First Regular Session
Sixty-first General Assembly
LLS NO. 970110.01 EBD
HOUSE BILL 971062
STATE OF COLORADO
BY REPRESENTATIVES Tool, Clarke, Dyer, Entz, George, S. Johnson, Kaufman, Lawrence, Nichol, Reeser, Schwarz, Snyder, and Swenson;
also SENATORS Lacy, Ament, Arnold, Hernandez, Martinez,
Matsunaka, Perlmutter, Wattenberg, and Weddig.
BUSINESS AFFAIRS & LABOR
A BILL FOR AN ACT
CONCERNING THE REGULATION OF PERSONS INVOLVED WITH
WORK RELATED TO MECHANICAL SYSTEMS FOR STRUCTURES.
Bill Summary
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
adopted.)
Creates the state HVACR board. Authorizes the governor, with the consent of the senate, to appoint the board members. Provides duties and powers of the board.
Requires licensing of persons performing heating, ventilation, air conditioning, and refrigeration work by the state HVACR board. Establishes licenses for any HVACR journeyman, master HVACR supervisor, or HVACR contractor. Sets classifications and requirements for such licenses. Requires registration of apprentices.
Prohibits any city, town, county, or city and county from requiring the examination, certification, licensing, or registration of HVACR craft persons who are licensed, registered, or certified under this act. Allows such governmental authorities to impose reasonable registration requirements on HVACR contractors, but prohibits any fees for such registration.
Requires any HVACR contractor to obtain a bond in the amount of $5,000 for a residential contractor and $15,000 for a commercial contractor. Requires any residential/commercial HVACR contractor to maintain a general liability insurance policy.
Sets forth grounds for disciplinary action against persons violating this act.
Authorizes the issuance of temporary permits to engage in HVACR work.
Provides exemptions from licensing requirements for individuals doing HVACR work on their own property or residences and for employees of the federal government performing HVACR work on federal property.
Directs the state HVACR board to establish inspection fees. Limits HVACR inspection fees charged by local governments. Provides for the hiring of a sufficient number of state inspectors to provide inspection of HVACR work throughout the state. Provides HVACR inspection procedures.
Repeals the act on July 1, 1999, subject to prior review by a
legislative committee of review.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Title 12, Colorado Revised Statutes, 1991 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW ARTICLE to read:
ARTICLE 67
Heating, Ventilation, Air Conditioning, and
Refrigeration (HVACR) Craft Persons
1267101. Legislative declaration. THE GENERAL ASSEMBLY HEREBY DECLARES THAT THE STATE HEATING, VENTILATION, AIR CONDITIONING, AND REFRIGERATION BOARD, REFERRED TO IN THIS ARTICLE AS THE "STATE HVACR BOARD", SHALL BE SPECIFICALLY INVOLVED IN THE TESTING AND LICENSING OF PERSONS WORKING WITH HEATING, VENTILATION, AIR CONDITIONING, AND REFRIGERATION, REFERRED TO IN THIS ARTICLE AS "HVACR", AND SHALL PROVIDE FOR INSPECTIONS OF HVACR INSTALLATIONS WHERE LOCAL INSPECTION AUTHORITIES ARE NOT PROVIDING SUCH SERVICE.
1267102. Definitions. AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(1) "APPRENTICE" MEANS A PERSON WHO IS REQUIRED TO BE REGISTERED AS SUCH UNDER THIS ARTICLE, WHO IS IN COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE, AND WHO IS PERFORMING HVACR WORK IN THE EMPLOYMENT OF A LICENSED HVACR CONTRACTOR UNDER THE DIRECT SUPERVISION OF A LICENSED HVACR MASTER SUPERVISOR, HVACR JOURNEYMAN, OR HVACR RESIDENTIAL JOURNEYMAN AND MAY BE CROSS TRAINED IN ANY OF THE CLASSIFICATIONS PROVIDED IN SECTION 1267108. THE CLASSIFICATIONS OF RECOGNIZED HVACR APPRENTICESHIP ARE AS FOLLOWS, WHICH SHALL BE INTERPRETED PURSUANT TO THE DEFINITIONS OF LICENSE CLASSIFICATIONS PROVIDED IN SECTION 1267108:
(a) BOILERMAKER;
(b) GAS SERVICE;
(c) HEATING AND VENTILATING;
(d) RESIDENTIAL HEATING AND VENTILATING;
(e) REFRIGERATION;
(f) RESIDENTIAL REFRIGERATION;
(g) STEAM AND HOT WATER;
(h) RESIDENTIAL HOT WATER;
(i) SOLAR HOT WATER AND SPACE HEATING;
(j) RESIDENTIAL SOLAR WATER.
(2) "BOARD" MEANS THE STATE HVACR BOARD.
(3) "HVACR" MEANS HEATING, VENTILATION, AIR CONDITIONING, AND REFRIGERATION.
(4) (a) "HVACR CONTRACTOR" MEANS ANY PERSON WHO, ACTING IN A PROFESSIONAL CAPACITY, OTHER THAN AS THE EMPLOYEE OF ANOTHER PERSON, UNDERTAKES, OFFERS TO UNDERTAKE, PURPORTS TO HAVE THE CAPACITY TO UNDERTAKE, SUBMITS A BID, OR THROUGH ANOTHER PERSON UNDERTAKES OR OFFERS TO UNDERTAKE FOR ANOTHER THE PLANNING, LAYING OUT, SUPERVISING, OR INSTALLATION, OR THE MAKING OF ADDITIONS, ALTERATIONS, AND REPAIRS IN THE INSTALLATION OF HVACR APPARATUS AND EQUIPMENT. EVIDENCE OF THE SECURING OF ANY PERMIT FROM ANY UNIT OF GOVERNMENT OR THE EMPLOYMENT OF ANY PERSON FOR AN HVACR CONSTRUCTION PROJECT SHALL BE ACCEPTED BY THE HVACR BOARD OR ANY COURT OF THIS STATE AS PRIMA FACIE EVIDENCE THAT THE PERSON IS ACTING AS AN HVACR CONTRACTOR.
(b) "HVACR CONTRACTOR" INCLUDES ANY SUBCONTRACTOR OR SPECIALTY CONTRACTOR, EXCEPT THAT "HVACR CONTRACTOR" SHALL NOT INCLUDE A PERSON WHO MERELY FURNISHES MATERIAL OR SUPPLIES AND DOES NOT USE SUCH MATERIALS OR SUPPLIES TO PERFORM THE WORK OF AN HVACR CONTRACTOR.
(c) AN HVACR CONTRACTOR MAY HAVE ONE OR MORE OF THE FOLLOWING LICENSE CLASSIFICATIONS THAT SHALL BE DEFINED IN ACCORDANCE WITH SECTION 1267108:
(I) BOILERMAKER;
(II) GAS SERVICE;
(III) HEATING AND VENTILATING;
(IV) RESIDENTIAL HEATING AND VENTILATING;
(V) REFRIGERATION;
(VI) RESIDENTIAL REFRIGERATION;
(VII) STEAM AND HOT WATER;
(VIII) RESIDENTIAL HOT WATER;
(IX) SOLAR HOT WATER AND SPACE HEATING;
(X) RESIDENTIAL SOLAR HOT WATER AND SPACE HEATING.
(d) "HVACR CONTRACTOR" SHALL NOT INCLUDE A REGISTERED PROFESSIONAL ENGINEER WHO PLANS OR DESIGNS HVACR INSTALLATIONS.
