NOTE: The governor signed this measure on 6/5/2015. SENATE BILL 15-202 BY SENATOR(S) Balmer, Baumgardner, Cooke, Grantham, Hill, Jahn, Lambert, Lundberg, Marble, Neville T., Scott, Sonnenberg, Woods; also REPRESENTATIVE(S) Pabon, Moreno, Conti, Fields, Primavera, Singer. Concerning the regulation of water conditioning appliances pursuant to the plumbing code. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 12-58-102, amend (7); and add (10), (11), and (12) as follows: 12-58-102. Definitions. As used in this article, unless the context otherwise requires: (7) "Plumbing contractor" means any person, firm, partnership, corporation, association, or other organization who that undertakes or offers to undertake for another the planning, laying out, supervising, installing, or making of additions, alterations, and repairs in the installation of plumbing. In order to act as a plumbing contractor, the person, firm, partnership, corporation, association, or other organization must either be or employ full-time a master plumber. "Plumbing contractor" does not include a water conditioning contractor, a water conditioning installer, or a water conditioning principal. (10) (a) "Water conditioning contractor" means a person that: (I) Undertakes or offers to undertake for another the planning, laying out, supervising, installing, or making of additions, alterations, or repairs in the installation of water conditioning appliances in one-, two-, three-, or four-family dwellings, which must not extend more than two stories aboveground; and (II) Is required to be registered pursuant to section 12-58-105 (4). (b) "Water conditioning contractor" does not include a plumbing contractor. (11) (a) "Water conditioning installer" means a person that: (I) Has the necessary qualifications, training, experience, and technical knowledge to properly plan, lay out, and install water conditioning appliances in one-, two-, three-, and four-family dwellings, which must not extend more than two stories aboveground, in accordance with the standards and rules established by the board; (II) Is certified by a national water conditioning association recognized by the board, with the type of certification specified by the board; and (III) Is required to be registered pursuant to section 12-58-105 (5). (b) "Water conditioning installer" does not include a licensed plumber. (12) (a) "Water conditioning principal" means a person that: (I) Has the necessary qualifications, training, experience, and technical knowledge to properly plan, lay out, and install water conditioning appliances in one-, two-, three-, and four-family dwellings, which must not extend more than two stories aboveground, including the supervision of such work in accordance with the standards and rules established by the board; (II) Is certified by a national water conditioning association recognized by the board, with the type of certification specified by the board; and (III) Is required to be registered pursuant to section 12-58-105 (6). (b) "Water conditioning principal" does not include a licensed plumber. SECTION 2. In Colorado Revised Statutes, 12-58-105, amend (1); and add (4), (5), and (6) as follows: 12-58-105. Plumber must have license - registration - control and supervision. (1) (a) No A person shall not engage in or work at the business, trade, or calling of a residential, journeyman, or master plumber in this state until he or she has received a license from the division of professions and occupations, upon written notice from the board or its authorized agent, or a temporary permit from the board or its authorized agent; except that a person may practice as a water conditioning contractor if the person is registered pursuant to subsection (4) of this section, as a water conditioning installer if the person is registered pursuant to subsection (5) of this section, or as a water conditioning principal if the person is registered pursuant to subsection (6) of this section. (b) Nothing in this section limits the ability of a licensed residential, journeyman, or master plumber, a plumbing apprentice, or a registered plumbing contractor to practice within his or her respective area as authorized by this article with regard to water conditioning appliances. (4) Except as specified in paragraph (b) of subsection (1) of this section, effective April 1, 2016, a person shall not operate as a water conditioning contractor unless the person: (a) Is currently registered with the board pursuant to this subsection (4) as specified in rules promulgated and forms adopted by the board. The board shall register a water conditioning contractor upon payment of the fee as provided in section 12-58-104 and presentation of evidence that the applicant has complied with the applicable workers' compensation and unemployment compensation laws of this state; and (b) Is, or employs full-time, a water conditioning principal, who shall be responsible for all water conditioning appliance work performed by the contractor. (5) Except as specified in paragraph (b) of subsection (1) of this section, effective April 1, 2016, a person shall not engage in or work at the business, trade, or calling of a water conditioning installer unless the person is currently registered with the board pursuant to this subsection (5) as specified in rules promulgated and forms adopted by the board. The board shall register a water conditioning installer upon payment of the fee as provided in section 12-58-104 and submission of proof that the applicant is certified by a national water conditioning association recognized by the board, with the type of certification as specified by the board. (6) (a) Except as specified in paragraph (b) of subsection (1) of this section, effective April 1, 2016, a person shall not engage in or work at the business, trade, or calling of a water conditioning principal unless the person is currently registered with the board pursuant to this subsection (6) as specified in rules promulgated and forms adopted by the board. The board shall register a water conditioning principal upon payment of the fee as provided in section 12-58-104 and submission of proof that the applicant is certified by a national water conditioning association recognized by the board, with the type of certification as specified by the board. (b) A water conditioning principal