58-55-305 - Exemptions from licensure.

UTAH STATUTES AND CODES

58-55-305 - Exemptions from licensure.

58-55-305. Exemptions from licensure.
(1) In addition to the exemptions from licensure in Section 58-1-307, the followingpersons may engage in acts or practices included within the practice of construction trades,subject to the stated circumstances and limitations, without being licensed under this chapter:
(a) an authorized representative of the United States government or an authorizedemployee of the state or any of its political subdivisions when working on construction work ofthe state or the subdivision, and when acting within the terms of the person's trust, office, oremployment;
(b) a person engaged in construction or operation incidental to the construction andrepair of irrigation and drainage ditches of regularly constituted irrigation districts, reclamationdistricts, and drainage districts or construction and repair relating to farming, dairying,agriculture, livestock or poultry raising, metal and coal mining, quarries, sand and gravelexcavations, well drilling, as defined in Section 73-3-25, hauling to and from construction sites,and lumbering;
(c) public utilities operating under the rules of the Public Service Commission on workincidental to their own business;
(d) sole owners of property engaged in building:
(i) no more than one residential structure per year and no more than three residentialstructures per five years on their property for their own noncommercial, nonpublic use; except, aperson other than the property owner or individuals described in Subsection (1)(e), who engagesin building the structure must be licensed under this chapter if the person is otherwise required tobe licensed under this chapter; or
(ii) structures on their property for their own noncommercial, nonpublic use which areincidental to a residential structure on the property, including sheds, carports, or detachedgarages;
(e) (i) a person engaged in construction or renovation of a residential building fornoncommercial, nonpublic use if that person:
(A) works without compensation other than token compensation that is not consideredsalary or wages; and
(B) works under the direction of the property owner who engages in building thestructure; and
(ii) as used in this Subsection (1)(e), "token compensation" means compensation paid bya sole owner of property exempted from licensure under Subsection (1)(d) to a person exemptedfrom licensure under this Subsection (1)(e), that is:
(A) minimal in value when compared with the fair market value of the services providedby the person;
(B) not related to the fair market value of the services provided by the person; and
(C) is incidental to the providing of services by the person including paying for orproviding meals or refreshment while services are being provided, or paying reasonabletransportation costs incurred by the person in travel to the site of construction;
(f) a person engaged in the sale or merchandising of personal property that by its designor manufacture may be attached, installed, or otherwise affixed to real property who hascontracted with a person, firm, or corporation licensed under this chapter to install, affix, orattach that property;
(g) a contractor submitting a bid on a federal aid highway project, if, before undertaking

construction under that bid, the contractor is licensed under this chapter;
(h) (i) a person engaged in the alteration, repair, remodeling, or addition to orimprovement of a building with a contracted or agreed value of less than $3,000, including bothlabor and materials, and including all changes or additions to the contracted or agreed uponwork; and
(ii) notwithstanding Subsection (1)(h)(i) and except as otherwise provided in this section:
(A) work in the plumbing and electrical trades on a Subsection (1)(h)(i) project withinany six month period of time:
(I) must be performed by a licensed electrical or plumbing contractor, if the projectinvolves an electrical or plumbing system; and
(II) may be performed by a licensed journeyman electrician or plumber or an individualreferred to in Subsection (1)(h)(ii)(A)(I), if the project involves a component of the system suchas a faucet, toilet, fixture, device, outlet, or electrical switch;
(B) installation, repair, or replacement of a residential or commercial gas appliance or acombustion system on a Subsection (1)(h)(i) project must be performed by a person who hasreceived certification under Subsection 58-55-308(2) except as otherwise provided in Subsection58-55-308(2)(d) or 58-55-308(3);
(C) installation, repair, or replacement of water-based fire protection systems on aSubsection (1)(h)(i) project must be performed by a licensed fire suppression systems contractoror a licensed journeyman plumber;
(D) work as an alarm business or company or as an alarm company agent shall beperformed by a licensed alarm business or company or a licensed alarm company agent, except asotherwise provided in this chapter;
(E) installation, repair, or replacement of an alarm system on a Subsection (1)(h)(i)project must be performed by a licensed alarm business or company or a licensed alarm companyagent;
(F) installation, repair, or replacement of a heating, ventilation, or air conditioningsystem (HVAC) on a Subsection (1)(h)(i) project must be performed by an HVAC contractorlicensed by the division;
(G) installation, repair, or replacement of a radon mitigation system or a soildepressurization system must be performed by a licensed contractor; and
(H) if the total value of the project is greater than $1,000, the person shall file with thedivision a one-time affirmation, subject to periodic reaffirmation as established by division rule,that the person has:
(I) public liability insurance in coverage amounts and form established by division rule;and
(II) if applicable, workers compensation insurance which would cover an employee ofthe person if that employee worked on the construction project;
(i) a person practicing a specialty contractor classification or construction trade which thedirector does not classify by administrative rule as significantly impacting the public's health,safety, and welfare;
(j) owners and lessees of property and persons regularly employed for wages by ownersor lessees of property or their agents for the purpose of maintaining the property, are exemptfrom this chapter when doing work upon the property;
(k) (i) a person engaged in minor plumbing work that is incidental, as defined by the

division by rule, to the replacement or repair of a fixture or an appliance in a residential or smallcommercial building, or structure used for agricultural use, as defined in Section 58-56-3,provided that no modification is made to:
(A) existing culinary water, soil, waste, or vent piping; or
(B) a gas appliance or combustion system; and
(ii) except as provided in Subsection (1)(e), installation for the first time of a fixture oran appliance is not included in the exemption provided under Subsection (1)(k)(i);
(l) a person who ordinarily would be subject to the plumber licensure requirements underthis chapter when installing or repairing a water conditioner or other water treatment apparatus ifthe conditioner or apparatus:
(i) meets the appropriate state construction codes or local plumbing standards; and
(ii) is installed or repaired under the direction of a person authorized to do the workunder an appropriate specialty contractor license;
(m) a person who ordinarily would be subject to the electrician licensure requirementsunder this chapter when employed by:
(i) railroad corporations, telephone corporations or their corporate affiliates, elevatorcontractors or constructors, or street railway systems; or
(ii) public service corporations, rural electrification associations, or municipal utilitieswho generate, distribute, or sell electrical energy for light, heat, or power;
(n) a person involved in minor electrical work incidental to a mechanical or serviceinstallation;
(o) a student participating in construction trade education and training programsapproved by the commission with the concurrence of the director under the condition that:
(i) all work intended as a part of a finished product on which there would normally be aninspection by a building inspector is, in fact, inspected and found acceptable by a licensedbuilding inspector; and
(ii) a licensed contractor obtains the necessary building permits;
(p) a delivery person when replacing any of the following existing equipment with a newgas appliance, provided there is an existing gas shutoff valve at the appliance:
(i) gas range;
(ii) gas dryer;
(iii) outdoor gas barbeque; or
(iv) outdoor gas patio heater;
(q) a person performing maintenance on an elevator as defined in Subsection58-55-102(14), if the maintenance is not related to the operating integrity of the elevator; and
(r) an apprentice or helper of an elevator mechanic licensed under this chapter whenworking under the general direction of the licensed elevator mechanic.
(2) A compliance agency as defined in Section 58-56-3 that issues a building permit to aperson requesting a permit as a sole owner of property referred to in Subsection (1)(d) shallnotify the division, in writing or through electronic transmission, of the issuance of the permit.