(5) "HVACR JOURNEYMAN" MEANS A PERSON HAVING THE NECESSARY QUALIFICATIONS, TRAINING, EXPERIENCE, AND TECHNICAL KNOWLEDGE, AS PRESCRIBED BY BOARD RULE, TO INSTALL AND REPAIR HVACR APPARATUS AND EQUIPMENT. AN HVACR JOURNEYMAN MAY HAVE ONE OR MORE OF THE FOLLOWING LICENSE CLASSIFICATIONS. SUCH CLASSIFICATIONS SHALL BE DEFINED IN ACCORDANCE WITH SECTION 1267108:
(a) JOURNEYMAN BOILERMAKER;
(b) JOURNEYMAN GAS SERVICE;
(c) JOURNEYMAN HEATING AND VENTILATING;
(d) JOURNEYMAN RESIDENTIAL HEATING AND VENTILATING
(e) JOURNEYMAN REFRIGERATION;
(f) JOURNEYMAN RESIDENTIAL REFRIGERATION;
(g) JOURNEYMAN STEAM AND HOT WATER;
(h) JOURNEYMAN RESIDENTIAL HOT WATER;
(i) JOURNEYMAN SOLAR HOT WATER AND SPACE HEATING;
(j) JOURNEYMAN RESIDENTIAL SOLAR HOT WATER AND HEATING.
(6) "HVACR WORK" MEANS NORMAL WORK ACTIVITIES RELATING TO THE INSTALLATION AND REPAIR OF HVACR APPARATUS.
(7) "MASTER HVACR SUPERVISOR" MEANS A PERSON HAVING THE NECESSARY QUALIFICATIONS, TRAINING, EXPERIENCE, AND TECHNICAL KNOWLEDGE TO PROPERLY PLAN, LAY OUT, AND SUPERVISE THE INSTALLATION AND REPAIR OF HVACR APPARATUS AND EQUIPMENT IN ACCORDANCE WITH STANDARD RULES AND REGULATIONS GOVERNING SUCH WORK, SUCH AS THE UNIFORM MECHANICAL CODE (UMC) AND THE UNIFORM SOLAR ENERGY CODE (USEC). A MASTER HVACR SUPERVISOR MAY HAVE ONE OR MORE OF THE FOLLOWING SUPERVISOR CLASSIFICATIONS, WHICH SHALL BE DEFINED IN ACCORDANCE WITH SECTION 1267108, FOR THE APPROPRIATE HVACR CONTRACTOR:
CONTRACTOR BUSINESS LICENSE: MASTER SUPERVISOR REQUIRED:
(a) BOILERMAKER BOILERMAKER
(b) GAS SERVICE GAS SERVICE, HEATING
AND VENTILATING, OR
RESIDENTIAL HEATING
AND VENTILATING
(c) HEATING AND VENTILATING HEATING AND VENTILATING
(d) RESIDENTIAL HEATING AND HEATING AND VENTILATING OR VENTILATING RESIDENTIAL HEATING AND
VENTILATING
(e) RESIDENTIAL HOT WATER RESIDENTIAL HOT WATER OR
STEAM AND HOT WATER
(f) REFRIGERATION REFRIGERATION
(g) RESIDENTIAL REFRIGERATION OR
REFRIGERATION RESIDENTIAL REFRIGERATION
(h) SOLAR HOT WATER AND SOLAR HOT WATER AND
SPACE HEATING SPACE HEATING
(i) RESIDENTIAL SOLAR HOT RESIDENTIAL SOLAR HOT
WATER WATER OR SOLAR HOT WATER AND SPACE HEATING
(j) STEAM AND HOT WATER STEAM AND HOT WATER
(8) "TRAINEE" MEANS ANY PERSON PERFORMING HVACR WORK UNDER THE DIRECT SUPERVISION OF A LICENSED MASTER HVACR SUPERVISOR OR A LICENSED HVACR JOURNEYMAN.
1267103. State HVACR board. (1) THERE IS HEREBY ESTABLISHED WITHIN THE DIVISION OF REGISTRATIONS OF THE DEPARTMENT OF REGULATORY AGENCIES THE STATE HEATING, VENTILATION, AIR CONDITIONING, AND REFRIGERATION (HVACR) BOARD. SUCH BOARD SHALL CONSIST OF NINE MEMBERS APPOINTED BY THE GOVERNOR WITH THE CONSENT OF THE SENATE. THE MEMBERS OF THE BOARD SHALL BE RESIDENTS OF THE STATE OF COLORADO. THE MEMBERS OF THE BOARD SHALL BE AS FOLLOWS:
(a) TWO MEMBERS SHALL BE HVACR CONTRACTORS AND EACH SHALL HAVE A MASTER HVACR SUPERVISOR LICENSE.
(b) ONE MEMBER SHALL BE A REPRESENTATIVE OF PRIVATE, MUNICIPAL, OR COOPERATIVE GAS UTILITIES.
(c) ONE MEMBER SHALL BE A BUILDING OFFICIAL EMPLOYED BY A GOVERNMENTAL SUBDIVISION OF THE STATE THAT PERFORMS HVACR INSPECTIONS.
(d) ONE MEMBER SHALL BE AN ADMINISTRATIVE OFFICIAL OF A GOVERNMENTAL SUBDIVISION OF THE STATE.
(e) ONE MEMBER SHALL BE AN ENGINEER EMPLOYED BY A GOVERNMENTAL SUBDIVISION OF THE STATE.
(f) ONE MEMBER SHALL BE A PROFESSIONAL ENGINEER EXPERIENCED IN HVACR DESIGN WHO IS LICENSED TO PRACTICE IN THIS STATE AND WHO IS ACTIVELY ENGAGED IN THE BUILDING INDUSTRY.
(g) TWO MEMBERS SHALL BE APPOINTED FROM THE PUBLIC AT LARGE.
(2) EXCEPT FOR THE INITIAL BOARD, APPOINTED FOR TERMS BEGINNING JULY 1, 1997, ALL MEMBERS SHALL SERVE THREEYEAR TERMS. HVACR LICENSEES APPOINTED TO THE BOARD FOR TERMS BEGINNING JULY 1, 1997, NEED NOT BE LICENSED AT THE TIME OF APPOINTMENT BUT SHALL BE LICENSED BY JULY 1, 1998. IF SUCH MEMBERS ARE NOT LICENSED BY SUCH DATE, SUCH MEMBERS SHALL BE INELIGIBLE TO REMAIN AS MEMBERS OF THE BOARD AND SHALL BE REMOVED BY THE GOVERNOR. TO ACHIEVE BOARD CONTINUITY AND STAGGERED ROTATION, THE INITIAL BOARD APPOINTED FOR TERMS BEGINNING JULY 1, 1997, SHALL SERVE THE FOLLOWING TERMS:
(a) ONEYEAR TERMS: ONE HVACR CONTRACTOR, DESIGNATED BY THE GOVERNOR AT THE TIME OF SUCH MEMBER'S APPOINTMENT; THE ADMINISTRATIVE OFFICIAL FROM A GOVERNMENTAL SUBDIVISION; AND THE PROFESSIONAL ENGINEER EXPERIENCED IN HVACR.
(b) TWOYEAR TERMS: THE BUILDING OFFICIAL EMPLOYED BY A BUILDING DEPARTMENT OF A GOVERNMENTAL SUBDIVISION OF THE STATE; THE REPRESENTATIVE OF THE PRIVATE, MUNICIPAL, OR COOPERATIVE GAS UTILITIES; ONE HVACR CONTRACTOR, DESIGNATED BY THE GOVERNOR AT THE TIME OF SUCH MEMBER'S APPOINTMENT; AND ONE OF THE MEMBERS APPOINTED FROM THE PUBLIC AT LARGE, DESIGNATED BY THE GOVERNOR AT THE TIME OF SUCH MEMBER'S APPOINTMENT.
(c) THREEYEAR TERMS: ALL OTHER MEMBERS OF THE BOARD.
