1. (1) "Certified Natural Gas Technician" means an individual who has met the instruction and examination requirements of Section R156-55a-308b to safely install, modify, maintain, clean, repair or replace gas piping, combustion air vents, exhaust venting system or derating of gas input for altitude of a residential or commercial gas appliances.
2. (2) "Construction trades instructor" as used in Subsection 58-55-301(2)(e) means the education facility that is issued the license under Section R156-55a-302e. It does not mean individuals employed by the facility who may teach classes.
3. (3) "Construction trades instruction facility" means the facility that is granted the license in Subsection 58-55-301(2) and Section R156-55a-302f.
4. (4) "Employee" as used in Subsection 58-55-102(22), means a person providing labor services in the construction trades who works for compensation for a licensed contractor, or the substantial equivalent of a licensed contractor as determined by the Division, and who has federal and state taxes withheld and workers' compensation and unemployment insurance provided by the person's employer.

5. (5) "Free of Actual or Apparent Conflicts of Interest" as used in Subsections R156-55a-302g(2)(b) means, any relationship, interest, or arrangement impacting a supervisor providing direct, indirect, or general supervision that may impact the supervisor's ability to provide adequate supervision over an applicant.

   1. (a) The Division shall presume supervision was done free of actual or apparent conflicts of interest if the following can be established:

      1. (i) At the time of supervision, the supervisor and applicant were employees of the same licensee; and
      2. (ii) the person being supervised had no advice, consent, or control over matters relating to the supervisor's hiring, firing, wages, salary, bonuses, payment schedule, or other aspects relating to a direct or indirect supervisor's employment during the supervision period.
   2. (b) The Division may rebut the presumption in Subsection R156-55a-102(5)(a) by demonstrating by the preponderance of the evidence of a relationship, interest, or arrangement impacting a supervisor providing direct supervision that in fact or in likelihood impacted the supervisor's ability to provide adequate direct supervision over an applicant.
6. (6) "H100 Qualifier" means an Individual certified by the Division as meeting the qualifications to act as a qualifier for an H100 - HVAC Contractor under Section R156-55a-302g.
7. (7) "Hire" means to hire as an employee as defined in Subsection R156-55a-102(4).

8. (8) "Incidental" as used in Subsection 58-55-102(53)(b), means work that:

   1. (a) can be safely and competently performed by a specialty contractor;
   2. (b) arises from, and is directly related to, work performed in the licensed specialty classification;
   3. (c) does not exceed 10% of the overall contract; and
   4. (d) does not include performance of any electrical or plumbing work.
9. (9) "Interim H100 Qualifier" means an individual registered as the qualifier for an S350 - HVAC Contractor license that is active and in good standing as of midnight on April 1, 2026, and subject to the limitations of Subsection R156-55a-302g(1)(a).

10. (10) "Maintenance" means:

    1. (a) routine actions to repair, replace, refinish, or preserve any component of an existing structure in its original condition.

    2. (b) Maintenance does not include:

       1. (i) alteration or modification to existing weight-bearing or structural components;
       2. (ii) any electrical work, as defined in rule R156-55b-102, unless the individual performing such work holds a journeyman electrician or master electrician trade license; or
       3. (iii) plumbing work as defined in rule R156-55c, unless the individual performing such work holds a journeyman plumber or master plumber trade license.
11. (11) "Mechanical" as used in Subsections 58-55-102(26)(a), (28)(b)(iv) and (42), means the work that may be performed by an H100 HVAC Contractor.
12. (12) "NASCLA" means the National Association of State Contractors Licensing Agencies.
13. (13) "Non-electrical signs and graphics displays" means an outdoor sign that does not have electrical lighting or other electrical requirements, and that is fabricated, installed, and erected in accordance with professionally engineered specifications.
14. (14) "Personal property" as used in Subsections 58-55-102(15)(a)(i), has the same definition as the term "goods" under Section 70A-2-105, provided such property is not, by its design or manufacture, intended to be attached, installed, or otherwise affixed to real property in such a way that an interest in them arises under real property law.
15. (15) "Qualifier" means the individual who demonstrates competence for a contractor license by satisfying the requirements to obtain the contractor license.
16. (16) "RMGA" means the Rocky Mountain Gas Association.
17. (17) "School" means a school district, technical college, or accredited college.
18. (17) "Signs and graphic displays" means any type of sign, including lighted and unlighted, permanent highway marker sign, illuminated awning, electronic message center, sculpture or graphic representation including a logo and trademark to identify or advertise the user or product, building trim or lighting with neon or decorative fixtures, and any other animated, moving, or stationary device used for advertising or identification purposes.

The following definitions supplement the definitions in Title 58, Chapter 1, Division of Professional Licensing Act, and Chapter 55, Utah Construction Trades Licensing Act:

KEY: contractors, occupational licensing, licensing

Date of Last Change: March 30, 2026

Notice of Continuation: June 9, 2026

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-55-101; 58-55-308(1)(a); 58-55-102(39)(a)