58-55-102 - Definitions.
58-55-102. Definitions.
In addition to the definitions in Section 58-1-102, as used in this chapter:
(1) (a) "Alarm business or company" means a person engaged in the sale, installation,maintenance, alteration, repair, replacement, servicing, or monitoring of an alarm system, exceptas provided in Subsection (1)(b).
(b) "Alarm business or company" does not include:
(i) a person engaged in the manufacture and sale of alarm systems when that person isnot engaged in the installation, maintenance, alteration, repair, replacement, servicing, ormonitoring of alarm systems, and the manufacture or sale occurs only at a place of businessestablished by the person engaged in the manufacture or sale and does not involve site visits atthe place or intended place of installation of an alarm system; or
(ii) an owner of an alarm system, or an employee of the owner of an alarm system who isengaged in installation, maintenance, alteration, repair, replacement, servicing, or monitoring ofthe alarm system owned by that owner.
(2) "Alarm company agent" means any individual employed within this state by a personengaged in the alarm business.
(3) "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.
(4) "Apprentice electrician" means a person licensed under this chapter as an apprenticeelectrician who is learning the electrical trade under the immediate supervision of a masterelectrician, residential master electrician, a journeyman electrician, or a residential journeymanelectrician.
(5) "Apprentice plumber" means a person licensed under this chapter as an apprenticeplumber who is learning the plumbing trade under the immediate supervision of a masterplumber, residential master plumber, journeyman plumber, or a residential journeyman plumber.
(6) "Approved continuing education" means instruction provided through courses undera program established under Subsection 58-55-302.5(2).
(7) "Board" means the Electrician Licensing Board, Alarm System Security andLicensing Board, or Plumbers Licensing Board created in Section 58-55-201.
(8) "Combustion system" means an assembly consisting of:
(a) piping and components with a means for conveying, either continuously orintermittently, natural gas from the outlet of the natural gas provider's meter to the burner of theappliance;
(b) the electric control and combustion air supply and venting systems, including airducts; and
(c) components intended to achieve control of quantity, flow, and pressure.
(9) "Commission" means the Construction Services Commission created under Section58-55-103.
(10) "Construction trade" means any trade or occupation involving:
(a) (i) construction, alteration, remodeling, repairing, wrecking or demolition, additionto, or improvement of any building, highway, road, railroad, dam, bridge, structure, excavation orother 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 58-56-3; or
(b) installation or repair of a residential or commercial natural gas appliance orcombustion system.
(11) "Construction trades instructor" means a person licensed under this chapter to teachone or more construction trades in both a classroom and project environment, where a project isintended 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.
(12) (a) "Contractor" means any person who for compensation other than wages as anemployee undertakes any work in the construction, plumbing, or electrical trade for whichlicensure is required under this chapter and includes:
(i) a person who builds any structure on his own property for the purpose of sale or whobuilds any structure intended for public use on his own property;
(ii) any person who represents himself to be a contractor by advertising or any othermeans;
(iii) any person engaged as a maintenance person, other than an employee, who regularlyengages in activities set forth under the definition of "construction trade";
(iv) any person engaged in any construction trade for which licensure is required underthis chapter; or
(v) a construction manager who performs management and counseling services on aconstruction project for a fee.
(b) "Contractor" does not include an alarm company or alarm company agent.
(13) (a) "Electrical trade" means the performance of any electrical work involved in theinstallation, construction, alteration, change, repair, removal, or maintenance of facilities,buildings, or appendages or appurtenances.
(b) "Electrical trade" does not include:
(i) transporting or handling electrical materials;
(ii) preparing clearance for raceways for wiring; or
(iii) work commonly done by unskilled labor on any installations under the exclusivecontrol of electrical utilities.
(c) For purposes of Subsection (13)(b):
(i) no more than one unlicensed person may be so employed unless more than fivelicensed electricians are employed by the shop; and
(ii) a shop may not employ unlicensed persons in excess of the five-to-one ratiopermitted by this Subsection (13)(c).
