Part 1 General Provisions 32B-15-101 – 32B-15-102
Part 2 Liability 32B-15-201 – 32B-15-203
Part 3 Civil Action 32B-15-301 – 32B-15-302

Terms Used In Utah Code > Title 32B > Chapter 15

  • Adjudicative proceeding: means :Utah Code 48-2e-1156
  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 48-2e-1156
  • Alarm business or 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 system: means equipment and devices assembled for the purpose of:
    (a) detecting and signaling unauthorized intrusion or entry into or onto certain premises; or
    (b) signaling a robbery or attempted robbery on protected premises. See Utah Code 58-55-102
  • Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
  • 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 continuing education: means instruction provided through courses under a program established under Subsection 58-55-302. See Utah Code 58-55-102
  • Approved prelicensure course provider: means a provider that is approved by the commission with the concurrence of the director, 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
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Beer: includes a product that:
    (i) contains alcohol in the percentages described in Subsection (10)(a); and
    (ii) is referred to as:
    (A) beer;
    (B) ale;
    (C) porter;
    (D) stout;
    (E) lager; or
    (F) a malt or malted beverage. See Utah Code 32B-1-102
  • Beer retailer: means a business that:
    (a) is engaged, primarily or incidentally, in the retail sale of beer to a patron, whether for consumption on or off the business premises; and
    (b) is licensed as:
    (i) an off-premise beer retailer, in accordance with Chapter 7, Part 2, Off-Premise Beer Retailer Local Authority; or
    (ii) an on-premise beer retailer, in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer License. See Utah Code 32B-1-102
  • 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
  • Board: means the Radiologic Technologist Licensing Board established under this chapter. See Utah Code 58-54-102
  • Bona fide prospective purchaser: has the meaning given in 42 U. See Utah Code 19-6-302
  • Cleanup action: means action taken according to the procedures established in this part to prevent, eliminate, minimize, mitigate, or clean up the release of a hazardous material from a facility. See Utah Code 19-6-302
  • Combustion system: means an assembly consisting of:
    (a) piping and components with a means for conveying, either continuously or intermittently, natural gas from the outlet of the natural gas provider's meter to the burner of the appliance;
    (b) the electric control and combustion air supply and venting systems, including air ducts; and
    (c) components intended to achieve control of quantity, flow, and pressure. See Utah Code 58-55-102
  • Commission: means the Construction Services Commission created under Section 58-55-103. See Utah Code 58-55-102
  • Commission: means the Alcoholic Beverage Control Commission created in Section 32B-2-201. See Utah Code 32B-1-102
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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
  • Contiguous property owner: means a person who qualifies for the exemption from liability in 42 U. See Utah Code 19-6-302
  • 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 (13), 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.
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • Critical access hospital: means a hospital in a rural or medically underserved area that is recognized by the Centers for Medicare and Medicaid Services as meeting the conditions of participation specified in 42 C. See Utah Code 58-54-102
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Death of a third person: includes recovery for all damages, special and general, resulting from the death, except punitive damages. See Utah Code 32B-15-102
  • Department: means the Department of Alcoholic Beverage Control created in Section 32B-2-203. See Utah Code 32B-1-102
  • Department: means the Department of Environmental Quality. See Utah Code 19-1-103
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • 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
  • 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
  • Enforcement action: means the procedures contained in Section 19-6-306 to enforce orders, rules, and agreements authorized by this part. See Utah Code 19-6-302
  • 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.
  • Executive director: means the executive director of the department appointed pursuant to Section 19-1-104. See Utah Code 19-1-103
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • 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
  • Fund: means the Hazardous Substances Mitigation Fund created by Section 19-6-307. See Utah Code 19-6-302
  • Gas appliance: means any device that uses natural gas to produce light, heat, power, steam, hot water, refrigeration, or air conditioning. 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 construction of fixed works in any of the following: irrigation, drainage, water, power, water supply, flood control, inland waterways, harbors, railroads, highways, tunnels, airports and runways, sewers and bridges, refineries, pipelines, chemical and industrial plants requiring specialized engineering knowledge and skill, piers, and foundations, or any of the components of those works. See Utah Code 58-55-102
  • 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
  • General supervision: means the supervising radiologist is available to provide immediate communication with the supervised person and is aware of the procedure before it is performed. See Utah Code 58-54-102
  • Hazardous materials: means hazardous waste as defined in the Utah Hazardous Waste Management Regulations, PCBs, dioxin, asbestos, or a substance regulated under 42 U. See Utah Code 19-6-302
  • Hazardous substances: means the definition of hazardous substances contained in CERCLA. See Utah Code 19-6-302
  • Highway: includes :Utah Code 48-2e-1156
  • 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
  • Indirect supervision: means the supervising radiologist:
    (a) has given either written or verbal instructions to the person being supervised;
    (b) is present in the facility in which the person being supervised is providing services; and
    (c) is available to provide immediate face-to-face communications with the person being supervised. See Utah Code 58-54-102
  • Individual: means a natural person. See Utah Code 58-55-102
  • Injury: includes injury in person, property, or means of support. See Utah Code 32B-15-102
  • Innocent landowner: means a person who qualifies for the exemption from liability in 42 U. See Utah Code 19-6-302
  • Interdicted person: means a person to whom the sale, offer for sale, or furnishing of an alcoholic product is prohibited by:
    (a) law; or
    (b) court order. See Utah Code 32B-1-102
  • 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.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Licensee: means a person who holds a license. See Utah Code 32B-1-102
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Manufacture: means to distill, brew, rectify, mix, compound, process, ferment, or otherwise make an alcoholic product for personal use or for sale or distribution to others. See Utah Code 32B-1-102
  • 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
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 48-2e-1156
  • Off-premise beer retailer: means a beer retailer who is:
    (i) licensed in accordance with Chapter 7, Off-Premise Beer Retailer Act; and
    (ii) engaged in the retail sale of beer to a patron for consumption off the beer retailer's premises. See Utah Code 32B-1-102
  • On-premise beer retailer: means a beer retailer who is:
    (a) authorized to sell, offer for sale, or furnish beer under a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer License; and
    (b) engaged in the sale of beer to a patron for consumption on the beer retailer's premises:
    (i) regardless of whether the beer retailer sells beer for consumption off the licensed premises; and
    (ii) on and after March 1, 2012, operating:
    (A) as a tavern; or
    (B) in a manner that meets the requirements of Subsection 32B-6-703(2)(e)(i). See Utah Code 32B-1-102
  • Oversight: Committee review of the activities of a Federal agency or program.
