Utah Code 58-55-103. Construction Services Commission created — Functions — Appointment — Qualifications and terms of members — Vacancies — Expenses — Meetings — Concurrence
58-55-103. Construction Services Commission created — Functions — Appointment — Qualifications and terms of members — Vacancies — Expenses — Meetings — Concurrence.
(1)
Terms Used In Utah Code 58-55-103
Alarm system: includes a battery-charged suspended-wire system or fence that is part of and interfaces with an alarm system for the purposes of detecting and deterring unauthorized intrusion or entry into or onto certain premises. See Utah Code 58-55-102
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
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
General building contractor: means a person licensed under this chapter as a general building contractor qualified by education, training, experience, and knowledge to perform or superintend construction of structures for the support, shelter, and enclosure of persons, animals, chattels, or movable property of any kind or any of the components of that construction except plumbing, electrical work, mechanical work, work related to the operating integrity of an elevator, and manufactured housing installation, for which the general building contractor shall employ the services of a contractor licensed in the particular specialty, except that a general building contractor engaged in the construction of single-family and multifamily residences up to four units may perform the mechanical work and hire a licensed plumber or electrician as an employee. See Utah Code 58-55-102
Quorum: The number of legislators that must be present to do business.
(a)
There is created within the division the Construction Services Commission.
examination requirements and administration of the examinations, to include approving and establishing a passing score for applicant examinations;
(C)
standards of supervision for students or persons in training to become qualified to obtain a license in the trade they represent; and
(D)
standards of conduct for various licensees;
(ii)
approve or disapprove fees adopted by the division under Section 63J-1-504;
(iii)
except where the boards conduct them, conduct all administrative hearings not delegated to an administrative law judge relating to the licensing of any applicant;
(iv)
except as otherwise provided in Sections 38-11-207 and 58-55-503, with the concurrence of the director, impose sanctions against licensees and certificate holders with the same authority as the division under Section 58-1-401;
(v)
advise the director on the administration and enforcement of any matters affecting the division and the construction industry;
(vi)
advise the director on matters affecting the division budget;
(vii)
advise and assist trade associations in conducting construction trade seminars and industry education and promotion; and
(viii)
perform other duties as provided by this chapter.
(2)
(a)
Initially the commission shall be comprised of the five members of the Contractors Licensing Board and two of the three chair persons from the Plumbers Licensing Board, the Alarm System Security and Licensing Board, and the Electricians Licensing Board.
(b)
The terms of office of the commission members who are serving on the Contractors Licensing Board shall continue as they serve on the commission.
(c)
Beginning July 1, 2004, the commission shall be comprised of nine members appointed by the executive director with the approval of the governor from the following groups:
(i)
one member shall be a licensed general engineering contractor;
(ii)
one member shall be a licensed general building contractor;
(iii)
two members shall be licensed residential and small commercial contractors;
(iv)
three members shall be the three chair persons from the Plumbers Licensing Board, the Alarm System Security and Licensing Board, and the Electricians Licensing Board; and
(v)
two members shall be from the general public.
(3)
(a)
Except as required by Subsection (3)(b), as terms of current commission members expire, the executive director with the approval of the governor shall appoint each new member or reappointed member to a four-year term ending June 30.
(b)
Notwithstanding the requirements of Subsection (3)(a), the executive director with the approval of the governor shall, at the time of appointment or reappointment, adjust the length of terms to stagger the terms of commission members so that approximately 1/2 of the commission members are appointed every two years.
(c)
A commission member may not serve more than two consecutive terms.
(4)
The commission shall elect annually one of its members as chair, for a term of one year.
(5)
When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
(6)
A member may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:
rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(7)
(a)
The commission shall meet at least monthly unless the director determines otherwise.
(b)
The director may call additional meetings at the director’s discretion, upon the request of the chair, or upon the written request of four or more commission members.
(8)
(a)
Five members constitute a quorum for the transaction of business.
(b)
If a quorum is present when a vote is taken, the affirmative vote of commission members present is the act of the commission.
For purposes of this Subsection (10), “concurrence” means the entities given a concurring role must jointly agree for the action to be taken.
(b)
If a provision of this chapter requires concurrence between the director or division and the commission and no concurrence can be reached, the director or division has final authority.
(c)
When this chapter requires concurrence between the director or division and the commission:
(i)
the director or division shall report to and update the commission on a regular basis related to matters requiring concurrence; and
(ii)
the commission shall review the report submitted by the director or division under this Subsection (10)(c) and concur with the report, or:
(A)
provide a reason for not concurring with the report; and
(B)
provide recommendations to the director or division.
