Commerce, Occupational and Professional Licensing

Section R156-55c-102

Definitions

Notice of Proposed Rule

(Amendment)

DAR File No.: 34338
Filed: 12/30/2010 10:03:45 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Subsection 58-55-305(1)(k)(i) in the Construction Trades Licensing Act was enacted by the 2010 Legislative Session in S.B. 85 and required the Division to define by rule incidental plumbing that is allowed without having a license. (DAR NOTE: S.B. 85 (2010) is found at Chapter 27, Laws of Utah 2010, and was effective 05/11/2010.)

Summary of the rule or change:

New Subsections R156-55c-102(3) and (4) are added which define the incidental plumbing work allowed to be performed by a non-licensee to include replacement or repair of various residential types of appliances, regardless of value, and replacement or repair of fixtures and other appliances having a value of less than $300, labor and materials included.

State statutory or constitutional authorization for this rule:

• Subsection 58-1-202(1)(a)
• Subsection 58-1-106(1)(a)
• Section 58-55-101

Anticipated cost or savings to:

the state budget:

The proposed amendments to the rule have been made to implement S.B 85 which was enacted during the 2010 Legislative Session and will not result in any additional impact to any party beyond what was identified in the legislative fiscal notes associated with that bill.

local governments:

The proposed amendments to the rule have been made to implement S.B 85 which was enacted during the 2010 Legislative Session and will not result in any additional impact to any party beyond what was identified in the legislative fiscal notes associated with that bill.

small businesses:

The proposed amendments to the rule have been made to implement S.B 85 which was enacted during the 2010 Legislative Session and will not result in any additional impact to any party beyond what was identified in the legislative fiscal notes associated with that bill. The proposed amendments set a boundary of what may or may not be done by unlicensed persons or what must be done by licensed persons. Each of these types of businesses may be affected in the amount of work they may do; however, it is impossible to estimate the amount to which they may be affected.

persons other than small businesses, businesses, or local governmental entities:

The proposed amendments to the rule have been made to implement S.B 85 which was enacted during the 2010 Legislative Session and will not result in any additional impact to any party beyond what was identified in the legislative fiscal notes associated with that bill. The proposed amendments set a boundary of what may or may not be done by unlicensed persons or what must be done by licensed persons. Each of these types of businesses may be affected in the amount of work they may do; however, it is impossible to estimate the amount to which they may be affected.

Compliance costs for affected persons:

The proposed amendments to the rule have been made to implement S.B 85 which was enacted during the 2010 Legislative Session and will not result in any additional impact to any party beyond what was identified in the legislative fiscal notes associated with that bill. The proposed amendments set a boundary of what may or may not be done by unlicensed persons or what must be done by licensed persons. Each of these types of businesses may be affected in the amount of work they may do; however, it is impossible to estimate the amount to which they may be affected.

Comments by the department head on the fiscal impact the rule may have on businesses:

This filing implements a recent statutory change requiring the Division to define incidental plumbing work. No fiscal impact to businesses is anticipated beyond those addressed by the Legislature.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Dan Jones at the above address, by phone at 801-530-6720, by FAX at 801-530-6511, or by Internet E-mail at dansjones@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

02/14/2011

Interested persons may attend a public hearing regarding this rule:

• 01/26/2011 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, Salt Lake City, UT

This rule may become effective on:

02/21/2011

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-55c. Plumber Licensing Rule.

R156-55c-102. Definitions.

In addition to the definitions in Title 58, Chapters 1 and 55, as used in Title 58, Chapters 1 and 55 or this rule:

(1) "Board" means the Plumbers Licensing Board.

(2) "Direct supervision", as used in this rule, means reasonable direction, oversight, inspection, and evaluation of the work of a person, in or out of the immediate presence of the supervision person, so as to ensure that the end result complies with applicable standards.

(3) "Minor plumbing work that is incidental", as used in Subsection 58-55-305(1)(k)(i) and this rule, means:

(a) repair or replacement of the following residential type appliances:

(i) dishwashers;

(ii) refrigerators;

(iii) freezers;

(iv) ice makers;

(v) stoves;

(vi) ranges;

(vii) clothes washers; and

(viii) clothes dryers; and

(b) repair or replacement of other plumbing fixtures and appliances inside the occupied space of a structure, when the cost of the repair or replacement does not exceed $300 in total value, including all labor and materials, and including all changes or additions to the contracted or agreed upon work.

(4) "Minor plumbing work that is incidental", as used in Subsection 58-55-305(1)(k)(i), does not include installation or replacement of a water heater.

([3]5) "Plumber" means apprentice plumber, journeyman plumber, residential journeyman plumber, master plumber and residential master plumber.

([4]6) "Unprofessional conduct" as defined in Title 58, Chapters 1 and 55, is further defined in accordance with Subsection 58-1-203(1)(e), in Subsection R156-55c-501.

 

KEY: occupational licensing, licensing, plumbers, plumbing

Date of Enactment or Last Substantive Amendment: [November 22, 2010]2011

Notice of Continuation: November 8, 2006

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101