roadways, driveways, parking lots or other asphalt surfaces, which will include but will not be limited to, asphalt overlay, chip seal, fog seal and rejuvenation, micro surfacing, plant mix sealcoat, slurry seal, and the removal of asphalt surfaces by milling. Also included is the excavation, grading, compacting and laying of fill or base-related thereto.
S410 - Pipeline and Conduit Contractor. Fabrication, construction, and installation of pipes for the conveyance and transmission from one station to another of such products as water, steam, gases, chemicals, or sturries. Included are the excavation, grading, and backfilling necessary for construction of the system.
S420 - General Fencing and Guardrail Contractor. Fabrication, construction, and installation of fences, guardrails, and barriers.
S421 - Residential Fencing Contractor. Fabrication and installation of residential fencing up to and including a height of six feet.
S430 - Metal Firebox and Fuel Burning Stove Installer. Fabrication, construction, and installation of metal fireboxes, fireplaces, and wood or coal-burning stoves.
S440 - Sign Installation Contractor. Installation of signs and graphic displays which require installation permits or permission as issued by state or local governmental jurisdictions. Signs and graphic displays shall include signs of all types, both lighted and unlighted, permanent highway marker signs, illuminated awnings, electronic message centers, sculptures or graphic representations including logos and trademarks intended to identify or advertise the user or his product, building trim or lighting with neon or decorative fixtures, or any other animated, moving or stationary device used for advertising or identification purposes. Signs and graphic displays must be fabricated, installed and erected in accordance with professionally engineered specifications and wiring in accordance with the National Electrical Code.
S441 - Non Electrical Outdoor Advertising Sign Contractor. Installation of signs and graphic displays which require installation permits or permission as issued by state and local governmental jurisdictions. Signs and graphics shall include outdoor advertising signs which do not have electrical lighting or other electrical requirements, and in accordance with professionally engineered specifications.
S450 - Mechanical Insulation Contractor. Fabrication, application and installation of insulation materials to pipes, ducts and conduits.
S460 - Wrecking and Demolition Contractor. The raising, cribbing, underpinning, moving, and removal of building and structures so that alterations, additions, repairs, and new sub-structures may be built.
S470 - Petroleum Systems Contractor. Installation of above and below ground petroleum and petro-chemical storage tanks, piping, dispensing equipment, monitoring equipment and associated petroleum and petro-chemical equipment including excavation, backfilling, concrete and asphalt.
S480 - Piers and Foundations Contractor. The excavation, drilling, compacting, pumping, sealing and other work necessary to construct, alter or repair piers, piles, footings and foundations placed in the earth's subsurface to prevent structural settling and to provide an adequate capacity to sustain or transmit the structural load to the soil or rock below.
S490 - Wood Flooring Contractor. Installation of wood flooring including prefinished and unfinished material, sanding, staining and finishing of new and existing wood flooring. Underlayments, non-structural subfloors and other incidental related work.
S491 - Laminate Floor Installation Contractor. Installation of floors made up of wood and/or composite wood materials including underlayments, non-structural subfloors and other incidental related work, but does not include the installation of sold wood flooring.
S500 - Sports and Athletic Courts, Running Track, and Playground Installation Contractor. Installation of sports and athletic courts including but not limited to tennis courts, racquetball courts, handball courts, basketball courts, running tracks, playgrounds, or any combination. Includes nonstructural floor subsurfaces, nonstructural wall surfaces, perimeter walls and perimeter fencing.
R156-55a-302a Qualifications for Licensure - Examinations.
(1) In accordance with Subsection 58-55-302 (1)(c), an applicant for a contractors license shall pass the following examinations as a condition precedent to licensure as a contractor:
(a) the Trade Classification Specific Examination; and
(b) the Utah Contractor Business - Law Examination.
(2) The passing score for each examination is 70%.
R156-55a-302b Qualifications for Licensure - Experience Requirements.
In accordance with Subsection 58-55-302 (1)(e)(ii), the minimum experience requirement for each applicant or applicant's qualifier is established as follows:
(1) An applicant for contractor classification E100 General Engineering, B100 General Building, R100 Residential and Small Commercial Building shall have a minimum of four years full-time related experience, two years of which shall be in a supervisory or managerial position under the direct supervision of a licensed E100, B100 or R100 contractor, or have been a licensed contractor under a classification other than an E100, B100 or R100 for a minimum of four years. A person holding a four year degree in Construction Management may have one year supervisory or managerial experience credited towards the experience requirement.
(2) An applicant for contractor classifications S280 General Roofing, S290 General Masonry, S320 Steel Erection, S350 Heating, Ventilating and Air Conditioning, S360 Refrigeration and S370 Fire Suppression Systems shall have a minimum of four years of full-time related experience.
