“Certificate of compliance” means an order issued by the director to the owner finding 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.
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Terms Used In Utah Code 38-11-102
Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
Contract: A legal written agreement that becomes binding when signed.
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
(2)
“Construction on an owner-occupied residence” means designing, engineering, constructing, altering, remodeling, improving, repairing, or maintaining a new or existing residence.
(3)
“Department” means the Department of Commerce.
(4)
“Director” means the director of the Division of Professional Licensing or the director’s designee.
(5)
“Division” means the Division of Professional Licensing.
(6)
“Duplex” means a single building having two separate living units.
(7)
“Encumbered fund balance” means the aggregate amount of outstanding claims against the fund. The remainder of the money in the fund is unencumbered funds.
(8)
“Executive director” means the executive director of the Department of Commerce.
(9)
“Factory built housing” is as defined in Section 15A-1-302.
(10)
“Factory built housing retailer” means a person that sells factory built housing to consumers.
(11)
“Fund” means the Residence Lien Recovery Fund established under Section 38-11-201.
(12)
“Laborer” means a person who provides services at the site of the construction on an owner-occupied residence as an employee of an original contractor or other qualified beneficiary performing qualified services on the residence.
“Nonpaying party” means the original contractor, subcontractor, or real estate developer who has failed to pay the qualified beneficiary making a claim against the fund.
(15)
“Original contractor” means a person who contracts with the owner of real property or the owner’s agent to provide services, labor, or material for the construction of an owner-occupied residence.
purchases after the person enters into a contract described in this Subsection (16)(a) and before completion of the owner-occupied residence;
(b)
contracts with a real estate developer to buy a residence upon completion of the construction on the owner-occupied residence; or
(c)
purchases a residence from a real estate developer after completion of the construction on the owner-occupied residence.
(17)
“Owner-occupied residence” means a residence that is, or after completion of the construction on the residence will be, occupied by the owner or the owner’s tenant or lessee as a primary or secondary residence within 180 days after the day on which the construction on the residence is complete.
(18)
“Qualified beneficiary” means a person who:
(a)
provides qualified services;
(b)
pays necessary fees 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 seeks recovery from the fund as a licensed contractor; or
(ii)
as a person providing qualified services other than as a licensed contractor under Subsection 38-11-301(3) if the person seeks recovery from the fund in a capacity other than as a licensed contractor.
(19)
(a)
“Qualified services” means the following performed in construction on an owner-occupied residence:
“Residence” means an improvement to real property used or occupied, to be used or 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.
(22)
“Subsequent owner” means a person who purchases a residence from an owner within 180 days after the day on which the construction on the residence is completed.
