58-55-110. Exemptions from licensure.
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Effective 1/1/2027
58-55-110. Exemptions from licensure.
(1)As used in this section:
(i)"Sign contractor" means a sign installation contractor or nonelectrical outdoor advertising sign contractor, as classified and defined in division rules.
(ii)"Sign contractor" does not include a sign installation contractor or nonelectrical outdoor advertising sign contractor, as defined in division rules subject to Title 72, Chapter 7, Part 5, Utah Outdoor Advertising Act.
(i)"Token compensation" means compensation that is minimal in value when compared with the fair market value of the services provided by the person.
(ii)"Token compensation" includes:
(A)providing meals or refreshment while the services are provided; and
(B)paying reasonable transportation costs incurred by the person in travel to and from the construction site.
(c)"Well drilling" means the same as that term is defined in Section 73-3-25 .
(2)In addition to the exemptions from licensure in Section 58-1-307 , the following may engage in a construction trade without a license:
(a)an agricultural or natural resource worker if:
(i)the construction trade is incidental to the construction or repair of an irrigation or drainage ditch of a regularly constituted irrigation district, reclamation district, or drainage district; or
(ii)the construction trade is incidental to a repair relating to farming, dairying, agriculture, livestock or poultry raising, metal and coal mining, quarries, sand and gravel excavations, well drilling, hauling to and from construction sites, and lumbering;
(b)an appliance delivery worker if:
(i)the construction trade is incidental to replacing an existing gas range, a gas dryer, an outdoor gas barbecue, or an outdoor gas patio heater with a new gas appliance; and
(ii)there is an existing gas shutoff valve at the appliance;
(c)a construction student if:
(i)the construction trade is a part of an education and training program the commission with the concurrence of the director approves;
(ii)the work that is subject to inspection by a building inspector passes a building inspector's inspection; and
(iii)a contractor obtains the necessary building permits;
(d)a government representative or employee if:
(i)the construction trade is within the terms of the government representative or employee's trust, office, or employment; and
(ii)the government representative or employee is an authorized representative or employee of the United States government, or of the state, or of a political subdivision;
(e)an electrical utility worker if:
(i)the construction trade is incidental to work for a railroad corporation, a telephone corporation or an affiliate of the telephone corporation, an elevator contractor, or a street railway system; or
(ii)the construction trade is incidental to work for a public service corporation, a rural electrification association, or a municipal utility that generates, distributes, or sells electrical energy for light, heat, or power;
(f)an elevator mechanic assistant if:
(i)the construction trade is incidental to assisting a licensed elevator mechanic; and
(ii)the construction trade is at the direction of the licensed elevator mechanic;
(g)an elevator mechanic licensed under this chapter if the construction trade is not related to the operational integrity of the elevator;
(h)a federal highway bidder if:
(i)the bid is for a Federal-aid Highway Program project; and
(ii)the contractor obtains proper licensure before starting the construction;
(i)a hot tub or sign installer if:
(i)the construction trade is limited to an electrical trade; and
(A)the construction trade is incidental to installing or repairing an above-ground, prebuilt hot tub or spa; or
(B)the construction trade is incidental to installing or repairing signage;
(j)a plumbing repair worker if:
(i)the construction trade is limited to minor plumbing;
(ii)the construction trade is incidental to a repair in a residential small commercial building or an agricultural structure; and
(iii)the construction trade:
(A)does not involve altering a piping or a gas system or a gas appliance; or
(B)does not involve the initial installation of a fixture or an appliance;
(k)a product retailer if:
(i)the construction trade is incidental to the sale of personal property that by design, may be attached or installed to real property; and
(ii)the product retailer contracts with a person licensed under this chapter to attach or install the personal property on the real property;
(l)a property owner, lessee, or an employee of the property owner or lessee if:
(i)the construction trade is incidental to the maintenance of a property; and
(ii)the construction trade is for the purpose of maintaining the property;
(m)a public utility if:
(i)the construction trade is incidental to the public utility's work; and
(ii)the public utility is operating under the rules of the Public Service Commission;
(n)subject to Subsection
(3), a person working on a project that has a total cost of less than $7,000 including labor, material, and changes to the agreed upon work if the construction trade:
(i)does not involve an electrical or plumbing system;
(ii)does not involve a component of an electrical or plumbing system, including a faucet, a toilet, a fixture, a device, an outlet, or an electrical switch;
(iii)does not involve the installation, repair, or replacement of a residential or commercial gas appliance or a combustion system;
(iv)does not involve the installation, repair, or replacement of a water-based fire protection system;
(v)does not involve the installation, repair, or replacement of a heating, ventilation, or air conditioning system; and
(vi)does not involve the installation, repair, or replacement of a radon mitigation system or a soil depressurization system;
(o)a solar panel worker if the construction trade is electrical work incidental to installing or repairing a solar panel;
(p)a sole property owner if:
(A)the sole property owner builds for the sole owner's noncommercial and nonpublic use no more than one residential structure per year on the sole owner's property and no more than three residential structures per five years on the sole owner's property; and
(B)the construction trade is performed by the sole property owner or a volunteer in accordance with Subsection (2)(r) ; or
(ii)the construction trade is incidental to a residential structure on the property, including a shed, carport, or detached garage;
(q)a specialty contractor as defined in Section 58-55-202 , if:
(i)the construction trade is incidental to the specialty contractor's trade; and
(ii)the director does not determine by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that the specialty contractor's performance of the trade significantly impacts the public's health, safety, or welfare;
(r)a volunteer working on a noncommercial and nonpublic use residential building if:
(i)the construction trade is without compensation other than token compensation that is not considered salary or wages; and
(ii)the volunteer works under the direction of the property owner; or
(s)a water treatment installation worker if:
(i)the construction trade is incidental to installing or repairing a water conditioner or other water treatment apparatus;
(ii)the water conditioner or other water treatment apparatus meets the state construction code and local plumbing standards; and
(iii)the appropriate specialty contractor as defined in Section 58-55-202 , directs the installation or repair.
(a)If the total value of the project under Subsection (2)(n) is greater than $3,000, the person shall:
(i)register with the Division of Corporations and Commercial Code; and
(ii)submit to the division documentation that the person has:
(A)public liability insurance in a coverage amount and form the division makes by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(B)if applicable, workers' compensation insurance that would cover an employee of the person if the employee works on the project.
(b)The division shall establish by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, when a person needs to resubmit documentation described in Subsection (3)(a) .
Renumbered and Amended by Chapter 42 , 2026 General Session