Each applicant for a license under this chapter shall:
Terms Used In Utah Code 58-55-302
Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
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
Alarm company officer: means :
(a)
a governing person, as defined in Section 48-3a-102, of an alarm company;
(b)
an individual appointed as an officer of an alarm company that is a corporation in accordance with Section 16-10a-830;
(c)
a general partner, as defined in Section 48-2e-102, of an alarm company; or
a shareholder, as defined in Section 16-10a-102, who owns directly, or indirectly through an entity controlled by the individual, 5% or more of the outstanding shares of an alarm company that:
(i)
is a corporation; and
(ii)
is not publicly listed or traded; or
(b)
an individual who owns directly, or indirectly through an entity controlled by the individual, 5% or more of the equity of an alarm company that is not a corporation. See Utah Code 58-55-102
Alarm company proprietor: means the sole proprietor of an alarm company that is registered as a sole proprietorship with the Division of Corporations and Commercial Code. See Utah Code 58-55-102
Alarm company trustee: means an individual with control of or power of administration over property held in trust. See Utah Code 58-55-102
Apprentice electrician: means a person licensed under this chapter as an apprentice electrician who is learning the electrical trade under the immediate supervision of a master electrician, residential master electrician, a journeyman electrician, or a residential journeyman electrician. See Utah Code 58-55-102
Apprentice plumber: means a person licensed under this chapter as an apprentice plumber who is learning the plumbing trade under the immediate supervision of a master plumber, residential master plumber, journeyman plumber, or a residential journeyman plumber. See Utah Code 58-55-102
Approved prelicensure course provider: means a provider that is the Associated General Contractors of Utah, the Utah Chapter of the Associated Builders and Contractors, or the Utah Home Builders Association, and that meets the requirements established by rule by the commission with the concurrence of the director, to teach the 25-hour course described in Subsection 58-55-302(1)(e)(iii). 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
Construction trades instructor: means a person licensed under this chapter to teach one or more construction trades in both a classroom and project environment, where a project is intended for sale to or use by the public and is completed under the direction of the instructor, who has no economic interest in the project. 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
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
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
Elevator: means the same as that term is defined in Section 34A-7-202, except that for purposes of this chapter it does not mean a stair chair, a vertical platform lift, or an incline platform lift. See Utah Code 58-55-102
Elevator contractor: means a sole proprietor, firm, or corporation licensed under this chapter that is engaged in the business of erecting, constructing, installing, altering, servicing, repairing, or maintaining an elevator. See Utah Code 58-55-102
Elevator mechanic: means an individual who is licensed under this chapter as an elevator mechanic and who is engaged in erecting, constructing, installing, altering, servicing, repairing, or maintaining an elevator under the immediate supervision of an elevator contractor. 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.
Financial responsibility: means a demonstration of a current and expected future condition of financial solvency evidencing a reasonable expectation to the division and the board that an applicant or licensee can successfully engage in business as a contractor without jeopardy to the public health, safety, and welfare. 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
General electrical contractor: means a person licensed under this chapter as a general electrical contractor qualified by education, training, experience, and knowledge to perform the fabrication, construction, and installation of generators, transformers, conduits, raceways, panels, switch gear, electrical wires, fixtures, appliances, or apparatus that uses electrical energy. See Utah Code 58-55-102
General engineering contractor: means a person licensed under this chapter as a general engineering contractor qualified by education, training, experience, and knowledge to perform or superintend construction of fixed works or components of fixed works requiring specialized engineering knowledge and skill in any of the following:
General plumbing contractor: means a person licensed under this chapter as a general plumbing contractor qualified by education, training, experience, and knowledge to perform the fabrication or installation of material and fixtures to create and maintain sanitary conditions in a building by providing 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 a safe and adequate supply of gases for lighting, heating, and industrial purposes. See Utah Code 58-55-102
Immediate supervision: means reasonable direction, oversight, inspection, and evaluation of the work of a person:
(a)
as the division specifies in rule;
(b)
by, as applicable, a qualified electrician or plumber;
(c)
as part of a planned program of training; and
(d)
to ensure that the end result complies with applicable standards. See Utah Code 58-55-102
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
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
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