(3) ALL APPOINTEES TO THE BOARD SHALL BE LIMITED TO TWO THREEYEAR TERMS. A VACANCY IN THE MEMBERSHIP OF THE BOARD SHALL BE FILLED BY THE GOVERNOR FOR THE REMAINDER OF THE UNEXPIRED TERM. THE GOVERNOR MAY REMOVE ANY MEMBER OF THE BOARD FOR MISCONDUCT, INCOMPETENCE, OR NEGLECT OF DUTY.
(4) THE MEMBERS OF THE BOARD SHALL BE REIMBURSED FOR ACTUAL EXPENSES PURSUANT TO SECTION 2434102 (13), C.R.S. THE BOARD SHALL RECEIVE NO OTHER COMPENSATION FOR ITS DUTIES UNDER THIS ARTICLE.
1267104. Board under department of regulatory agencies. THE STATE HVACR BOARD AND ITS POWERS, DUTIES, AND FUNCTIONS SHALL BE WITHIN OF THE DEPARTMENT OF REGULATORY AGENCIES AND ALLOCATED TO THE DIVISION OF REGISTRATIONS.
1267105. Standards meeting powers. (1) THE BOARD MAY ADOPT RULES BASED UPON THE MOST RECENT EDITION OF THE UNIFORM MECHANICAL CODE, PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, AND THE MOST RECENT EDITION OF THE UNIFORM SOLAR ENERGY CODE.
(2) (a) EACH JULY, THE BOARD SHALL ELECT FROM THE MEMBERSHIP THEREOF A PRESIDENT, VICEPRESIDENT, AND SECRETARYTREASURER. THE BOARD SHALL MEET AT SUCH TIMES AS IT DEEMS NECESSARY, BUT AT LEAST ONCE PER MONTH.
(b) A MAJORITY OF THE BOARD SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF ALL BUSINESS.
(3) IN ADDITION TO ALL OTHER POWERS AND DUTIES CONFERRED OR IMPOSED UPON THE BOARD BY THIS ARTICLE, THE BOARD IS AUTHORIZED TO:
(a) ADOPT, AND FROM TIME TO TIME REVISE, SUCH RULES NOT INCONSISTENT WITH THIS ARTICLE AS MAY BE NECESSARY TO ENABLE THE BOARD TO CARRY INTO EFFECT THE PROVISIONS OF THIS ARTICLE. IN ADOPTING SUCH RULES THE BOARD SHALL CONSIDER THE STANDARDS SET FORTH IN THE MOST RECENT EDITION OF THE UNIFORM MECHANICAL CODE AND IN THE MOST RECENT EDITION OF THE UNIFORM SOLAR ENERGY CODE. THE BOARD MAY MODIFY SUCH STANDARDS AFTER A HEARING HELD PURSUANT TO ARTICLE 4 OF TITLE 24, C.R.S. SUCH STANDARDS SHALL BE ADOPTED AS THE MINIMUM STANDARDS GOVERNING THE PLANNING, LAYING OUT, AND INSTALLING OR THE MAKING OF ADDITIONS, ALTERATIONS, AND REPAIRS IN THE INSTALLATION OF HVACR APPARATUS AND EQUIPMENT IN THIS STATE. A COPY OF THE CODE SHALL BE KEPT IN THE OFFICE OF THE BOARD AND SHALL BE OPEN TO PUBLIC INSPECTION. NOTHING IN THIS SECTION SHALL PROHIBIT ANY CITY, TOWN, COUNTY, OR CITY AND COUNTY FROM MAKING AND ENFORCING ANY SUCH STANDARDS THAT ARE MORE STRINGENT THAN THE MINIMUM STANDARDS ADOPTED BY THE BOARD. ANY CITY, TOWN, COUNTY, OR CITY AND COUNTY THAT ADOPTS SUCH STANDARDS SHALL DEPOSIT A COPY OF SUCH STANDARDS WITH THE BOARD FOR INFORMATIONAL PURPOSES ONLY. THE STANDARDS ADOPTED BY THE BOARD SHALL BE PRIMA FACIE EVIDENCE OF MINIMUM APPROVED STANDARDS OF CONSTRUCTION FOR SAFETY OF LIFE AND PROPERTY. THE AFFIRMATIVE VOTE OF TWOTHIRDS OF ALL APPOINTED MEMBERS OF THE BOARD SHALL BE REQUIRED TO ADOPT ANY STANDARDS THAT DIFFER FROM THOSE SET FORTH IN THE MOST RECENT EDITION OF THE UNIFORM MECHANICAL CODE AND THE MOST RECENT EDITION OF THE UNIFORM SOLAR ENERGY CODE. IF REQUESTED IN WRITING, THE BOARD SHALL SEND A COPY OF NEWLY ADOPTED STANDARDS AND RULES TO ANY INTERESTED PARTY AT LEAST THIRTY DAYS BEFORE THE IMPLEMENTATION AND ENFORCEMENT OF SUCH STANDARDS OR RULES. COPIES MAY BE FURNISHED FOR A FEE ESTABLISHED PURSUANT TO SECTION 2434105, C.R.S.
(b) ADOPT A SEAL;
(c) REGISTER AND RENEW THE REGISTRATION OF APPRENTICES AND TRAINEES AND QUALIFIED HVACR CONTRACTORS AND EXAMINE, LICENSE, AND RENEW LICENSES OF HVACR JOURNEYMEN AND MASTER HVACR SUPERVISORS, AS PROVIDED IN THIS ARTICLE;
(d) CAUSE THE PROSECUTION AND ENJOINDER, IN ANY COURT OF COMPETENT JURISDICTION, OF ALL PERSONS VIOLATING THIS ARTICLE AND INCUR NECESSARY EXPENSES THEREFOR;
(e) INSPECT AND APPROVE OR DISAPPROVE THE INSTALLATION WITHIN THIS STATE OF HVACR APPARATUS OR EQUIPMENT IN ACCORDANCE WITH THE MINIMUM STANDARDS SET FORTH IN THE UNIFORM MECHANICAL CODE, THE UNIFORM SOLAR ENERGY CODE, OR AS OTHERWISE PROVIDED IN THIS ARTICLE;
(f) REVIEW AND APPROVE OR DISAPPROVE REQUESTS FOR EXCEPTIONS TO THE UNIFORM MECHANICAL CODE OR UNIFORM SOLAR ENERGY CODE IN UNIQUE CONSTRUCTION SITUATIONS WHERE A STRICT INTERPRETATION OF THE CODE WOULD RESULT IN UNREASONABLE OPERATIONAL CONDITIONS OR UNREASONABLE ECONOMIC BURDENS; EXCEPT THAT SUCH EXCEPTIONS SHALL NOT BE GRANTED IF THEY COMPROMISE PUBLIC SAFETY;
(g) CONDUCT HEARINGS IN ACCORDANCE WITH SECTION 244105, C.R.S.; EXCEPT THAT THE BOARD MAY REQUEST THE APPOINTMENT OF AN ADMINISTRATIVE LAW JUDGE PURSUANT TO PART 10 OF ARTICLE 30 OF TITLE 24, C.R.S., TO CONDUCT SUCH HEARINGS; AND
(h) EXAMINE PERSONS REGULATED BY THE BOARD PURSUANT TO THIS ARTICLE FOR THE PURPOSE OF GRANTING OR RENEWING A LICENSE OR REGISTRATION. A RENEWAL EXAMINATION SHALL BE BY A BRIEF, OPENBOOK, MULTIPLECHOICE EXAM TO BE INCLUDED IN THE NOTICE OF UPCOMING EXPIRATION OF A LICENSE. SUCH EXAMINATION SHALL BE MAILED TO THE BUSINESS ADDRESS OF THE LICENSE HOLDER NOT LATER THAN SIXTY DAYS PRIOR TO THE EXPIRATION DATE OF A LICENSE.