(3) An applicant for contractor classifications not listed in Subsections (1) and (2) above shall have a minimum of two years of full-time related experience.
R156-55a-302c Qualifications for Licensure Requiring Licensure in a Prerequisite Classification.
(1) Each applicant for licensure as a I103 Electrical Trades Instructor shall also be licensed as either a master electrician or a residential master electrician.
(2) Each applicant for licensure as a I104 Plumbing Trades Instructor shall also be licensed as either a journeyman plumber or a residential journeyman plumber.
(3) Each applicant for licensure as a S217 Residential Plumbing Contractor shall have as the qualifier either a licensed journeyman plumber or a residential journeyman plumber.
R156-55a-302d Qualifications for Licensure - Proof of Insurance and Registrations.
In accordance with the provisions of Subsection 58-55-302 (2)(b), an applicant who is approved for licensure shall submit proof of public liability insurance in coverage amounts of at least $100,000 for each incident and $300,000 in total.
R156-55a-306a Financial Responsibility - License Bonds and Cash Deposits.
In accordance with Subsections 58-55-306 (2), the following shall apply:
(1) A license bond or cash deposit shall be in a form acceptable to the division and shall equal 100% of the monetary limit.
(2) Under no circumstances shall the cash deposit or license bond be less than $25,000.
(3) Cash deposits filed with the division shall be a certificate of deposit with the division named as the certificate holder.
(4) The deposit shall remain on deposit for a period of two years after the licensee is not licensed or it is determined the deposit is no longer required.
(5) Claims against the license bond or cash deposit of a licensee shall be made to the division in form and substance prescribed by the division.
(6) After a hearing before the board in accordance with the provisions of Title 63, Chapter 46b to consider the claims made against the license bond or cash deposit of a licensee, the board shall make a recommendation to the division with respect to the claim and the division shall thereafter enter an order with respect to the claim and dispersal of funds available through the cash deposit or bond.
R156-55a-306b Financial Responsibility - Financial Statements.
(1) All financial statements shall cover a period of time ending no earlier than the last tax year.
(2) Financial statements prepared by an independent certified public accountant (CPA) shall be "audited", "reviewed", or "compiled" financial statements prepared in accordance with generally accepted accounting principles and shall include the CPA's report stating that the statements have been audited, reviewed or compiled.
(3) Division reviewed financial statements shall be submitted in a form acceptable to the division and shall include the following:
(a) the balance sheet;
(b) all schedules;
(c) a complete copy of the applicant's most recently filed federal income tax return;
(d) a copy of the applicant's bank or broker account statements; and
(e) an acceptable credit report for the applicant.
(4) The type of financial statements submitted by an applicant as evidence of financial responsibility shall limit the maximum monetary limit the applicant may qualify for in accordance with Section R156-55a-309.
(5) An acceptable credit report is:
(a) dated within 30 days prior to the date the application is received by the division;
(b) free from erasures, alterations, modifications, omissions, or any other form of change which alters the full and complete information provided by the credit reporting agency;
(c) a report from:
(i) Trans Union, Experian, and Equifax national credit reporting agencies; or
(ii) National Association of Credit Managers (NACM); or
(iii) another local credit reporting agency that includes a report for each of the three national credit reporting agencies names in Subsection (i) above.
R156-55a-309 Monetary Limits.
(1) In accordance with Subsections 58-55-306 (2) and 58-55-309 (2), regardless of the monetary limit indicated by the financial model, the division shall not assign a monetary limit beyond the maximum established for the type of financial statement submitted by an applicant or licensee, as follows:
(a) $500,000 for financial statements submitted for division review which have not been CPA audited or reviewed;
(b) Unlimited for CPA audited or reviewed statements.
(2) In accordance with Subsection 58-55-309 (2)(a), sources of data for the financial model will include current editions of the RMA Annual Statement Studies published by Robert Morris Associates, the Almanac of Business and Industrial Financial Ratios published by Prentice Hall, Financial Studies of the Small Business published by Financial Research Associates and other standard sources of financial data on the construction industry. The financial model shall consider as a minimum the working capital, owners equity, total assets and total revenue from the financial statements submitted by the licensee or applicant in the computation of the monetary limit.
(3) In accordance with Subsection 58-55-309 (3), an acceptable surety is one that is listed in the Department of Treasury, Fiscal Service, Circular 570, current revision, entitled "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" or one that has equivalent status.
R156-55a-311 Reorganization of Contractor Business Entity.
A reorganization of the business organization or entity under which a licensed contractor is licensed shall require application for a new license under the new form of organization or business structure. The creation of a new legal entity constitutes a reorganization and includes a change to a new entity under the same form of business entity or a change of the form of business entity between proprietorship, partnership, whether limited or general, joint venture, corporation or any other business form.