Master plumber: means a person licensed under this chapter as a master plumber having the qualifications, training, experience, and knowledge to properly plan and layout projects and supervise persons in the plumbing trade. See Utah Code 58-55-102
Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
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
Ratio of apprentices: means the number of licensed plumber apprentices or licensed electrician apprentices that are allowed to be under the immediate supervision of a licensed supervisor as established by the provisions of this chapter and by rules made by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 58-55-102
Residential and small commercial contractor: means a person licensed under this chapter as a residential and small commercial contractor qualified by education, training, experience, and knowledge to perform or superintend the construction of single-family residences, multifamily residences up to four units, and commercial construction of not more than three stories above ground and not more than 20,000 square feet, or any of the components of that construction except plumbing, electrical work, mechanical work, and manufactured housing installation, for which the residential and small commercial contractor shall employ the services of a contractor licensed in the particular specialty, except that a residential and small commercial 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
Residential electrical contractor: means a person licensed under this chapter as a residential electrical contractor qualified by education, training, experience, and knowledge to perform the fabrication, construction, and installation of services, disconnecting means, grounding devices, panels, conductors, load centers, lighting and plug circuits, appliances, and fixtures in a residential unit. See Utah Code 58-55-102
Residential journeyman electrician: means a person licensed under this chapter as a residential 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 on buildings using primarily nonmetallic sheath cable. 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
Residential master plumber: means a person licensed under this chapter as a residential master plumber having the qualifications, training, experience, and knowledge to properly plan and layout projects and supervise persons in the plumbing trade as limited to the plumbing of residential buildings. See Utah Code 58-55-102
Residential plumbing contractor: means a person licensed under this chapter as a residential plumbing contractor qualified by education, training, experience, and knowledge to perform the fabrication or installation of material and fixtures to create and maintain sanitary conditions in residential buildings by providing 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 a safe and adequate supply of gases for lighting, heating, and residential purposes. See Utah Code 58-55-102
Specialty contractor: means a person licensed under this chapter under a specialty contractor classification established by rule, who is qualified by education, training, experience, and knowledge to perform those construction trades and crafts requiring specialized skill, the regulation of which are determined by the division to be in the best interest of the public health, safety, and welfare. 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
Trustee: A person or institution holding and administering property in trust.
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
(a)
submit an application prescribed by the division;
(b)
pay a fee as determined by the department under Section 63J-1-504;
(c)
meet the examination requirements established by this section and by rule by the commission with the concurrence of the director, which requirements include:
(i)
for licensure as an apprentice electrician, apprentice plumber, or specialty contractor, no division-administered examination is required;
(ii)
for licensure as a general building contractor, general engineering contractor, residential and small commercial contractor, general plumbing contractor, residential plumbing contractor, general electrical contractor, or residential electrical contractor, the only required division-administered examination is a division-administered examination that covers information from the 25-hour course described in Subsection (1)(e)(iii), which course may have been previously completed as part of applying for any other license under this chapter, and, if the 25-hour course was completed on or after July 1, 2019, the five-hour business law course described in Subsection (1)(e)(iv); and
(iii)
if required in Section 58-55-304, an individual qualifier must pass the required division-administered examination if the applicant is a business entity;
(d)
if an apprentice, identify the proposed supervisor of the apprenticeship;
(e)
if an applicant for a contractor’s license:
(i)
produce satisfactory evidence of financial responsibility, except for a construction trades instructor for whom evidence of financial responsibility is not required;
(ii)
produce satisfactory evidence of:
(A)
except as provided in Subsection (2)(a), and except that no employment experience is required for licensure as a specialty contractor, two years full-time paid employment experience in the construction industry, which employment experience, unless more specifically described in this section, may be related to any contracting classification and does not have to include supervisory experience; and
(B)
knowledge of the principles of the conduct of business as a contractor, reasonably necessary for the protection of the public health, safety, and welfare;
(iii)
except as otherwise provided by rule by the commission with the concurrence of the director, complete a 25-hour course established by rule by the commission with the concurrence of the director, which is taught by an approved prelicensure course provider, and which course may include:
