What is the UPHCA Actively Working On? - UPHCA

What is the UPHCA Actively Working On?

Why Join the UPHCA?

Nearly 200 companies are members primarily for our strong advocacy with the legislature and government agencies. The UPHCA has a strong voice and we tackle important issues, often taking months or years to see results. We want to ensure you are aware of our ongoing efforts.  It is through your support that the UPHCA has a full-time lobbyist team, Capstone Strategies, to assist us on these issues.

Regulatory Issues

Please take a few minutes and review them and provide your comments and experiences on those you have concerns over or have been impacted by.

  • City/County Permitting & Approval Process
  • Contractor Business Registry
  • Handyman & Maintenance Exception
  • Water Heater – ULN
  • Licensing

Each issue is thoroughly discussed below.

City/County Permitting & Approval Process:

1. Delays in Permits and Inspections

  • Cities take too long to issue permits, even in emergencies.

  • Inspections are rarely done the same day, requiring multiple return trips.


2Excessive and Unfair Costs

  • Cities require cash bonds or charge high permit fees.

  • Contractors must pay upfront, wait years for refunds, and get no interest back.


3Inconsistent Rules and Rework

  • Cities frequently change policies or disagree internally, forcing contractors to redo approved work.


4No Emergency Flexibility

  • Even when customers have no water, cities won’t allow work without permits—delaying critical repairs.


5. Legal Contractors at a Disadvantage

  • Companies that follow the rules face more costs, delays, and red tape.

  • Illegal or non-compliant contractors face fewer barriers and remain competitive.


6. Frustration with City Officials

  • City departments are seen as unorganized, slow, and unhelpful.

  • Contractors feel ignored and punished for trying to do things the right way.

Comments on this issue

Contractor Business Registry:

The UPHCA has been actively addressing concerns with the Division of Professional Licensing (DOPL) regarding the Construction Business Registry (CBR).

The CBR, created by the Legislature through SB 148 (2022), was intended to be a public directory of licensed contractors to help homeowners and businesses find qualified, licensed professionals. DOPL was given until January 2025 to design this registry.  However, DOPL has interpreted the legislation to include individual licensees, such as master, journeymen, and apprentices, to be included in the registry alongside licensed contractors.

This is problematic because:

  • Licensees cannot legally contract work on their own unless they are affiliated with a licensed contractor business.

  • Including licensees creates public confusion about who can legally be hired.

  • It undermines licensed contractor businesses by implying licensees can operate independently.

  • It appears to conflict with the legislative intent of SB 148, which consistently refers only to “licensed contractors” as the intended participants in the registry.

UPHCA has formally requested that DOPL revise the registry to include only licensed contractors, as stated in Utah Code 58-55-702(2). If necessary, we are prepared to pursue legislative clarification in 2026.

We will keep you updated on any developments. This is part of UPHCA’s continued efforts to protect the integrity of our industry and support licensed, ethical business practices.

Comments on this issue

Handyman & Maintenance Exception: 

Recent discussions with DOPL have highlighted two key enforcement concerns affecting licensed plumbers. First, despite the 2024 legislative change (HB483) the UPHCA supported removing “replacement” from the handyman exemption, DOPL has been reluctant to enforce this change, citing conflicts with outdated administrative rules and concerns about limiting handyman services. This creates confusion and allows unlicensed individuals to continue performing fixture replacements unlawfully. Second, while DOPL now enforces that only W-2 employees (not 1099 contractors) can perform maintenance work, they are still allowing those employees to exceed legal limits—specifically by doing plumbing work that the rule clearly prohibits under the maintenance exception. These enforcement gaps undermine the integrity of the licensing system and pose risks to public health and safety. UPHCA is actively working with DOPL to draft updated rules that support the statute and restore clear, enforceable boundaries for who can legally perform plumbing work in Utah.

Water Heater – ULN:

As of July 1st, Ultra Low Nox (ULN) Water Heaters regulations undergo significant changes. The law will require ULN water heaters to be installed only in some areas of Utah, not statewide as before. Specific counties and zip codes won’t provide complete information. Today we were informed that the Utah Division of Air Quality is developing rules and an app to determine if an address is located in a non-attainment area requiring ULN water heaters. The Non-Attainment area isn’t strictly defined by county or zip code.  To view the Utah DEQ map click here:

We’ve asked for the following information from DAQ.

  • Who will enforce the compliance process?
  •  Who will be the responsible party to ensure compliance?  In other words, will each plumbing company be required to check the app, or will suppliers, homeowners, or large box stores be responsible for determining if the individual purchasing the water heater is required to have an ULN?
  • Are materials being developed to convey the information required for compliance?

In a meeting with the Division of Air Quality, we were told several weeks ago that further information would be available.  To their credit, they were not the organization that proposed this change; however, they didn’t oppose it either.  It was proposed by a member of the Utah House of Representatives, HB313.  This continues to be an issue we will be monitoring.

We value your feedback. Share your experiences and comments if you’re facing similar issues.
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Licensing:

There is always a potential for changing, reducing, or completely removing licensing of the skilled trades, and the UPHCA is closely monitoring these issues.  However, the Office of Professional Licensure Review (OPLR) was established in 2022 by the legislature and is within the Utah Department of Commerce.  The purpose of this new agency is to review all occupational licenses in the state. Its mission is to ensure licensing laws protect public health and safety without placing unnecessary barriers on professionals.  The licenses reviewed over the past two years have undergone significant changes to their licensing.  They are Behavioral Health Professionals, Cosmetology Licenses, Massage Therapy, and Building Inspectors.  Each review involves data analysis, stakeholder input, comparison with other states, and recommendations for reform. These may include reducing training hours, allowing alternative pathways, or expanding scopes of practice, while maintaining public protection.  Recommendations are presented to the legislature or implemented through administrative rule changes, supporting a more accessible and efficient licensing system in Utah.  It is anticipated that contractor/skilled trades licensing will be reviewed in 2027.  We are on top of this.

 

Nearly 200 companies are members, primarily for our strong advocacy with the legislature and government agencies. The UPHCA has a strong voice, and we tackle important issues, often taking months or years to see results. We want to ensure you are aware of our ongoing efforts.  It is through your support that the UPHCA has a full-time lobbyist team, Capstone Strategies, to assist us on these issues.