engaging in a construction trade, acting as a contractor, an alarm business or company, or an alarm company agent, or representing oneself to be engaged in a construction trade or to be acting as a contractor in a construction trade requiring licensure, unless the person doing any of these is appropriately licensed or exempted from licensure under this chapter;
Terms Used In Utah Code 58-55-501
alarm company: means a person engaged in the sale, installation, maintenance, alteration, repair, replacement, servicing, or monitoring of an alarm system, except as provided in Subsection (1)(b). See Utah Code 58-55-102
Approved continuing education: means instruction provided through courses under a program established under Subsection 58-55-302. See Utah Code 58-55-102
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
Board: means the Electrician Licensing Board, Alarm System Security and Licensing Board, or Plumbers Licensing Board created in Section 58-55-201. See Utah Code 58-55-102
Construction trade: means any trade or occupation involving:
(a)
(i)
construction, alteration, remodeling, repairing, wrecking or demolition, addition to, or improvement of any building, highway, road, railroad, dam, bridge, structure, excavation or other project, development, or improvement to other than personal property; and
(ii)
constructing, remodeling, or repairing a manufactured home or mobile home as defined in Section 15A-1-302; or
(b)
installation or repair of a residential or commercial natural gas appliance or combustion system. See Utah Code 58-55-102
Contract: A legal written agreement that becomes binding when signed.
Contractor: means any person who for compensation other than wages as an employee undertakes any work in the construction, plumbing, or electrical trade for which licensure is required under this chapter and includes:
(i)
a person who builds any structure on the person's own property for the purpose of sale or who builds any structure intended for public use on the person's own property;
(ii)
any person who represents that the person is a contractor, or will perform a service described in this Subsection (17)by advertising on a website or social media, or any other means;
(iii)
any person engaged as a maintenance person, other than an employee, who regularly engages in activities set forth under the definition of "construction trade";
(iv)
any person engaged in, or offering to engage in, any construction trade for which licensure is required under this chapter; or
(v)
a construction manager, construction consultant, construction assistant, or any other person who, for a fee:
(A)
performs or offers to perform construction consulting;
(B)
performs or offers to perform management of construction subcontractors;
(C)
provides or offers to provide a list of subcontractors or suppliers; or
(D)
provides or offers to provide management or counseling services on a construction project. See Utah Code 58-55-102
Electrical trade: means the performance of any electrical work involved in the installation, construction, alteration, change, repair, removal, or maintenance of facilities, buildings, or appendages or appurtenances. See Utah Code 58-55-102
Employee: means an individual as defined by the division by rule giving consideration to the definition adopted by the Internal Revenue Service and the Department of Workforce Services. See Utah Code 58-55-102
Engage in a construction trade: means to:
(a)
engage in, represent oneself to be engaged in, or advertise oneself as being engaged in a construction trade; or
(b)
use the name "contractor" or "builder" or in any other way lead a reasonable person to believe one is or will act as a contractor. See Utah Code 58-55-102
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Journeyman electrician: means a person licensed under this chapter as a journeyman electrician having the qualifications, training, experience, and knowledge to wire, install, and repair electrical apparatus and equipment for light, heat, power, and other purposes. See Utah Code 58-55-102
Journeyman plumber: means a person licensed under this chapter as a journeyman plumber having the qualifications, training, experience, and technical knowledge to engage in the plumbing trade. See Utah Code 58-55-102
Lien: A claim against real or personal property in satisfaction of a debt.
Master electrician: means a person licensed under this chapter as a master electrician having the qualifications, training, experience, and knowledge to properly plan, layout, and supervise the wiring, installation, and repair of electrical apparatus and equipment for light, heat, power, and other purposes. See Utah Code 58-55-102
Person: means a natural person, sole proprietorship, joint venture, corporation, limited liability company, association, or organization of any type. See Utah Code 58-55-102
Plumbing trade: includes work pertaining to the water supply, distribution pipes, fixtures and fixture traps, soil, waste and vent pipes, the building drain and roof drains, and the safe and adequate supply of gases, together with their devices, appurtenances, and connections where installed within the outside walls of the building. See Utah Code 58-55-102
Residential journeyman plumber: means a person licensed under this chapter as a residential journeyman plumber having the qualifications, training, experience, and knowledge to engage in the plumbing trade as limited to the plumbing of residential buildings. See Utah Code 58-55-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Statute: A law passed by a legislature.