shall be responsible for no more than one water conditioning contractor at a time. The water conditioning principal shall notify the board within fifteen days after his or her termination as a water conditioning principal for a water conditioning contractor. Failure to provide the notice may lead to suspension or revocation of the water conditioning principal's registration as provided in section 12-58-110. SECTION 3. In Colorado Revised Statutes, amend 12-58-106 as follows: 12-58-106. Unauthorized advertising - use of title of plumber. (1) No A person shall not advertise in any manner or use the title or designation of master plumber, journeyman plumber, or residential plumber unless he the person is qualified and licensed under this article. (2) A person shall not advertise in any manner that the person is a water conditioning contractor, water conditioning installer, or a water conditioning principal unless the person is registered as such pursuant to this article. SECTION 4. In Colorado Revised Statutes, amend 12-58-108 as follows: 12-58-108. License renewal - reinstatement. (1) All license and contractor registration renewal and renewal fees shall be in accordance with the provisions of sections 24-34-102 and 24-34-105, C.R.S. (2) Any license or contractor registration that has lapsed shall be is deemed to have expired. Prior to reinstatement, the board is authorized to require the licensee to demonstrate competency. Licenses and registrations shall be renewed or reinstated pursuant to a schedule established by the director of the division of professions and occupations within the department of regulatory agencies and pursuant to section 24-34-102 (8), C.R.S. The director of the division of professions and occupations within the department of regulatory agencies may establish renewal fees and delinquency fees for reinstatement pursuant to section 24-34-105, C.R.S. If a person fails to renew his or her license or registration pursuant to the schedule established by the director of the division of professions and occupations, such the license or contractor registration shall expire. Any person whose license or contractor registration has expired shall be is subject to the penalties provided in this article or section 24-34-102 (8), C.R.S. SECTION 5. In Colorado Revised Statutes, 12-58-110, amend (1) (n), (1) (o), and (1) (p) as follows: 12-58-110. Disciplinary action by board - licenses or registrations denied, suspended, or revoked - cease-and-desist orders. (1) The board may deny, suspend, revoke, or refuse to renew any license or registration issued or applied for under the provisions of this article or place a licensee or a registrant on probation for any of the following reasons: (n) Disciplinary action against a plumber's license or registration in another jurisdiction. Evidence of such disciplinary action shall be is prima facie evidence for denial of licensure or registration or other disciplinary action if the violation would be grounds for such disciplinary action in this state. (o) Practicing as a water conditioning contractor, water conditioning installer, water conditioning principal, or a residential, journeyman, or master plumber during a period when the person's license or registration has been suspended or revoked; (p) Selling or fraudulently obtaining or furnishing a license or registration to practice as a residential, journeyman, or master plumber, or water conditioning contractor, water conditioning installer, water conditioning principal, or plumbing contractor or aiding or abetting in such activity; SECTION 6. In Colorado Revised Statutes, amend 12-58-110.1 as follows: 12-58-110.1. Reapplication after revocation of licensure or registration. No A person whose license or registration has been revoked shall be is not allowed to reapply for licensure or registration earlier than two years from the effective date of the revocation. SECTION 7. In Colorado Revised Statutes, 12-58-113, amend (6) (a) introductory portion as follows: 12-58-113. Exemptions. (6) (a) Nothing in this article requires a plumbing license, contractor registration, or permit to perform: SECTION 8. In Colorado Revised Statutes, amend 12-58-115 as follows: 12-58-115. Municipal and county regulations. (1) Any city, town, county, or city and county of this state may provide for the licensing of plumbing contractors or water conditioning contractors. Plumbing Contractors who obtain local licensing must also register with the board in accordance with section 12-58-105. (3). (2) No A local government agency may shall not promulgate rules or regulations or provide for licenses which that would preclude the holder of a valid license or registration issued under this article from practicing his the holder's trade. SECTION 9. In Colorado Revised Statutes, 12-58-116, add (3) as follows: 12-58-116. Unauthorized practice - penalties. (3) Effective April 1, 2016, a person who engages in or works at or offers or attempts to engage in or work at the business, trade, or calling of a water conditioning contractor, water conditioning installer, or water conditioning principal without an active registration issued under this article commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S., for the first offense, and for the second or any subsequent offense, the person commits a class 6 felony and shall be punished as provided in section 18-1.3-401, C.R.S.; except that nothing in this subsection (3) limits the ability of a licensed residential, journeyman, or master plumber, a plumbing apprentice, or a registered plumbing contractor to practice within his or her respective area as authorized by this article with regard to water conditioning appliances. SECTION 10. Applicability. This act applies to conduct occurring on or after the effective date of this act. SECTION 11. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety. ____________________________ ____________________________ Bill L. Cadman Dickey Lee Hullinghorst PRESIDENT OF SPEAKER OF THE HOUSE THE SENATE OF REPRESENTATIVES ____________________________ ____________________________ Cindi L. Markwell Marilyn Eddins SECRETARY OF CHIEF CLERK OF THE HOUSE THE SENATE OF REPRESENTATIVES APPROVED________________________________________ _________________________________________ John W. Hickenlooper GOVERNOR OF THE STATE OF COLORADO