(A)
construction business practices;
(B)
bookkeeping fundamentals;
(C)
mechanics lien fundamentals;
(D)
other aspects of business and construction principles considered important by the commission with the concurrence of the director; and
(E)
for no additional fee, a provider-administered examination at the end of the 25-hour course;
(iv)
complete a five-hour business and law course established by rule by the commission with the concurrence of the director, which is taught by an approved prelicensure course provider, if an applicant for licensure as a general building contractor, general engineering contractor, residential and small commercial contractor, general plumbing contractor, residential plumbing contractor, general electrical contractor, or residential electrical contractor, except that if the 25-hour course described in Subsection (1)(e)(iii) was completed before July 1, 2019, the applicant does not need to take the business and law course;
(v)
(A)
be a licensed master electrician if an applicant for an electrical contractor’s license or a licensed master residential electrician if an applicant for a residential electrical contractor’s license;
(B)
be a licensed master plumber if an applicant for a plumbing contractor’s license or a licensed master residential plumber if an applicant for a residential plumbing contractor’s license; or
(C)
be a licensed elevator mechanic and produce satisfactory evidence of three years experience as an elevator mechanic if an applicant for an elevator contractor‘s license; and
(vi)
when the applicant is an unincorporated entity, provide a list of the one or more individuals who hold an ownership interest in the applicant as of the day on which the application is filed that includes for each individual:
(A)
the individual’s name, address, birth date, and social security number or other satisfactory evidence of the applicant’s identity permitted under rules made by the division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(B)
whether the individual will engage in a construction trade; and
(f)
if an applicant for a construction trades instructor license, satisfy any additional requirements established by rule.
(2)
(a)
If the applicant for a contractor’s license described in Subsection (1) is a building inspector, the applicant may satisfy Subsection (1)(e)(ii)(A) by producing satisfactory evidence of two years full-time paid employment experience as a building inspector, which shall include at least one year full-time experience as a licensed combination inspector.
(b)
The applicant shall file the following with the division before the division issues the license:
(i)
proof of workers’ compensation insurance which covers employees of the applicant in accordance with applicable Utah law;
(ii)
proof of public liability insurance in coverage amounts and form established by rule except for a construction trades instructor for whom public liability insurance is not required; and
(iii)
proof of registration as required by applicable law with the:
In addition to the general requirements for each applicant in Subsection (1), applicants shall comply with the following requirements to be licensed in the following classifications:
(a)
(i)
A master plumber shall produce satisfactory evidence that the applicant:
(A)
has been a licensed journeyman plumber for at least two years and had two years of supervisory experience as a licensed journeyman plumber in accordance with division rule;
(B)
has received at least an associate of applied science degree or similar degree following the completion of a course of study approved by the division and had one year of supervisory experience as a licensed journeyman plumber in accordance with division rule; or
(C)
meets the qualifications for expedited licensure as established by rules made by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge and skills to be a licensed master plumber.
(ii)
An individual holding a valid Utah license as a journeyman plumber, based on at least four years of practical experience as a licensed apprentice under the supervision of a licensed journeyman plumber and four years as a licensed journeyman plumber, in effect immediately prior to May 5, 2008, is on and after May 5, 2008, considered to hold a current master plumber license under this chapter, and satisfies the requirements of this Subsection (3)(a) for the purpose of renewal or reinstatement of that license under Section 58-55-303.
(iii)
An individual holding a valid plumbing contractor’s license or residential plumbing contractor’s license, in effect immediately prior to May 5, 2008, is on or after May 5, 2008:
(A)
considered to hold a current master plumber license under this chapter if licensed as a plumbing contractor and a journeyman plumber, and satisfies the requirements of this Subsection (3)(a) for purposes of renewal or reinstatement of that license under Section 58-55-303; and
(B)
considered to hold a current residential master plumber license under this chapter if licensed as a residential plumbing contractor and a residential journeyman plumber, and satisfies the requirements of this Subsection (3)(a) for purposes of renewal or reinstatement of that license under Section 58-55-303.
(b)
A master residential plumber applicant shall produce satisfactory evidence that the applicant:
(i)
has been a licensed residential journeyman plumber for at least two years and had two years of supervisory experience as a licensed residential journeyman plumber in accordance with division rule; or
(ii)
meets the qualifications for expedited licensure as established by rules made by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge and skills to be a licensed master residential plumber.
