58-55-302.5.  Continuing education requirements for contractor licensees — Continuing education courses.

(1) 

Terms Used In Utah Code 58-55-302.5

  • Approved continuing education: means instruction provided through courses under a program established under Subsection 58-55-302. See Utah Code 58-55-102
  • Commission: means the Construction Services Commission created under Section 58-55-103. 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
  • 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
  • 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
    • (a)  Each contractor licensee under a license issued under this chapter shall complete six hours of approved continuing education during each two-year renewal cycle established by rule under Subsection 58-55-303(1).

    (b)  Each contractor licensee who has a renewal cycle that ends on or after January 1, 2020, shall complete one hour of approved continuing education on energy conservation as part of the six required hours.

    (2) 

    (a)  The commission shall, with the concurrence of the division, establish by rule a program of approved continuing education for contractor licensees.

    (b)  Except as provided in Subsection (2)(e), beginning on or after June 1, 2015, only courses offered by any of the following may be included in the program of approved continuing education for contractor licensees:

    (i)  the Associated General Contractors of Utah;

    (ii)  Associated Builders and Contractors, Utah Chapter;

    (iii)  the Utah Home Builders Association;

    (iv)  the National Electrical Contractors Association Intermountain Chapter;

    (v)  the Utah Plumbing & Heating Contractors Association;

    (vi)  the Independent Electrical Contractors of Utah;

    (vii)  the Rocky Mountain Gas Association;

    (viii)  the Utah Mechanical Contractors Association;

    (ix)  the Sheet Metal Contractors Association;

    (x)  the Intermountain Electrical Association;

    (xi)  the Builders Bid Service of Utah; or

    (xii)  Utah Roofing Contractors Association.

    (c)  An approved continuing education program for a contractor licensee may include a course approved by an entity described in Subsections (2)(b)(i) through (2)(b)(iii).

    (d) 

    (i)  Except as provided in Subsections (2)(d)(ii) and (iii), an entity listed in Subsections (2)(b)(iv) through (2)(b)(xii) may only offer and market continuing education courses to a licensee who is a member of the entity.

    (ii)  An entity described in Subsection (2)(b)(iv), (vi), or (x) may offer and market a continuing education course that the entity offers to satisfy the continuing education requirement described in Subsection 58-55-302.7(2)(a) to a contractor in the electrical trade.

    (iii)  An entity described in Subsection (2)(b)(v) or (viii) may offer and market a continuing education course that the entity offers to satisfy the continuing education requirement described in Subsection 58-55-302.7(2)(b) to a contractor in the plumbing trade.

    (e)  On or after June 1, 2015, an approved continuing education program for a contractor licensee may include a course offered and taught by:

    (i)  a state executive branch agency;

    (ii)  the workers’ compensation insurance carrier that provides workers’ compensation insurance under Section 31A-22-1001; or

    (iii)  a nationally or regionally accredited college or university that has a physical campus in the state.

    (f)  On or after June 1, 2017, for a contractor licensee that is licensed in the specialty contractor classification of HVAC contractor, at least three of the six hours described in Subsection (1) shall include continuing education directly related to the installation, repair, or replacement of a heating, ventilation, or air conditioning system.

    (3)  The division may contract with a person to establish and maintain a continuing education registry to include:

    (a)  a list of courses that the division has approved for inclusion in the program of approved continuing education; and

    (b)  a list of courses that:

    (i)  a contractor licensee has completed under the program of approved continuing education; and

    (ii)  the licensee may access to monitor the licensee’s compliance with the continuing education requirement established under Subsection (1).

    (4)  The division may charge a fee, as established by the division under Section 63J-1-504, to administer the requirements of this section.

    Amended by Chapter 3, 2021 Special Session 1

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