Unincorporated entity: means an entity that is not:
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
Wages: means amounts due to an employee for labor or services whether the amount is fixed or ascertained on a time, task, piece, commission, or other basis for calculating the amount. See Utah Code 58-55-102
(2)
acting in a construction trade, as an alarm business or company, or as an alarm company agent beyond the scope of the license held;
(3)
hiring or employing a person who is not licensed under this chapter to perform work on a project, unless the person:
(a)
is an employee of a person licensed under this chapter for wages; and
(b)
is not required to be licensed under this chapter;
(4)
applying for or obtaining a building permit either for oneself or another when not licensed or exempted from licensure as a contractor under this chapter;
(5)
issuing a building permit to any person for whom there is no evidence of a current license or exemption from licensure as a contractor under this chapter;
(6)
applying for or obtaining a building permit for the benefit of or on behalf of any other person who is required to be licensed under this chapter but who is not licensed or is otherwise not entitled to obtain or receive the benefit of the building permit;
(7)
failing to obtain a building permit when required by law or rule;
(8)
submitting a bid for any work for which a license is required under this chapter by a person not licensed or exempted from licensure as a contractor under this chapter;
(9)
willfully or deliberately misrepresenting or omitting a material fact in connection with an application to obtain or renew a license under this chapter;
(10)
allowing one’s license to be used by another except as provided by statute or rule;
(11)
doing business under a name other than the name appearing on the license, except as permitted by statute or rule;
(12)
if licensed as a contractor in the electrical trade or plumbing trade, journeyman plumber, residential journeyman plumber, journeyman electrician, master electrician, or residential electrician, failing to directly supervise an apprentice under one’s supervision or exceeding the number of apprentices one is allowed to have under the contractor’s supervision;
(13)
if licensed as a contractor or representing oneself to be a contractor, receiving any funds in payment for a specific project from an owner or any other person, which funds are to pay for work performed or materials and services furnished for that specific project, and after receiving the funds to exercise unauthorized control over the funds by failing to pay the full amounts due and payable to persons who performed work or furnished materials or services within a reasonable period of time;
(14)
employing an unlicensed alarm business or company or an unlicensed individual as an alarm company agent, except as permitted under the exemption from licensure provisions under Section 58-1-307;
(15)
if licensed as an alarm company or alarm company agent, filing with the division fingerprint cards for an applicant which are not those of the applicant, or are in any other way false or fraudulent and intended to mislead the division in its consideration of the applicant for licensure;
(16)
if licensed under this chapter, willfully or deliberately disregarding or violating:
(a)
the building or construction laws of this state or any political subdivision;
(b)
the safety and labor laws applicable to a project;
(c)
any provision of the health laws applicable to a project;
(d)
the workers’ compensation insurance laws of the state applicable to a project;
(e)
the laws governing withholdings for employee state and federal income taxes, unemployment taxes, Social Security payroll taxes, or other required withholdings; or
(f)
reporting, notification, and filing laws of this state or the federal government;
failing, as an original contractor, as defined in Section 38-11-102, to include in a written contract the notification required in Section 38-11-108;
(19)
wrongfully filing a preconstruction or construction lien in violation of Section 38-1a-308;
(20)
if licensed as a contractor, not completing the approved continuing education required under Section 58-55-302.5;
(21)
an alarm company allowing an employee with a temporary license under Section 58-55-312 to engage in conduct on behalf of the company outside the scope of the temporary license, as provided in Subsection 58-55-312(3)(a)(ii);
(22)
an alarm company agent under a temporary license under Section 58-55-312 engaging in conduct outside the scope of the temporary license, as provided in Subsection 58-55-312(3)(a)(ii);
(23)
(a)
an unincorporated entity licensed under this chapter having an individual who owns an interest in the unincorporated entity engage in a construction trade in Utah while not lawfully present in the United States; or
(b)
an unincorporated entity providing labor to an entity licensed under this chapter by providing an individual who owns an interest in the unincorporated entity to engage in a construction trade in Utah while not lawfully present in the United States;
(24)
an unincorporated entity failing to provide the following for an individual who engages, or will engage, in a construction trade in Utah for the unincorporated entity, or for an individual who engages, or will engage, in a construction trade in Utah for a separate entity for which the unincorporated entity provides the individual as labor:
the failure of a sign installation contractor or nonelectrical outdoor advertising sign contractor, as classified and defined in division rules, to:
(a)
display the contractor’s license number prominently on a vehicle that:
(i)
the contractor uses; and
(ii)
displays the contractor’s business name; or
(b)
carry a copy of the contractor’s license in any other vehicle that the contractor uses at a job site, whether or not the vehicle is owned by the contractor;
(26)
(a)
an unincorporated entity licensed under this chapter having an individual who owns an interest in the unincorporated entity engage in a construction trade in the state while the individual is using a Social Security number that does not belong to that individual; or
(b)
an unincorporated entity providing labor to an entity licensed under this chapter by providing an individual, who owns an interest in the unincorporated entity, to engage in a construction trade in the state while the individual is using a Social Security number that does not belong to that individual;
(27)
a contractor failing to comply with a requirement imposed by a political subdivision, state agency, or board of education under Section 58-55-310; or
(28)
failing to timely comply with the requirements described in Section 58-55-605.