R156-55a-312 Inactive License.
(1) The requirements for inactive licensure specified in Subsection R156-1-305(3) shall also include certification that the licensee will not engage in the construction trade(s) for which his license was issued while his license is on inactive status except to identify himself as an inactive licensee.
(2) A license on inactive status will not be required to meet the requirements of licensure in Subsections 58-55-302 (1)(e)(i), 58-55-302 (2)(a) and 58-55-302 (2)(b).
(3) The requirements for reactivation of an inactive license specified in Subsection R156-1-305(6) shall also include:
(a) documentation that the licensee meets the requirements of Subsections 58-55-302 (1)(e)(i), 58-55-302 (2)(a) and 58-55-302 (2)(b); and
(b) documentation that the licensee has taken and passed the business and law examination and the trade examination for the classification for which activation is sought except that the following exceptions shall apply to the reactivation examination requirement:
(i) No qualifying examinations will be required if the licensee applies for reactivation of his license within two years after being placed on inactive status.
(ii) No qualifying examinations will be required if the licensee has been actively and lawfully involved in the construction trades as an employee of another licensed contractor or has been actively and lawfully involved in the construction trades in another state during the time the license was inactive.
(iii) If the licensee applies for reactivation after two years but before four years after being placed on inactive status, the division may waive the qualifying examinations if the licensee presents adequate support that he has maintained the knowledge and skills tested in the business and law examination and the trade examination in the classification for which reactivation of licensure is sought.
(iv) If the licensee applies for reactivation four years or more after being placed on inactive status, the division may waive the trade examination in the classification for which reactivation of licensure is sought, if the licensee presents adequate support that he has maintained the knowledge and skills tested in the trade examination.
R156-55a-401 Minimum Penalty for Failure to Maintain Insurance.
(1) A minimum penalty is hereby established for the violation of Subsection R156-55a-501(2) as follows:
(a) For a violation the duration of which is less than 90 days, where the licensee at the time a penalty is imposed documents that the required liability and workers compensation insurance have been reacquired, and provided an insurable loss has not occurred while not insured, a minimum of a 30 day suspension of licensure, stayed indefinitely, automatically executable in addition to any other sanction imposed, upon any subsequent violations of Subsection R156-55a-501(2).
(b) For a violation the duration of which is 90 days or longer, or where insurable loss has occurred, where the licensee at the time a penalty is imposed documents that the required insurance have been reacquired, a minimum of 30 days suspension of licensure.
(c) For a violation of any duration, where the licensee at the time a penalty is imposed fails to document that the required insurance have been reacquired, a minimum of indefinite suspension. A license which is placed on indefinite suspension may not be reinstated any earlier than 30 days after the licensee documents the required insurance have been reacquired.
(d) If insurable loss has occurred and licensee has not paid the damages, the license may be suspended indefinitely until such loss is paid by the licensee.
(e) Nothing in this section shall be construed to restrict a presiding officer from imposing more than the minimum penalty for a violation of Subsection R156-55a-501(2). However, absent extraordinary cause, the presiding officer may not impose less than the minimum penalty.
R156-55a-501 Unprofessional Conduct.
"Unprofessional conduct" includes:
(1) failing to notify the division with respect to any matter for which notification is required under these rules or Title 58, Chapter 55, the Construction Trades Licensing Act, including a change in qualifier. Such failure shall be considered by the division and the board as grounds for immediate suspension of the contractors license;
(2) failing to continuously maintain insurance and registration as required by Subsection 58-55-302 (2), in coverage amounts and form as implemented by this chapter;
(3) hiring or employing in any manner a licensed subcontractor to act in a construction trade beyond the scope of the license held by the subcontractor;
(4) hiring or employing in any manner a licensed subcontractor to act in a construction trade for a project which by itself exceeds the monetary limit of the license held by the subcontractor;
(5) hiring or employing in any manner a licensed subcontractor to act in a construction trade for a project when the licensed contractor knows that the subcontractor has existing work in progress which when combined with the subcontract amount exceeds the monetary limit of the license held by the subcontractor.
R156-55a-502 Penalty for Unlawful Conduct.
The penalty for violating Subsection 58-55-501 (1) while suspended from licensure shall include the maximum fine allowed by Subsection 58-55-503 (4)(i).
[Indexing]
KEY: contractors, occupational licensing, licensing
November 16, 1999
[Editor's note: Below are references
to the Utah Code that are listed by the
agency making this rule as authority
for the rule.]
58-1-106
(1)
58-1-202
(1)
58-55-101
58-55-308
(1)
58-55-301
(1)
58-55-102
(21)
Notice of Continuation March 3, 1997