(14) "Elevator" has the same meaning as defined in Section 34A-7-202, except that forpurposes of this chapter it does not mean a stair chair, a vertical platform lift, or an inclineplatform lift.
(15) "Elevator contractor" means a sole proprietor, firm, or corporation licensed underthis chapter that is engaged in the business of erecting, constructing, installing, altering,servicing, repairing, or maintaining an elevator.
(16) "Elevator mechanic" means an individual who is licensed under this chapter as anelevator mechanic and who is engaged in erecting, constructing, installing, altering, servicing,repairing, or maintaining an elevator under the immediate supervision of an elevator contractor.
(17) "Employee" means an individual as defined by the division by rule givingconsideration to the definition adopted by the Internal Revenue Service and the Department of
Workforce Services.
(18) "Engage in a construction trade" means to:
(a) engage in, represent oneself to be engaged in, or advertise oneself as being engaged ina construction trade; or
(b) use the name "contractor" or "builder" or in any other way lead a reasonable person tobelieve one is or will act as a contractor.
(19) (a) "Financial responsibility" means a demonstration of a current and expectedfuture condition of financial solvency evidencing a reasonable expectation to the division and theboard that an applicant or licensee can successfully engage in business as a contractor withoutjeopardy to the public health, safety, and welfare.
(b) Financial responsibility may be determined by an evaluation of the total historyconcerning the licensee or applicant including past, present, and expected condition and record offinancial solvency and business conduct.
(20) "Gas appliance" means any device that uses natural gas to produce light, heat,power, steam, hot water, refrigeration, or air conditioning.
(21) (a) "General building contractor" means a person licensed under this chapter as ageneral building contractor qualified by education, training, experience, and knowledge toperform or superintend construction of structures for the support, shelter, and enclosure ofpersons, animals, chattels, or movable property of any kind or any of the components of thatconstruction except plumbing, electrical work, mechanical work, and manufactured housinginstallation, for which the general building contractor shall employ the services of a contractorlicensed in the particular specialty, except that a general building contractor engaged in theconstruction of single-family and multifamily residences up to four units may perform themechanical work and hire a licensed plumber or electrician as an employee.
(b) The division may by rule exclude general building contractors from engaging in theperformance of other construction specialties in which there is represented a substantial risk tothe public health, safety, and welfare, and for which a license is required unless that generalbuilding contractor holds a valid license in that specialty classification.
(22) (a) "General engineering contractor" means a person licensed under this chapter as ageneral engineering contractor qualified by education, training, experience, and knowledge toperform construction of fixed works in any of the following: irrigation, drainage, water, power,water supply, flood control, inland waterways, harbors, railroads, highways, tunnels, airports andrunways, sewers and bridges, refineries, pipelines, chemical and industrial plants requiringspecialized engineering knowledge and skill, piers, and foundations, or any of the components ofthose works.
(b) A general engineering contractor may not perform construction of structures builtprimarily for the support, shelter, and enclosure of persons, animals, and chattels.
(23) "Immediate supervision" means reasonable direction, oversight, inspection, andevaluation 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.
(24) "Individual" means a natural person.
(25) "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.
(26) "Journeyman plumber" means a person licensed under this chapter as a journeymanplumber having the qualifications, training, experience, and technical knowledge to engage in theplumbing trade.
(27) "Master electrician" means a person licensed under this chapter as a masterelectrician having the qualifications, training, experience, and knowledge to properly plan,layout, and supervise the wiring, installation, and repair of electrical apparatus and equipment forlight, heat, power, and other purposes.
(28) "Master plumber" means a person licensed under this chapter as a master plumberhaving the qualifications, training, experience, and knowledge to properly plan and layoutprojects and supervise persons in the plumbing trade.
(29) "Person" means a natural person, sole proprietorship, joint venture, corporation,limited liability company, association, or organization of any type.