(c)
A journeyman plumber applicant shall produce satisfactory evidence of:
(i)
successful completion of the equivalent of at least four years of full-time training and instruction as a licensed apprentice plumber under supervision of a licensed master plumber or journeyman plumber and in accordance with a planned program of training approved by the division;
(ii)
at least eight years of full-time experience approved by the division in collaboration with the Plumbers Licensing Board; or
(iii)
meeting the qualifications for expedited licensure as established by rules made by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge and skills to be a licensed journeyman plumber.
(d)
A residential journeyman plumber shall produce satisfactory evidence of:
(i)
completion of the equivalent of at least three years of full-time training and instruction as a licensed apprentice plumber under the supervision of a licensed residential master plumber, licensed residential journeyman plumber, or licensed journeyman plumber in accordance with a planned program of training approved by the division;
(ii)
completion of at least six years of full-time experience in a maintenance or repair trade involving substantial plumbing work; or
(iii)
meeting the qualifications for expedited licensure as established by rules made by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge and skills to be a licensed residential journeyman plumber.
(e)
The conduct of licensed apprentice plumbers and their licensed supervisors shall be in accordance with the following:
(i)
while engaging in the trade of plumbing, a licensed apprentice plumber shall be under the immediate supervision of a licensed master plumber, licensed residential master plumber, licensed journeyman plumber, or licensed residential journeyman plumber;
(ii)
beginning in a licensed apprentice plumber’s fourth year of training, a licensed apprentice plumber may work without supervision for a period not to exceed eight hours in any 24-hour period; and
(iii)
rules made by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the ratio of apprentices allowed under the immediate supervision of a licensed supervisor, including the ratio of apprentices in their fourth year of training or later that are allowed to be under the immediate supervision of a licensed supervisor.
(f)
A master electrician applicant shall produce satisfactory evidence that the applicant:
(i)
is a graduate electrical engineer of an accredited college or university approved by the division and has one year of practical electrical experience as a licensed apprentice electrician;
(ii)
is a graduate of an electrical trade school, having received an associate of applied sciences degree following successful completion of a course of study approved by the division, and has two years of practical experience as a licensed journeyman electrician;
(iii)
has four years of practical experience as a journeyman electrician; or
(iv)
meets the qualifications for expedited licensure as established by rules made by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge and skills to be a licensed master electrician.
(g)
A master residential electrician applicant shall produce satisfactory evidence that the applicant:
(i)
has at least two years of practical experience as a residential journeyman electrician; or
(ii)
meets the qualifications for expedited licensure as established by rules made by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge and skills to be a master residential electrician.
(h)
A journeyman electrician applicant shall produce satisfactory evidence that the applicant:
(i)
has successfully completed at least four years of full-time training and instruction as a licensed apprentice electrician under the supervision of a master electrician or journeyman electrician and in accordance with a planned training program approved by the division;
(ii)
has at least eight years of full-time experience approved by the division in collaboration with the Electricians Licensing Board; or
(iii)
meets the qualifications for expedited licensure as established by rules made by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge and skills to be a licensed journeyman electrician.
(i)
A residential journeyman electrician applicant shall produce satisfactory evidence that the applicant:
(i)
has successfully completed two years of training in an electrical training program approved by the division;
(ii)
has four years of practical experience in wiring, installing, and repairing electrical apparatus and equipment for light, heat, and power under the supervision of a licensed master, journeyman, residential master, or residential journeyman electrician; or
(iii)
meets the qualifications for expedited licensure as established by rules made by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge and skills to be a licensed residential journeyman electrician.