1267106. Program administrator. THE DIRECTOR OF THE DIVISION OF REGISTRATIONS MAY APPOINT A PROGRAM ADMINISTRATOR PURSUANT TO SECTION 13 OF ARTICLE XII OF THE STATE CONSTITUTION TO ASSIST THE BOARD IN CARRYING OUT ITS DUTIES UNDER THIS ARTICLE.
1267107. HVACR licenses control and supervision. (1) NO PERSON SHALL ENGAGE IN, OR WORK AT, THE BUSINESS, TRADE, OR CALLING OF A MASTER HVACR SUPERVISOR OR HVACR JOURNEYMAN IN THIS STATE UNTIL SUCH PERSON HAS RECEIVED A LICENSE OR TEMPORARY PERMIT FROM THE DIVISION OF REGISTRATIONS. SUCH LICENSE OR TEMPORARY PERMIT SHALL BE ISSUED BY THE BOARD OR THE PROGRAM ADMINISTRATOR, ACTING AS THE AGENT THEREOF.
(2) A MASTER HVACR SUPERVISOR OR HVACR JOURNEYMAN SHALL NOT PERFORM HVACR WORK OF A TYPE BEYOND THAT AUTHORIZED BY THE LICENSE OR TEMPORARY PERMIT.
1267108. License requirements. (1) AN APPLICANT FOR ONE OR MORE CLASSIFICATIONS OF A MASTER HVACR SUPERVISOR LICENSE SHALL FURNISH WRITTEN EVIDENCE THAT THE APPLICANT IS A GRADUATE MECHANICAL ENGINEER OF AN ACCREDITED COLLEGE OR UNIVERSITY AND HAS ONE YEAR OF PRACTICAL HVACR EXPERIENCE IN THE CONSTRUCTION INDUSTRY; OR THAT THE APPLICANT IS A GRADUATE OF AN HVACR TRADE SCHOOL OR COMMUNITY COLLEGE AND HAS AT LEAST FOUR YEARS OF PRACTICAL EXPERIENCE IN THE APPROPRIATE HVACR CATEGORY OF WORK; OR THAT THE APPLICANT HAS HAD AT LEAST ONE YEAR OF PRACTICAL EXPERIENCE IN PLANNING, LAYING OUT, SUPERVISING, AND INSTALLING HVACR APPARATUS OR EQUIPMENT BEYOND THE PRACTICAL EXPERIENCE REQUIREMENTS FOR THE LICENSE THE APPLICANT IS SEEKING; EXCEPT THAT, IF AN APPLICANT HAS A MASTER HVACR SUPERVISOR LICENSE IN ONE OR MORE CLASSIFICATIONS, THE APPLICANT MAY MEET SUCH REQUIREMENT FOR AN APPLICATION FOR A MASTER HVACR SUPERVISOR LICENSE IN ANOTHER HVACR CLASSIFICATION BY DEMONSTRATING THAT THE APPLICANT HAS OBTAINED AT LEAST ONE ADDITIONAL YEAR OF PRACTICAL EXPERIENCE IN THE APPROPRIATE HVACR CATEGORY OF WORK AFTER ANY PRIOR HVACR LICENSE WAS OBTAINED. EACH APPLICANT FOR A LICENSE AS A MASTER HVACR SUPERVISOR SHALL FILE AN APPLICATION ON A FORM ADOPTED BY RULE OF THE BOARD, TOGETHER WITH THE EXAMINATION FEE PROVIDED IN SECTION 1267116. NOT LESS THAN THIRTY DAYS PRIOR TO A SCHEDULED WRITTEN EXAMINATION, THE BOARD SHALL NOTIFY EACH APPLICANT THAT THE EVIDENCE SUBMITTED WITH THE APPLICATION IS SUFFICIENT TO QUALIFY THE APPLICANT TO TAKE SUCH WRITTEN EXAMINATION OR THAT SUCH EVIDENCE IS INSUFFICIENT AND THE APPLICATION IS REJECTED. IN THE EVENT THAT AN APPLICATION IS REJECTED, THE BOARD SHALL SET FORTH THE REASONS THEREFOR IN THE NOTICE TO THE APPLICANT AND SHALL RETURN SUCH APPLICANT'S EXAMINATION FEE. THE PLACE OF EXAMINATION FOR INITIAL LICENSURE SHALL BE DESIGNATED IN ADVANCE BY THE BOARD. SUCH EXAMINATIONS SHALL BE HELD AT LEAST TWICE A YEAR AND AT SUCH OTHER TIMES AS, IN THE OPINION OF THE BOARD, THE NUMBER OF APPLICANTS WARRANTS.
(2) AN HVACR JOURNEYMAN LICENSE SHALL BE REQUIRED IN THE FOLLOWING WORK ONLY IN THE TRADE FOR WHICH THE PERSON IS LICENSED UNDER A LICENSED JOURNEYMAN CLASSIFICATION:
(a) JOURNEYMAN BOILERMAKER LICENSE:
(I) PERMITS THE INSTALLATION AND ERECTION OF STEAM AND HOTWATER BOILERS, PRESSURE VESSELS, PRECIPITATORS, INCINERATORS, BREACHING, CHIMNEYS, PLATES, AND CASINGS;
(II) ALLOWS THE HOLDER OF THIS LICENSE TO PERFORM THIS WORK ONLY WHEN IN THE EMPLOY OF A BOILERMAKER CONTRACTOR.
(b) JOURNEYMAN GAS SERVICE LICENSE:
(I) PERMITS THE INSTALLATION OF THE FOLLOWING EQUIPMENT UTILIZING GAS OR LIQUID FUEL: GAS AND LIQUID FUEL PIPING; GAS AND LIQUID FUEL CONTROLS; COMMERCIAL COOKING EQUIPMENT; AFTER BURNERS; RANGES; DRYERS; CONVERSION BURNERS; VENTING OF DOMESTIC WATER HEATERS, DRYERS, AND INCINERATORS; WATER HEATERS NOT EXCEEDING ONE HUNDRED MBTU INPUT; AND LOWVOLTAGE WIRING THAT DOES NOT EXCEED FORTYEIGHT VOLTS AND IS NOT ENCLOSED IN A CONDUIT OR RACEWAY. THE LOWVOLTAGE WIRING PERMITTED BY THIS LICENSE SHALL APPLY TO GAS OR LIQUID FUELFIRED APPLIANCES ONLY.
(II) ALLOWS THE HOLDER OF THIS LICENSE TO PERFORM THIS WORK ONLY WHEN IN THE EMPLOY OF A GAS SERVICE CONTRACTOR OR A HEATING AND VENTILATION CONTRACTOR.
(c) JOURNEYMAN HEATING AND VENTILATING LICENSE:
(I) PERMITS THE INSTALLATION OF WARMAIR HEATING, DUCTWORK, VENTILATION AND EVAPORATIVE COOLING, EXTERIOR SHEET METAL, WATER HEATERS NOT EXCEEDING ONE HUNDRED MBTU INPUT, GAS PIPING, BURNERS, VENTING AND CONTROLS, EXHAUST SYSTEMS AND APPURTENANCES THEREOF, LOWVOLTAGE WIRING EXHAUST SYSTEMS AND APPURTENANCES THEREOF, AND LOWVOLTAGE WIRING THAT DOES NOT EXCEED FORTYEIGHT VOLTS AND IS NOT ENCLOSED IN A CONDUIT OR RACEWAY;
(II) ALLOWS THE HOLDER OF THIS LICENSE TO PERFORM THIS WORK ONLY WHEN IN THE EMPLOY OF A HEATING AND VENTILATING CONTRACTOR OR A RESIDENTIAL HEATING AND VENTILATING CONTRACTOR.
