Current through Bulletin 2024-24, December 15, 2024
(1) The 25-hour pre-licensure course required
by Subsection
58-55-302(1)(e)(iii) and the five-hour pre-licensure course required by Subsection
58-55-302(1)(e)(iv) shall be completed by the qualifier for a contractor license applicant.
(a) Any approved 20-hour pre-licensure course
completed by the qualifier before November 30, 2017 shall be accepted by the
Division as satisfaction of the 25-hour and five-hour pre-licensure course
requirements in Subsections
58-55-302(1)(e)(iii) and (iv).
(b) Any approved 25-hour pre-license course
completed by the qualifier before July 1, 2019 shall be accepted by the
Division as satisfaction of the 25-hour and five-hour pre-license course
requirements in Subsections
58-55-302(1)(e)(iii) and (iv).
(2) The 25-hour course may include a
provider-administered exam at the end of the course for no additional fee, and
shall include the following topics and hours of education relevant to the
practice of the construction trades consistent with the laws and rules of this
state:
(a) 15 hours of financial
responsibility instruction that includes the following:
(i) record keeping and financial
statements;
(ii) payroll, including:
(A) payroll taxes;
(B) worker compensation insurance
requirements;
(C) unemployment
insurance requirements;
(D)
professional employer organization alternatives;
(E) prohibitions regarding paying employees
on 1099 forms as independent contractors, unless licensed or
exempted;
(F) employee benefits;
and
(G) Fair Labor Standard
Act;
(iii) cash
flow;
(iv) insurance requirements
including auto, liability, and health; and
(v) independent contractor licensure and
exemption requirements;
(b) six hours of construction business
practices that includes the following:
(i)
estimating and bidding;
(ii)
contracts;
(iii) project
management;
(iv) subcontractors;
and
(v) suppliers;
(c) two hours of regulatory
requirements that includes the following:
(i)
licensing laws;
(ii) Occupational
Safety and Health Administration (OSHA);
(iii) Environmental Protection Agency (EPA);
and
(iv) consumer protection laws;
and
(d) two hours of
mechanic lien fundamentals that include the State Construction
Registry.
(3) The
five-hour course shall include five hours of education on the topics covered in
the Utah Contractor Business and Law Examination. The five-hour course may
include a provider-administered exam at the end of the course for no additional
fee.
(4) Under Subsections
58-55-102(7) and
58-55-302(1)(e)(iii) and (iv), an approved pre-licensure course
provider shall offer the 25-hour and five-hour course:
(a) at least 12 times per year;
(b) shall comply with Subsection
58-55-102(7)(b);
and
(c) except as necessary to meet
the requirements of Subsection
58-55-102(7)(b),
is not obligated to provide a course if the provider determines enrollment is
not sufficient to break even on cost.
(5) A pre-licensure course shall meet the
following standards:
(a) Each hour of
pre-licensure course credit shall consist of 50 minutes of education in the
form of live lectures or training sessions. Time allowed for lunches or breaks
may not be counted as part of the course time for which course credit is
issued.
(b) The learning objectives
of the pre-licensure course shall be reasonably and clearly stated.
(c) The pre-licensure course shall be
presented in a competent and well-organized manner consistent with the stated
purpose and objective of the program. The student shall demonstrate knowledge
of the course material.
(d) The
pre-licensure course shall be prepared and presented by individuals who are
qualified by education, training or experience.
(e) A pre-licensure course may not be taught
by distance learning, internet course, or home study course.
(f) The provider shall have a competent
method of registration and verification of attendance of individuals who
complete the pre-licensure education.
(g) The provider shall provide or develop a
pre-licensure course curriculum and study guide for the pre-licensure course,
and have them pre-approved by the Commission and the Division before
use.
(h) The pre-licensure
education course may be taught by live broadcast if:
(i) the student and the instructor are able
to see and hear each other; and
(ii) a representative of the provider is at
any remote location to monitor registration and attendance at the
course.
(6) The
pre-licensure course provider shall provide individuals completing the
pre-licensure course a certificate that contains:
(a) the date of the pre-licensure
course;
(b) the name of the
pre-licensure course provider;
(c)
the attendee's name;
(d)
verification of completion; and
(e)
the signature of the pre-licensure course provider.
(7) A pre-licensure course provider shall,
within seven calendar days, submit directly to the Division verification of
attendance and completion on behalf of persons attending and completing the
program. This verification shall be submitted on forms approved by the
Division.
(8) On a random basis,
the Division or Commission may assign monitors to attend a pre-licensure course
at no charge to evaluate the course and the instructor.
(9) Each provider shall maintain adequate
documentation to prove compliance with this section for at least four years
after the end of a pre-licensure course, and make such documentation available
for review by the Division or the Commission upon request. Documentation shall
include:
(a) the dates of pre-licensure
courses that have been completed;
(b) registration and attendance logs of
individuals who completed the pre-licensure course;
(c) the names of instructors for each course
provided as a part of the program; and
(d) pre-licensure course handouts and
materials.
(10) Under
Subsections
58-55-302(1)(e)(iii) and (iv), the following persons are not required
to complete the pre-licensure course program:
(a) a person holding a four-year bachelor's
degree or a two-year associate degree in Construction Management from a program
or institution recognized by the United States Department of
Education;
(b) a person holding an
active and unrestricted Utah professional engineer license;
(c) a person who is or has been a qualifier
on an active and unrestricted Utah contractor license within the past five
years; and
(d) a person who
qualifies for licensure by endorsement as a contractor pursuant to Section
58-1-302.