(j)
The conduct of licensed apprentice electricians and their licensed supervisors shall be in accordance with the following:
(i)
A licensed apprentice electrician shall be under the immediate supervision of a licensed master, journeyman, residential master, or residential journeyman electrician;
(ii)
beginning in a licensed apprentice electrician’s fourth year of training, a licensed apprentice electrician may work without supervision for a period not to exceed eight hours in any 24-hour period;
(iii)
rules made by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the ratio of apprentices allowed under the immediate supervision of a licensed supervisor, including the ratio of apprentices in their fourth year of training or later that are allowed to be under the immediate supervision of a licensed supervisor; and
(iv)
a licensed supervisor may have up to three licensed apprentice electricians on a residential project, or more if established by rules made by the commission, in concurrence with the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(k)
An alarm company applicant shall:
(i)
have a qualifying agent who:
(A)
is an alarm company officer, alarm company owner, alarm company proprietor, an alarm company trustee, or other responsible management personnel;
(B)
demonstrates 6,000 hours of experience in the alarm company business;
(C)
demonstrates 2,000 hours of experience as a manager or administrator in the alarm company business or in a construction business; and
(D)
passes an examination component established by rule by the commission with the concurrence of the director;
(ii)
provide the name, address, date of birth, social security number, fingerprint card, and consent to a background check in accordance with Section 58-55-302.1 and requirements established by division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for each alarm company officer, alarm company owner, alarm company proprietor, alarm company trustee, and responsible management personnel with direct responsibility for managing operations of the applicant within the state;
(iii)
document that none of the persons described in Subsection (3)(k)(ii):
(A)
have been declared by any court of competent jurisdiction incompetent by reason of mental defect or disease and not been restored; or
(B)
are currently suffering from habitual drunkenness or from drug addiction or dependence;
(iv)
file and maintain with the division evidence of:
(A)
comprehensive general liability insurance in form and in amounts to be established by rule by the commission with the concurrence of the director;
(B)
workers’ compensation insurance that covers employees of the applicant in accordance with applicable Utah law; and
(C)
registration as is required by applicable law with the:
not have been declared by any court of competent jurisdiction incompetent by reason of mental defect or disease and not been restored;
(v)
not be currently suffering from habitual drunkenness or from drug addiction or dependence; and
(vi)
meet with the division and board if requested by the division or the board.
(m)
(i)
Each applicant for licensure as an elevator mechanic shall:
(A)
provide documentation of experience and education credits of not less than three years work experience in the elevator industry, in construction, maintenance, or service and repair; and
(B)
satisfactorily complete a written examination administered by the division established by rule under Section 58-1-203; or
(C)
provide certificates of completion of an apprenticeship program for elevator mechanics, having standards substantially equal to those of this chapter and registered with the United States Department of Labor Bureau Apprenticeship and Training or a state apprenticeship council.
(ii)
(A)
If an elevator contractor licensed under this chapter cannot find a licensed elevator mechanic to perform the work of erecting, constructing, installing, altering, servicing, repairing, or maintaining an elevator, the contractor may:
(I)
notify the division of the unavailability of licensed personnel; and
(II)
request the division issue a temporary elevator mechanic license to an individual certified by the contractor as having an acceptable combination of documented experience and education to perform the work described in this Subsection (3)(m)(ii)(A).
(B)
(I)
The division may issue a temporary elevator mechanic license to an individual certified under Subsection (3)(m)(ii)(A)(II) upon application by the individual, accompanied by the appropriate fee as determined by the department under Section 63J-1-504.
(II)
The division shall specify the time period for which the license is valid and may renew the license for an additional time period upon its determination that a shortage of licensed elevator mechanics continues to exist.
(4)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules establishing when Federal Bureau of Investigation records shall be checked for applicants as an alarm company or alarm company agent under this section and Section 58-55-302.1.
(5)
(a)
An application for licensure under this chapter shall be denied if:
(i)
the applicant has had a previous license, which was issued under this chapter, suspended or revoked within two years before the date of the applicant’s application;
(ii)
(A)
the applicant is a partnership, corporation, or limited liability company; and
(B)
any corporate officer, director, shareholder holding 25% or more of the stock in the applicant, partner, member, agent acting as a qualifier, or any person occupying a similar status, performing similar functions, or directly or indirectly controlling the applicant has served in any similar capacity with any person or entity which has had a previous license, which was issued under this chapter, suspended or revoked within two years before the date of the applicant’s application;
(iii)
(A)
the applicant is an individual or sole proprietorship; and
(B)
any owner or agent acting as a qualifier has served in any capacity listed in Subsection (5)(a)(ii)(B) in any entity which has had a previous license, which was issued under this chapter, suspended or revoked within two years before the date of the applicant’s application; or
(iv)
(A)
the applicant includes an individual who was an owner, director, or officer of an unincorporated entity at the time the entity’s license under this chapter was revoked; and
(B)
the application for licensure is filed within 60 months after the revocation of the unincorporated entity’s license.