(d) JOURNEYMAN STEAMFITTER LICENSE:
(I) PERMITS THE INSTALLATION OF STEAM AND HOTWATER HEATING SYSTEMS; SOLAR PROCESS, STEAM, AND HOTWATER SPACE HEATING SYSTEMS; PROCESS AND INDUSTRIAL PIPING AND RELATED APPURTENANCES; PIPING USED FOR THE TRANSMISSION OF CHEMICALS, GASES, AIR, MILK, AND OTHER PRODUCTS TRANSMITTED THROUGH PIPING; ALL ITEMS REGULATED BY THE UNIFORM MECHANICAL CODE FOR BOILERS, PRESSURE VESSELS, STEAM AND WATER HEATING SYSTEMS, AND PROCESS PIPING; LOWSTATIC GASFIRED UNIT HEATERS; INDUSTRIAL OVENS; BURNERS, PIPING, AND CONTROLS UTILIZING GAS; LOWVOLTAGE WIRING THAT DOES NOT EXCEED FORTYEIGHT VOLTS AND IS NOT ENCLOSED IN A CONDUIT OR RACEWAY; COMMERCIAL COOKING EQUIPMENT; COMMERCIAL INCINERATORS; AND AFTER BURNERS;
(II) ALLOWS THE HOLDER OF THIS LICENSE TO PERFORM THIS WORK ONLY WHEN IN THE EMPLOY OF A STEAM AND HOTWATER CONTRACTOR OR A RESIDENTIAL HOTWATER CONTRACTOR.
(e) JOURNEYMAN REFRIGERATION LICENSE:
(I) PERMITS THE INSTALLATION OF REFRIGERATION SYSTEMS AND APPURTENANT COOLING TOWERS, PIPE INSULATION, AND LOWVOLTAGE WIRING THAT DOES NOT EXCEED FORTYEIGHT VOLTS AND IS NOT ENCLOSED IN A CONDUIT OR RACEWAY;
(II) ALLOWS THE HOLDER OF THIS LICENSE TO PERFORM THIS WORK ONLY WHEN IN THE EMPLOY OF A REFRIGERATION CONTRACTOR OR A RESIDENTIAL REFRIGERATION CONTRACTOR.
(f) JOURNEYMAN SOLAR HOTWATER AND SPACEHEATING LICENSE:
(I) PERMITS THE LICENSEE TO INSTALL, ADD TO, ALTER, SERVICE, AND REPAIR SOLAR ENERGY SYSTEMS AND APPURTENANCES FOR WATER HEATING, SPACE HEATING AND COOLING, SWIMMING POOL AND SPA HEATING, AND INDUSTRIAL PROCESS HEATING; ALL ITEMS REGULATED BY THE UNIFORM SOLAR ENERGY CODE; AUXILIARY AND BACKUP HEATING SYSTEMS WHEN SUCH SYSTEMS ARE AN INTEGRAL PART OF THE SOLAR COLLECTOR OR STORAGE EQUIPMENT; WATER HEATERS NOT EXCEEDING ONE HUNDRED MBTU PER HOUR; GAS PIPING, BURNERS, AND VENTING AND CONTROLS DIRECTLY RELATED TO SUCH EQUIPMENT; PIPE INSULATION; AND LOWVOLTAGE WIRING THAT DOES NOT EXCEED FORTYEIGHT VOLTS AND IS NOT ENCLOSED IN A CONDUIT OR RACEWAY;
(II) ALLOWS THE HOLDER OF THIS LICENSE TO PERFORM THIS WORK ONLY WHEN IN THE EMPLOY OF A STEAM AND HOTWATER CONTRACTOR, A RESIDENTIAL HOTWATER CONTRACTOR, A SOLAR HOTWATER AND SPACEHEATING CONTRACTOR, OR A RESIDENTIAL SOLAR WATERHEATING CONTRACTOR.
(3) (a) AN APPLICANT FOR AN HVACR JOURNEYMAN LICENSE SHALL FURNISH WRITTEN EVIDENCE THAT THE APPLICANT HAS HAD AT LEAST FOUR YEARS' APPRENTICESHIP IN THE HVACR CATEGORY TRADE THE APPLICANT IS SEEKING OR FOUR YEARS' PRACTICAL EXPERIENCE IN HVACR INSTALLING AND REPAIRING HVACR APPARATUS AND EQUIPMENT FOR THE CATEGORY THE APPLICANT IS SEEKING AND SHALL FURTHER ESTABLISH THAT AT LEAST TWO OF SUCH YEARS' EXPERIENCE HAS BEEN IN COMMERCIAL OR INDUSTRIAL WORK.
(b) ANY APPLICANT FOR AN HVACR JOURNEYMAN LICENSE SHALL BE PERMITTED TO SUBSTITUTE THE FOLLOWING EVIDENCE OF ACADEMIC TRAINING FOR THE REQUIRED PRACTICAL EXPERIENCE EVIDENCE:
(I) THE APPLICANT IS A GRADUATE MECHANICAL ENGINEER OF AN ACCREDITED COLLEGE OR UNIVERSITY, OR THE GRADUATE OF A COMMUNITY COLLEGE OR TRADE SCHOOL PROGRAM APPROVED BY THE BOARD, OR GRANTED A CERTIFICATE OF APPROVAL BY THE PRIVATE OCCUPATIONAL SCHOOL DIVISION IN THE DEPARTMENT OF HIGHER EDUCATION.
(II) IF THE APPLICANT HAS ACADEMIC TRAINING, INCLUDING MILITARY TRAINING, WHICH IS NOT SUFFICIENT TO QUALIFY UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH (b), THE BOARD SHALL PROVIDE A WORK EXPERIENCE CREDIT FOR SUCH TRAINING ACCORDING TO A UNIFORM RATIO ESTABLISHED BY RULE.
(c) ANY APPLICATION FOR A LICENSE AND NOTICE TO THE APPLICANT SHALL BE MADE AND GIVEN AS PROVIDED FOR IN THE CASE OF A MASTER HVACR SUPERVISOR LICENSE IN SUBSECTION (1) OF THIS SECTION.
(4) (a) AN HVACR RESIDENTIAL JOURNEYMAN LICENSE SHALL BE REQUIRED IN THE FOLLOWING WORK ONLY IN THE TRADE FOR WHICH THE PERSON IS LICENSED UNDER A LICENSED RESIDENTIAL JOURNEYMAN CLASSIFICATION:
(I) JOURNEYMAN RESIDENTIAL HEATING AND VENTILATING LICENSE:
(A) PERMITS THE LICENSEE TO INSTALL, ADD TO, ALTER, OR REPAIR, IN A GROUP R3 OR M OCCUPANCY ONLY, WARMAIR HEATING SYSTEMS AND THEIR APPURTENANCES, DUCTWORK, VENTILATION AND EVAPORATIVE COOLING, DUCT INSULATION, WATER HEATERS NOT EXCEEDING ONE HUNDRED MBTU INPUT, GAS PIPING, BURNERS, VENTING AND CONTROLS, EXHAUST SYSTEMS AND APPURTENANCES THEREOF, AND LOWVOLTAGE WIRING THAT DOES NOT EXCEED FORTYEIGHT VOLTS AND IS NOT ENCLOSED IN A CONDUIT OR RACEWAY;
(B) ALLOWS THE HOLDER OF THIS LICENSE TO PERFORM THIS WORK ONLY WHEN IN THE EMPLOY OF A HEATING AND VENTILATING CONTRACTOR OR A RESIDENTIAL HEATING AND VENTILATING CONTRACTOR.