(30) (a) "Plumbing trade" means the performance of any mechanical work pertaining tothe installation, alteration, change, repair, removal, maintenance, or use in buildings, or withinthree feet beyond the outside walls of buildings of pipes, fixtures, and fittings for:
(i) delivery of the water supply;
(ii) discharge of liquid and water carried waste; or
(iii) the building drainage system within the walls of the building.
(b) "Plumbing trade" includes work pertaining to the water supply, distribution pipes,fixtures and fixture traps, soil, waste and vent pipes, and the building drain and roof drainstogether with their devices, appurtenances, and connections where installed within the outsidewalls of the building.
(31) (a) "Ratio of apprentices" means, for the purpose of determining compliance withthe requirements for planned programs of training and electrician apprentice licensingapplications, the shop ratio of apprentice electricians to journeyman or master electricians shallbe one journeyman or master electrician to one apprentice on industrial and commercial work,and one journeyman or master electrician to three apprentices on residential work.
(b) On-the-job training shall be under circumstances in which the ratio of apprentices tosupervisors is in accordance with a ratio of one-to-one on nonresidential work and up to threeapprentices to one supervisor on residential projects.
(32) "Residential and small commercial contractor" means a person licensed under thischapter as a residential and small commercial contractor qualified by education, training,experience, and knowledge to perform or superintend the construction of single-familyresidences, multifamily residences up to four units, and commercial construction of not morethan three stories above ground and not more than 20,000 square feet, or any of the componentsof that construction except plumbing, electrical work, mechanical work, and manufacturedhousing installation, for which the residential and small commercial contractor shall employ theservices of a contractor licensed in the particular specialty, except that a residential and smallcommercial contractor engaged in the construction of single-family and multifamily residencesup to four units may perform the mechanical work and hire a licensed plumber or electrician asan employee.
(33) "Residential building," as it relates to the license classification of residentialjourneyman plumber and residential master plumber, means a single or multiple family dwelling
of up to four units.
(34) "Residential journeyman electrician" means a person licensed under this chapter as aresidential journeyman electrician having the qualifications, training, experience, and knowledgeto wire, install, and repair electrical apparatus and equipment for light, heat, power, and otherpurposes on buildings using primarily nonmetallic sheath cable.
(35) "Residential journeyman plumber" means a person licensed under this chapter as aresidential journeyman plumber having the qualifications, training, experience, and knowledge toengage in the plumbing trade as limited to the plumbing of residential buildings.
(36) "Residential master electrician" means a person licensed under this chapter as aresidential master electrician having the qualifications, training, experience, and knowledge toproperly plan, layout, and supervise the wiring, installation, and repair of electrical apparatus andequipment for light, heat, power, and other purposes on residential projects.
(37) "Residential master plumber" means a person licensed under this chapter as aresidential master plumber having the qualifications, training, experience, and knowledge toproperly plan and layout projects and supervise persons in the plumbing trade as limited to theplumbing of residential buildings.
(38) "Residential project," as it relates to an electrician or electrical contractor, meansbuildings primarily wired with nonmetallic sheathed cable, in accordance with standard rules andregulations governing this work, including the National Electrical Code, and in which the voltagedoes not exceed 250 volts line to line and 125 volts to ground.
(39) (a) "Specialty contractor" means a person licensed under this chapter under aspecialty contractor classification established by rule, who is qualified by education, training,experience, and knowledge to perform those construction trades and crafts requiring specializedskill, the regulation of which are determined by the division to be in the best interest of the publichealth, safety, and welfare.
(b) A specialty contractor may perform work in crafts or trades other than those in whichhe is licensed if they are incidental to the performance of his licensed craft or trade.
(40) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-55-501.
(41) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-55-502 and asmay be further defined by rule.
(42) "Wages" means amounts due to an employee for labor or services whether theamount is fixed or ascertained on a time, task, piece, commission, or other basis for calculatingthe amount.
Amended by Chapter 27, 2010 General Session
Amended by Chapter 53, 2010 General Session
Amended by Chapter 227, 2010 General Session