(b)
An application for licensure under this chapter shall be reviewed by the appropriate licensing board prior to approval if:
(i)
the applicant has had a previous license, which was issued under this chapter, suspended or revoked more than two years before the date of the applicant’s application;
(ii)
(A)
the applicant is a partnership, corporation, or limited liability company; and
(B)
any corporate officer, director, shareholder holding 25% or more of the stock in the applicant, partner, member, agent acting as a qualifier, or any person occupying a similar status, performing similar functions, or directly or indirectly controlling the applicant has served in any similar capacity with any person or entity which has had a previous license, which was issued under this chapter, suspended or revoked more than two years before the date of the applicant’s application; or
(iii)
(A)
the applicant is an individual or sole proprietorship; and
(B)
any owner or agent acting as a qualifier has served in any capacity listed in Subsection (5)(a)(ii)(B) in any entity which has had a previous license, which was issued under this chapter, suspended or revoked more than two years before the date of the applicant’s application.
(6)
(a)
(i)
A licensee that is an unincorporated entity shall file an ownership status report with the division every 30 days after the day on which the license is issued if the licensee has more than five owners who are individuals who:
(A)
own an interest in the contractor that is an unincorporated entity;
engage, or will engage, in a construction trade in the state as owners of the contractor described in Subsection (6)(a)(i)(A).
(ii)
If the licensee has five or fewer owners described in Subsection (6)(a)(i), the licensee shall provide the ownership status report with an application for renewal of licensure.
(b)
An ownership status report required under this Subsection (6) shall:
(i)
specify each addition or deletion of an owner:
(A)
for the first ownership status report, after the day on which the unincorporated entity is licensed under this chapter; and
(B)
for a subsequent ownership status report, after the day on which the previous ownership status report is filed;
(ii)
be in a format prescribed by the division that includes for each owner, regardless of the owner’s percentage ownership in the unincorporated entity, the information described in Subsection (1)(e)(vi);
(iii)
list the name of:
(A)
each officer or manager of the unincorporated entity; and
(B)
each other individual involved in the operation, supervision, or management of the unincorporated entity; and
(iv)
be accompanied by a fee set by the division in accordance with Section 63J-1-504 if the ownership status report indicates there is a change described in Subsection (6)(b)(i).
(c)
The division may, at any time, audit an ownership status report under this Subsection (6):
(i)
to determine if financial responsibility has been demonstrated or maintained as required under Section 58-55-306; and
An unincorporated entity that provides 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 shall file with the division:
(i)
before the individual who owns an interest in the unincorporated entity engages in a construction trade in Utah, a current list of the one or more individuals who hold an ownership interest in the unincorporated entity that includes for each individual:
(A)
the individual’s name, address, birth date, and social security number; and
(B)
whether the individual will engage in a construction trade; and
(ii)
every 30 days after the day on which the unincorporated entity provides the list described in Subsection (7)(a)(i), an ownership status report containing the information that would be required under Subsection (6) if the unincorporated entity were a licensed contractor.
(b)
When filing an ownership list described in Subsection (7)(a)(i) or an ownership status report described in Subsection (7)(a)(i) an unincorporated entity shall pay a fee set by the division in accordance with Section 63J-1-504.
(8)
This chapter may not be interpreted to create or support an express or implied independent contractor relationship between an unincorporated entity described in Subsection (6) or (7) and the owners of the unincorporated entity for any purpose, including income tax withholding.
(9)
(a)
A social security number provided under Subsection (1)(e)(vi) or (3)(k)(ii) is a private record under Subsection 63G-2-302(1)(i).
(b)
The division may designate an applicant’s evidence of identity under Subsection (1)(e)(vi) as a private record in accordance with Section 63G-2-302.