(II) JOURNEYMAN RESIDENTIAL HOTWATER HEATING LICENSE:
(A) PERMITS THE LICENSEE TO INSTALL, ADD TO, ALTER, OR REPAIR, IN A GROUP R3 OR M OCCUPANCY ONLY, HOTWATER HEATING SYSTEMS AND THEIR APPURTENANCES, SOLAR PROCESS, STEAM AND HOTWATER SPACE HEATING, GAS PIPING AND CONTROLS, PIPE INSULATION, AND LOW VOLTAGE WIRING THAT DOES NOT EXCEED FORTYEIGHT VOLTS AND IS NOT ENCLOSED IN A CONDUIT OR RACEWAY;
(B) ALLOWS THE HOLDER OF THIS LICENSE TO PERFORM THIS WORK ONLY WHEN IN THE EMPLOY OF A STEAM AND HOTWATER CONTRACTOR.
(III) JOURNEYMAN RESIDENTIAL REFRIGERATION LICENSE:
(A) PERMITS THE LICENSEE TO INSTALL, ADD TO, ALTER, OR REPAIR, IN A GROUP R3 OCCUPANCY ONLY, REFRIGERATION SYSTEMS CONSISTING OF SELFCONTAINED REFRIGERATION SYSTEMS OF FIVE TONS OR LESS, PRECHARGED SYSTEMS UTILIZING GROUP 1 REFRIGERANTS, GASFIRED ABSORPTION CHILLERS, PIPE INSULATION, AND LOWVOLTAGE WIRING THAT DOES NOT EXCEED FORTYEIGHT VOLTS AND IS NOT ENCLOSED IN A CONDUIT OR RACEWAY;
(B) ALLOWS THE HOLDER OF THIS LICENSE TO PERFORM THIS WORK ONLY WHEN IN THE EMPLOY OF A REFRIGERATION CONTRACTOR OR A RESIDENTIAL REFRIGERATION CONTRACTOR.
(IV) JOURNEYMAN RESIDENTIAL SOLAR HOTWATER LICENSE:
(A) PERMITS THE LICENSEE TO INSTALL, ADD TO, ALTER, OR REPAIR, IN A GROUP R3 OCCUPANCY ONLY, SOLAR ENERGY SYSTEMS AND THEIR APPURTENANCES FOR WATER HEATING, SPACE HEATING, AND SWIMMING POOL AND SPA HEATING; AUXILIARY AND BACKUP HEATING SYSTEMS WHEN SUCH SYSTEMS ARE AN INTEGRAL PART OF THE SOLAR COLLECTOR OR STORAGE EQUIPMENT AND CONTROLS DIRECTLY RELATED TO SUCH EQUIPMENT; PIPE INSULATION; AND LOWVOLTAGE WIRING THAT DOES NOT EXCEED FORTYEIGHT VOLTS AND IS NOT ENCLOSED IN A CONDUIT OR RACEWAY;
(B) ALLOWS THE HOLDER OF THIS LICENSE TO PERFORM THIS WORK ONLY WHEN IN THE EMPLOY OF A STEAM AND HOTWATER CONTRACTOR, A RESIDENTIAL HOTWATER CONTRACTOR, A SOLAR HOTWATER AND SPACEHEATING CONTRACTOR, OR A RESIDENTIAL SOLAR WATERHEATING CONTRACTOR.
(b) AN APPLICANT FOR AN HVACR RESIDENTIAL JOURNEYMAN LICENSE SHALL FURNISH WRITTEN EVIDENCE THAT THE APPLICANT HAS AT LEAST TWO YEARS OF ACCREDITED TRAINING OR TWO YEARS OF PRACTICAL EXPERIENCE IN HVACR INSTALLATION IN ONE, TWO, THREE, AND FOURFAMILY DWELLINGS.
(c) ANY APPLICANT FOR AN HVACR LICENSE SHALL BE PERMITTED TO SUBSTITUTE FOR REQUIRED PRACTICAL EXPERIENCE EVIDENCE OF ACADEMIC TRAINING IN THE HVACR FIELD, WHICH SHALL BE CREDITED AS FOLLOWS:
(I) IF THE APPLICANT IS A GRADUATE MECHANICAL ENGINEER OF AN ACCREDITED COLLEGE OR UNIVERSITY OR A GRADUATE OF A COMMUNITY COLLEGE OR TRADE SCHOOL PROGRAM APPROVED BY THE BOARD, THE APPLICANT SHALL RECEIVE ONE YEAR OF WORK EXPERIENCE CREDIT.
(II) IF THE APPLICANT HAS ACADEMIC TRAINING, INCLUDING MILITARY TRAINING, THAT IS NOT SUFFICIENT TO QUALIFY UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH (c), THE BOARD SHALL PROVIDE WORK EXPERIENCE CREDIT FOR SUCH TRAINING ACCORDING TO A UNIFORM RATIO ESTABLISHED BY RULE.
(5) (a) ANY EXAMINATION THAT IS GIVEN FOR MASTER HVACR SUPERVISOR OR HVACR JOURNEYMAN, IN THE VARIOUS CERTIFICATION CATEGORIES, SHALL BE SUBJECT TO BOARD APPROVAL. THE BOARD OR ITS DESIGNEE SHALL CONDUCT AND GRADE THE EXAMINATION AND SHALL SET THE PASSING SCORE TO REFLECT A MINIMUM LEVEL OF COMPETENCY. IF IT IS DETERMINED THAT AN APPLICANT HAS PASSED THE EXAMINATION, THE DIVISION OF REGISTRATIONS, UPON WRITTEN NOTICE FROM THE BOARD OR THE PROGRAM ADMINISTRATOR, ACTING AS AN AGENT THEREOF, AND UPON PAYMENT BY THE APPLICANT OF THE FEE PROVIDED IN SECTION 1267116, SHALL ISSUE TO THE APPLICANT AN HVACR SUPERVISOR OR JOURNEYMAN LICENSE, AS APPROPRIATE.
(b) ALL LICENSE AND REGISTRATION EXPIRATION AND RENEWAL SCHEDULES SHALL BE IN ACCORD WITH SECTION 2434102, C.R.S. SUCCESSFUL COMPLETION OF AN EXAMINATION AS AUTHORIZED IN SECTION 1267105 (3) (h) IS REQUIRED AS A PREREQUISITE FOR RENEWAL OF A LICENSE OR REGISTRATION. FEES FOR RENEWAL OF LICENSE SHALL BE THOSE SET FORTH IN SECTION 1267116.
(c) ANY LICENSE THAT HAS LAPSED SHALL BE DEEMED TO HAVE EXPIRED. IN SUCH INSTANCES, THE BOARD IS AUTHORIZED TO REQUIRE THE LICENSEE TO DEMONSTRATE COMPETENCY AFTER THE LICENSE HAS BEEN LAPSED FOR TWO YEARS IF THE BOARD DETERMINES THAT SUCH A SHOWING IS NECESSARY AND TO REQUIRE THE PAYMENT OF THE APPROPRIATE FEE.
(6) (a) THERE SHALL BE THE FOLLOWING CLASSES OF HVACR CONTRACTOR LICENSES:
(I) BOILERMAKER CONTRACTOR:
(A) PERMITS THE LICENSEE TO INSTALL, ASSEMBLE, OR REPAIR STEAM AND HOTWATER BOILERS, ALL PRESSURE AND NONPRESSURE VESSELS, PRECIPITATORS, BREACHING, METAL STACKS, PLATES, AND CASINGS;
(B) ALL WORK SHALL BE PERFORMED UNDER THE SUPERVISION OF THE HOLDER OF A MASTER BOILERMAKER SUPERVISOR LICENSE.