  • 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 an individual, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. See Utah Code 19-1-103
  • 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
  • Person: means :Utah Code 48-2e-1156
  • Personal property: includes :Utah Code 48-2e-1156
  • 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
  • Practice of radiologic technology: means using radiation from a radioactive substance, radiology equipment, or any other source, in amounts beyond normal background levels, for diagnostic or therapeutic purposes on humans. See Utah Code 58-54-102
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 48-2e-1156
  • Property: includes both real and personal property. See Utah Code 48-2e-1156
  • Quorum: The number of legislators that must be present to do business.
  • Radiologic technologist: means a person licensed under this chapter to engage in the practice of radiologic technology under the general supervision of a radiologist or radiology practitioner including the administration of parenteral contrast media, radionuclides, and other medications incidental to radiology procedures provided the administrations are under the direct supervision of a qualified physician and the technologist is currently certified in cardiopulmonary resuscitation (CPR) and appropriate patient care procedures. See Utah Code 58-54-102
  • Radiologist: means a physician certified by the American Board of Radiology, the American Osteopathic Board of Radiology, the British Royal College of Radiology, or the Canadian College of Physicians and Surgeons. See Utah Code 58-54-102
  • Radiologist assistant: means a person licensed under this chapter to engage in the practice of a radiologist assistant. See Utah Code 58-54-102
  • Radiology equipment: means any medical radiation device that emits ionizing or nonionizing radiation or detects that radiation for the purpose or intended purpose of:
    (a) diagnosing disease or other medical conditions in humans; or
    (b) treating, curing, mitigating, or preventing disease in humans. See Utah Code 58-54-102
  • Radiology practical technician: means a person licensed under this chapter to engage in a practice of radiologic technology performing limited diagnostic radiology procedures:
    (a) as defined and permitted by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
    (b) under the supervision of a radiologist or radiology practitioner. See Utah Code 58-54-102
  • Radiology practitioner: means any person or individual licensed in this state as a physician and surgeon, osteopathic physician, podiatric physician, chiropractic physician, dentist, dental hygienist, or a physician's assistant, nurse practitioner, or nurse specialist practicing under the supervision of an approved supervising physician and in accordance with an approved protocol and utilization plan. See Utah Code 58-54-102
  • real property: includes :Utah Code 48-2e-1156
  • 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 electrician: means a person licensed under this chapter as a residential 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 on residential projects. 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 industrial purposes. See Utah Code 58-55-102
  • Responsible party: means :
    (i) the owner or operator of a facility;
    (ii) any person who, at the time any hazardous substance or material was disposed of at the facility, owned or operated the facility;
    (iii) any person who arranged for disposal or treatment, or arranged with a transporter for transport, for disposal, or treatment of hazardous materials or substances owned or possessed by the person, at any facility owned or operated by another person and containing the hazardous materials or substances; or
    (iv) any person who accepts or accepted any hazardous materials or substances for transport to a facility selected by that person from which there is a release that causes the incurrence of response costs. See Utah Code 19-6-302
  • Road: includes :Utah Code 48-2e-1156
  • 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
  • Staff: includes :
    (i) an officer;
    (ii) a director;
    (iii) an employee;
    (iv) personnel management;
    (v) an agent of the licensee, including a managing agent;
    (vi) an operator; or
    (vii) a representative. See Utah Code 32B-1-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 48-2e-1156
  • Statute: A law passed by a legislature.
  • Trustee: A person or institution holding and administering property in trust.
  • Unincorporated entity: means an entity that is not:
    (a) an individual;
    (b) a corporation; or
    (c) publicly traded. See Utah Code 58-55-102
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 48-2e-1156
  • Unlawful conduct: is a s defined in Sections 58-1-501 and 58-54-501. See Utah Code 58-54-102
  • Unprofessional conduct: means the same as that term is defined in Sections 58-1-501 and 58-55-502 and as may be further defined by rule. See Utah Code 58-55-102
  • Unprofessional conduct: is a s defined in Sections 58-1-501 and 58-54-501 and as may be further defined by administrative rule adopted by the division. See Utah Code 58-54-102
  • 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
  • Writing: includes :Utah Code 48-2e-1156
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