Laws & Legislative

The UPHCA is represented at the State Legislature and with DOPL. We have hired a full-time Lobbyist Firm, Capstone Strategies to help represent our interests in the legislative process and governmental regulations. It is through effective representation that we have become an effective voice.

Laws & Legislative

  • Plumbing Licensing Laws in Utah

    State of Utah Plumbing Rule Changes Summary

    Effective January 9, 2020

    “PLUMBER LICENSING ACT RULE” AMENDMENTS:   In response to 2019, H.B.187 and H.B. 226, this filing is recommended by the Plumbers Licensing Board and the Construction Services Commission to clarify current requirements and conform the rule to current practices in the industry. Additionally, this filing removes certain requirements that the Board and the Commission have found to be outdated and unnecessarily arduous.

    Section R156-55c-102:

    • Clarifies the definition of “immediate supervision” with respect to residential plumbing work. Now requires the supervising plumber to be available to provide direction and oversight when not physically present on the same project or job site.

    Section R156-55c-302a:

    • Increases the accepted hours of work experience to be credited for each 12 month period from 2,000 to 3,000 hours.

    Section R156-55c-302b:

    • Extends the 25-day waiting period after a failed exam to a 30-day waiting period, to alleviate confusion and create parity among the standards for all contractor professions; and
    • Deletes the requirement that an applicant pass all exams within a one-year period (the one-year “rolling clock” requirement).

    Section R156-55c-302c:

    • This new section creates opportunities for “expedited licensure” and the appropriate placement of the apprentice plumber seeking education in an approved program.

    R156-55c-302c. Qualifications – Expedited Licensure.

    In accordance with Subsections 58-1-203(2) and 58-1-301(3), the requirements for expedited licensure pursuant to Subsections 58-55-302(3)(c)(iii) and 58-55-302(3)(d)(iii) are as follows:

    (1) A licensed apprentice plumber may take the approved competency exams, in sequence beginning with 1A and continuing through 4B, to either satisfy the education requirement, or determine placement in a planned program of training approved by the Division.

    (2) Division pre-approval is not required to sit for any competency exam.

    (3) The applicant may register directly with the Division’s approved exam provider to sit for a competency exam.

    (4) The applicant may attempt each competency exam one time.

    (5) Admission to the subsequent competency exam is permitted after obtaining a minimum score of 70%.

    (6) Placement in a planned program of training is determined when the applicant scores below 70% on the corresponding competency exam.

    (7) Upon completion of all qualifying competency exams, the applicant may sit for the Utah journeyman or residential journeyman plumber exams.

    Section R156-55c-303:

    • Requires all licensees renew their license in an online form approved by the Division, except as permitted by the Division in writing.

    Section R156-55c-304:

    • Redefines OSHA training as Core CE (previously OSHA training was defined as Professional CE).

    Section R156-55c-401:

    • Pursuant to Subsection 58-55-302(3), clarifies that an apprentice beginning in the fourth and succeeding years of an apprenticeship shall work under immediate supervision in accordance with Subsection R156-55c-102(1).
    • Clarifies the number of apprentice plumbers a licensed supervisor may have on:
    • Non-residential projects (increases to 3:1); and
    • Residential projects (increases to 3:1).

    Section R156-55b-501:

    • Includes as unprofessional conduct, (“ignorantia legis neminem excusat”) failing as a licensee to be knowledgeable of the plumber licensing laws and rules.

    In addition the Plumbing Licensing Board has changed the core hours required for renewal to include OSHA Safety Topics. In other words the 12 hours required, 8 core and 4 professional can have safety topics included in the 8 hours, along with building codes as topics for core training.  Hours didn’t change, just the makeup of topics.

     

    Plumbing Trade: (Utah Code 58-55-102(30))

    1. “Plumbing trade” means the performance of any mechanical work pertaining to the installation, alteration, change, repair, removal, maintenance, or use in buildings, or within three feet beyond the outside walls of buildings of pipes, fixtures, and fittings for:
      1. delivery of the water supply;
      2. discharge of liquid and water carried waste; or
      3. the building drainage system within the walls of the building.
    2.  “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 drains together with their devices, appurtenances, and connections where installed within the outside walls of the building.
  • Exceptions to the plumbing trade allowing non-plumbers to contract for plumbing

    B100 Licenses: (Utah Code 58-55-102(21))

    “General building contractor” means a person licensed under this chapter as a general building contractor qualified by education, training, experience, and knowledge to perform or superintend construction of structures for the support, shelter, and enclosure of persons, animals, chattels, or movable property of any kind or any of the components of that construction except plumbing, electrical work, mechanical work, work related to the operating integrity of an elevator, and manufactured housing installation, for which the general building contractor shall employ the services of a contractor licensed in the particular specialty, except that a general building contractor engaged in the construction of single-family and multifamily residences up to four units may perform the mechanical work and hire a licensed plumber or electrician as an employee..

    Sears/Lowes/Home Depot Exception: (Utah Code 58-55-305(1)(f))

    A person engaged in the sale or merchandising of personal property that by its design or manufacture may be attached, installed, or otherwise affixed to real property who has contracted with a person, firm, or corporation licensed under this chapter to install, affix, or attach that property

    Journeyman: (Utah Code 58-55-305(1)(h))

    A person engaged in the alteration, repair, remodeling, or addition to or improvement of a building with a contracted or agreed value of less than $3,000, including both labor and materials, and including all changes or additions to the contracted or agreed upon work; and

    1. work in the plumbing and electrical trades on a Subsection (1)(h)(i) project within any six month period of time:
      1. must be performed by a licensed electrical or plumbing contractor, if the project involves an electrical or plumbing system; and
      2. may be performed by a licensed journeyman electrician or plumber or an individual referred to in Subsection (1)(h)(ii)(A)(I), if the project involves a component of the system such as a faucet, toilet, fixture, device, outlet, or electrical switch

    Water conditioning exemption: (Utah Code 58-55-305(1)(l))

    A person who ordinarily would be subject to the plumber licensure requirements under this chapter when installing or repairing a water conditioner or other water treatment apparatus if the conditioner or apparatus meets the appropriate state construction codes or local plumbing standards; and is installed or repaired under the direction of a person authorized to do the work under an appropriate specialty contractor license

    Incidental Plumbing ($300 Dollar Rule): (Utah Code 58-55-305(1)(k))

    A person engaged in minor plumbing work that is incidental, as defined by the division by rule, to the replacement or repair of a fixture or an appliance in a residential or small commercial building, or structure used for agricultural use, as defined in Section 15A-1-202, provided that no modification is made to:

    1. existing culinary water, soil, waste, or vent piping; or
    2. a gas appliance or combustion system; and
    3. except as provided in Subsection (1)(e), installation for the first time of a fixture or an appliance is not included in the exemption provided under Subsection (1)(k)(i);
A new Rule has been adopted by the State of Utah clarifying who and what work can be done by a ‘Handyman’ or must be done by a licensed plumber. This action will become effective April 7, 2017.
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