(II) GAS SERVICE CONTRACTOR:
(A) PERMITS THE LICENSEE TO INSTALL, ADD TO, ALTER, OR REPAIR THE FOLLOWING EQUIPMENT THAT UTILIZES GAS OR LIQUID FUEL: GAS AND LIQUID FUEL PIPING; GAS AND LIQUID FUEL CONTROLS; COMMERCIAL COOKING EQUIPMENT; AFTER BURNERS; RANGES; DRYERS; CONVERSION BURNERS; VENTING OF DOMESTIC WATER HEATERS, DRYERS, AND INCINERATORS; WATER HEATERS NOT EXCEEDING ONE HUNDRED MBTU INPUT; AND LOW VOLTAGE WIRING THAT DOES NOT EXCEED FORTYEIGHT VOLTS AND IS NOT ENCLOSED IN A CONDUIT OR RACEWAY;
(B) ALL WORK SHALL BE PERFORMED UNDER THE SUPERVISION OF THE HOLDER OF A MASTER GASSERVICE SUPERVISOR LICENSE OR A MASTER HEATING AND VENTILATING SUPERVISOR LICENSE.
(III) HEATING AND VENTILATING CONTRACTOR:
(A) PERMITS THE LICENSEE TO INSTALL, ADD TO, ALTER, OR REPAIR WARMAIR HEATING; VENTING; VENTILATION; EVAPORATIVE COOLING; EXHAUST SYSTEMS AND THEIR APPURTENANCES; DUCTWORK; DUST COLLECTION SYSTEMS; DOMESTIC AND COMMERCIAL RANGE HOODS; WATER HEATERS NOT EXCEEDING ONE HUNDRED MBTU INPUT; GAS PIPING; BURNERS, VENTING, AND CONTROLS; TRASH AND LAUNDRY CHUTES; EXTERIOR SHEET METAL; DUCT INSULATION; LOWVOLTAGE WIRING THAT DOES NOT EXCEED FORTYEIGHT VOLTS AND IS NOT ENCLOSED IN A CONDUIT OR RACEWAY; AND A MAXIMUM OF TEN TONS OF REFRIGERATION WHEN IT IS UTILIZED FOR COMFORT COOLING AND THE REFRIGERATING SYSTEM IS SELFCONTAINED. THIS REFRIGERATION SHALL NOT INCLUDE SYSTEMS WITH PRECHARGED LINES, SEPARATE AIRCOOLED CONDENSER OR CHILLED WATER SYSTEMS.
(B) ALL WORK SHALL BE PERFORMED UNDER THE SUPERVISION OF THE HOLDER OF A MASTER HEATING AND VENTILATING SUPERVISOR LICENSE.
(IV) RESIDENTIAL HEATING AND VENTILATING CONTRACTOR:
(A) PERMITS THE LICENSEE TO INSTALL, ADD TO, ALTER, OR REPAIR, IN SINGLEFAMILY HOMES, TOWNHOMES, DUPLEXES, GARAGES, AND BUILDINGS ACCESSORY THERETO ONLY, WARMAIR HEATING SYSTEMS AND THEIR APPURTENANCES; DUCTWORK; VENTILATION; EVAPORATIVE COOLING; DUCT INSULATION; EXTERIOR SHEET METAL; GAS PIPING; BURNERS, PROPANE TANK EXTERIOR GAS LINES, VENTING, AND CONTROLS; WATER HEATERS NOT EXCEEDING ONE HUNDRED MBTU INPUT; AND LOWVOLTAGE WIRING THAT DOES NOT EXCEED FORTYEIGHT VOLTS AND IS NOT ENCLOSED IN A CONDUIT OR RACEWAY;
(B) ALL WORK SHALL BE PERFORMED UNDER THE SUPERVISION OF THE HOLDER OF A MASTER HEATING AND VENTILATING SUPERVISOR LICENSE OR A MASTER RESIDENTIAL HEATING AND VENTILATING SUPERVISOR LICENSE.
(V) STEAM AND HOT WATER CONTRACTOR:
(A) PERMITS THE LICENSEE TO INSTALL, ADD TO, ALTER, OR REPAIR STEAM AND HOTWATER HEATING SYSTEMS; SOLAR PROCESS, STEAM, AND HOTWATER SPACEHEATING SYSTEMS; PROCESS PIPING AND RELATED APPURTENANCES; PIPING USED FOR THE TRANSMISSION OF CHEMICALS, GASES, AIR, AND OTHER PRODUCTS; ALL ITEMS REGULATED BY THE MECHANICAL AND PLUMBING CODE FOR BOILERS, PRESSURE VESSELS, STEAM AND WATER HEATING SYSTEMS, AND PROCESS PIPING; LOWSTATIC GASFIRED UNIT HEATERS; INDUSTRIAL OVENS; BURNERS; CONTROLS; PIPING AND CONTROLS UTILIZING GAS, LIQUID, OR SOLID FUEL; WATER HEATERS; PIPE INSULATION; AND LOWVOLTAGE WIRING THAT DOES NOT EXCEED FORTYEIGHT VOLTS AND IS NOT ENCLOSED IN A CONDUIT OR RACEWAY;
(B) ALL WORK SHALL BE PERFORMED UNDER THE SUPERVISION OF THE HOLDER OF A MASTER STEAM AND HOTWATER SUPERVISOR LICENSE, MASTER RESIDENTIAL HOTWATER SUPERVISOR LICENSE, MASTER SOLAR HOTWATER AND SPACEHEATING SUPERVISOR LICENSE, OR MASTER RESIDENTIAL SOLAR HOTWATER SUPERVISOR LICENSE.
(VI) RESIDENTIAL HOTWATER CONTRACTOR:
(A) PERMITS THE LICENSEE TO INSTALL, ADD TO, ALTER, OR REPAIR, IN SINGLEFAMILY HOMES, TOWNHOMES, DUPLEXES, GARAGES, AND BUILDINGS ACCESSORY THERETO ONLY, HOTWATER HEATING SYSTEMS AND THEIR APPURTENANCES; SOLAR PROCESS, STEAM, AND HOTWATER SPACE HEATING SYSTEMS; WATER HEATERS; GAS PIPING AND CONTROLS; PIPE INSULATION; AND LOWVOLTAGE WIRING THAT DOES NOT EXCEED FORTYEIGHT VOLTS AND IS NOT ENCLOSED IN A CONDUIT OR RACEWAY;
(B) ALL WORK SHALL BE PERFORMED UNDER THE SUPERVISION OF THE HOLDER OF A MASTER STEAM AND HOTWATER SUPERVISOR LICENSE, MASTER RESIDENTIAL HOTWATER SUPERVISOR LICENSE, MASTER SOLAR HOTWATER AND SPACEHEATING SUPERVISOR LICENSE, OR MASTER RESIDENTIAL SOLAR HOTWATER SUPERVISOR LICENSE.
(VII) REFRIGERATION CONTRACTOR:
(A) PERMITS THE LICENSEE TO INSTALL, ADD TO, ALTER, OR REPAIR REFRIGERATION SYSTEMS AND APPURTENANT COOLING TOWERS; PIPE INSULATION; AND LOWVOLTAGE WIRING THAT DOES NOT EXCEED FORTYEIGHT VOLTS AND IS NOT ENCLOSED IN A CONDUIT OR RACEWAY. A LICENSE IS NOT REQUIRED FOR THE INSTALLATION OF SELFCONTAINED WINDOWTYPE AIR CONDITIONERS.
(B) ALL WORK SHALL BE PERFORMED UNDER THE SUPERVISION OF THE HOLDER OF A MASTER REFRIGERATION SUPERVISOR LICENSE.
(VIII) RESIDENTIAL REFRIGERATION CONTRACTOR:
(A) PERMITS THE LICENSEE TO INSTALL, ADD TO, ALTER, OR REPAIR, IN SINGLEFAMILY HOMES, TOWNHOMES, DUPLEXES, GARAGES, AND BUILDINGS ACCESSORY THERETO ONLY, REFRIGERATION SYSTEMS CONSISTING OF SELFCONTAINED REFRIGERATION SYSTEMS OF FIVE TONS OR LESS; THE INSTALLATION OF PRECHARGED SYSTEMS UTILIZING GROUP 1 REFRIGERANTS; AND GASFIRED ABSORPTION CHILLERS;
(B) ALL WORK SHALL BE PERFORMED UNDER THE SUPERVISION OF THE HOLDER OF A MASTER REFRIGERATION SUPERVISOR LICENSE OR A MASTER RESIDENTIAL REFRIGERATION SUPERVISOR LICENSE.
