Commerce, Occupational and Professional Licensing

Rule R156-55a

Utah Construction Trades Licensing Act Rule

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 35308
Filed: 10/04/2011 12:11:20 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Title 58, Chapter 55, provides for the licensure of contractors. Subsection 58-1-106(1)(a) provides that the Division may adopt and enforce rules to administer Title 58. Subsection 58-55-103(1)(b)(i) provides that the Construction Services Commission shall, with the concurrence of the Division director, make reasonable rules under Title 63G, Chapter 3. This rule was enacted to clarify the provisions of Title 58, Chapter 55, with respect to contractors.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

Since this rule was last reviewed in November 2006, it has been amended several times. A 07/22/2010 email was received from Zach Coverston in which he made comments regarding contractor license work experience when working for a non-profit corporation or as an unpaid intern. The Construction Services Commission and the Division reviewed Mr. Coverston's written comment regarding the proposed amendments to this rule; however the rule was made effective on 08/16/2010 with no additional changes being proposed. The Division received an 10/01/2008 email from Hunter Finch in which he identified incorrect paragraph numbering in a Division proposed rule. The Division corrected the paragraph numbering in a nonsubstantive rule filing which was made effective on 11/17/2008. The Division also received a 06/03/2008 email from Hunter Finch in which he identified two incorrect statute citations. The Division filed a nonsubstantive rule filing to make these corrections and the nonsubstantive rule filing was made effective on 08/25/2008. The Division also received 05/29/2007 and 08/30/2007 letters from the Utah Home Builders Association in which they opposed the proposed four-year work experience requirement for a S220 carpentry contractor license classification. The Utah Home Builders Association supported the existing two-year work experience requirement for this classification. The Division also received an 08/25/2007 written letter from Dan Rice in which he expressed concerns with the proposed amendments to the S202 Solar Photovoltaic contractor license classification and the existing S215 Solar Energy Systems contractor license classification. In its August 2007 meeting, the Construction Services Commission reviewed these written comments. The Commission voted that the S220 carpentry contractor license classification work experience requirement would be kept as originally proposed as four years. Also the Construction Services Commission indicated that the Utah Solar Association was in support of the S202 license classification changes and the basis of Dan Rice's comments in regards to the S202 classification were addressed by the Commission. The Division also received an 08/28/2007 letter from Jeff Pedersen, Utah Plumbing and Heating Contractors Association in which that association opposed proposed amendments to the S214 contractor license classification. As a result of comments received and further review by both the Construction Services Commission and the Division, a change in proposed rule filing was filed in which the S214 contractor license classification wording was returned to its original wording. This change in proposed rule filing was made effective on 11/26/2007.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule should be continued as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 55, with respect to contractors. The rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements and provides licensees with information concerning unprofessional conduct, definitions and ethical standards relating to the profession.

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

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

Authorized by:

Mark Steinagel, Director

Effective:

10/04/2011