(IX) SOLAR HOTWATER AND SPACEHEATING CONTRACTOR:
(A) PERMITS THE LICENSEE TO INSTALL, ADD TO, ALTER, OR REPAIR SOLAR ENERGY SYSTEMS AND APPURTENANCES FOR WATER HEATING, SPACE HEATING, AND COOLING; SWIMMING POOL AND SPA HEATING AND INDUSTRIAL PROCESS HEATING; ALL ITEMS AS SPECIFIED BY THE UNIFORM SOLAR ENERGY CODE; AUXILIARY AND BACKUP HEATING SYSTEMS WHEN SUCH SYSTEMS ARE AN INTEGRAL PART OF THE SOLAR COLLECTOR OR STORAGE EQUIPMENT; WATER HEATERS NOT EXCEEDING ONE HUNDRED MBTU PER HOUR; GAS PIPING, BURNERS, VENTING, AND CONTROLS DIRECTLY RELATED TO EQUIPMENT LISTED ABOVE; PIPE INSULATION; AND LOWVOLTAGE WIRING THAT DOES NOT EXCEED FORTYEIGHT VOLTS AND IS NOT ENCLOSED IN A CONDUIT OR RACEWAY;
(B) ALL WORK SHALL BE PERFORMED UNDER THE SUPERVISION OF THE HOLDER OF A MASTER STEAM AND HOTWATER SUPERVISOR LICENSE, MASTER RESIDENTIAL HOTWATER SUPERVISOR LICENSE, MASTER SOLAR HOTWATER AND SPACEHEATING SUPERVISOR LICENSE, OR MASTER RESIDENTIAL SOLAR HOTWATER SUPERVISOR LICENSE.
(X) RESIDENTIAL SOLAR WATERHEATING CONTRACTOR:
(A) PERMITS THE LICENSEE TO INSTALL, ADD TO, ALTER, OR REPAIR, IN SINGLEFAMILY HOMES, TOWNHOMES, DUPLEXES, GARAGES, AND BUILDINGS ACCESSORY THERETO ONLY, SOLAR ENERGY SYSTEMS AND THEIR APPURTENANCES FOR WATER HEATING, SPACE HEATING, AND SWIMMING POOL AND SPA HEATING; AUXILIARY AND BACKUP HEATING SYSTEMS WHEN SUCH SYSTEMS ARE AN INTEGRAL PART OF THE SOLAR COLLECTOR EQUIPMENT AND CONTROLS DIRECTLY RELATED TO SUCH EQUIPMENT; PIPE INSULATION; AND LOWVOLTAGE WIRING THAT DOES NOT EXCEED FORTYEIGHT VOLTS AND IS NOT ENCLOSED IN A CONDUIT OR RACEWAY;
(B) ALL WORK SHALL BE PERFORMED UNDER THE SUPERVISION OF THE HOLDER OF A MASTER STEAM AND HOTWATER SUPERVISOR LICENSE, A MASTER RESIDENTIAL HOTWATER SUPERVISOR LICENSE, A MASTER SOLAR HOTWATER AND SPACEHEATING SUPERVISOR LICENSE, OR A MASTER RESIDENTIAL SOLAR WATERHEATING SUPERVISOR LICENSE.
(b) NO PERSON SHALL ENGAGE IN THE BUSINESS OF AN HVACR CONTRACTOR WITHOUT A LICENSE. THE BOARD SHALL ISSUE A LICENSE TO SUCH CONTRACTOR UPON PAYMENT OF THE FEE AS PROVIDED IN SECTION 1267116 AND SUBMISSION OF EVIDENCE THAT THE APPLICANT HAS COMPLIED WITH THE FOLLOWING REQUIREMENTS:
(I) THE APPLICANT'S FIRM HAS IN FORCE FOR THE DURATION OF THE LICENSE APPLICABLE WORKERS' COMPENSATION AND UNEMPLOYMENT COMPENSATION PROGRAMS THAT COMPLY WITH THE REQUIREMENTS OF TITLE 8, C.R.S.
(II) THE APPLICANT OBTAINED A SURETY BOND OR CASH DEPOSIT, IN A FORM ACCEPTABLE TO THE BOARD, EXECUTED BY THE CONTRACTOR AS PRINCIPAL, WITH A CORPORATION AUTHORIZED TO TRANSACT SURETY BUSINESS IN THE STATE OF COLORADO AS A SURETY.
(III) THE APPLICANT HAS OBTAINED A GENERAL LIABILITY INSURANCE POLICY IN CONFORMANCE WITH SUBSECTION (7) OF THIS SECTION.
(c) BEFORE GRANTING RENEWAL OF AN HVACR CONTRACTOR LICENSE TO ANY APPLICANT, THE BOARD SHALL REQUIRE THAT THE APPLICANT FILE WITH THE BOARD SATISFACTORY EVIDENCE THAT THE APPLICANT'S SURETY BOND OR CASH DEPOSIT IS IN FULL FORCE. THE CASH DEPOSIT SHALL BE MAINTAINED BY AN INSTITUTION APPROVED BY THE BOARD. THE CASH DEPOSIT SHALL BE ASSIGNED TO THE STATE OF COLORADO.
(d) THE BOND OR CASH DEPOSIT SHALL BE ISSUED FOR THE TIME PERIOD OF THE LICENSE. FAILURE OF AN APPLICANT OR LICENSEE TO FILE OR MAINTAIN IN FULL FORCE THE REQUIRED BOND OR CASH DEPOSIT SHALL BE CAUSE FOR THE BOARD TO DENY, REVOKE, SUSPEND, OR REFUSE TO RENEW A LICENSE.
(e) THE BOND OR CASH DEPOSIT SHALL BE REVIEWED FROM TIME TO TIME BY THE BOARD. THE BOND OR CASH DEPOSIT SHALL BE IN AN AMOUNT NOT LESS THAN FIVE THOUSAND DOLLARS FOR A RESIDENTIAL HVACR CONTRACTOR OR LESS THAN FIFTEEN THOUSAND DOLLARS FOR A COMMERCIAL HVACR CONTRACTOR. THE BOND OR CASH DEPOSIT SHALL BE CONTINUOUS IN FORM AND SHALL BE CONDITIONED THAT THE TOTAL AGGREGATE LIABILITY OF THE SURETY FOR ALL CLAIMS IS LIMITED TO THE FACE AMOUNT OF THE BOND OR CASH DEPOSIT IN FORCE. IF THE BOARD DECIDES THAT ACTIONS BROUGHT AGAINST THE CONTRACTOR UNDER PARAGRAPHS (f) AND (g) OF THIS SUBSECTION (6) WERE NOT FLAGRANT, IN LIEU OF SUSPENSION, THE BOARD MAY REQUIRE THAT THE BOND OR CASH DEPOSIT BE INCREASED. SAID INCREASE SHALL NOT BE LESS THAN DOUBLE THE ORIGINAL BOND AMOUNT.
(f) EACH BOND OR DEPOSIT REQUIRED SHALL BE IN FAVOR OF THE STATE OF COLORADO FOR THE BENEFIT OF ANY PERSON WHO:
(I) AS OWNER OF THE PROPERTY TO BE IMPROVED ENTERED INTO A CONSTRUCTION CONTRACT WITH THE CONTRACTOR AND IS DAMAGED BY FAILURE OF THE CONTRACTOR TO PERFORM THE CONTRACT OR TO REMOVE LIENS FILED AGAINST THE PROPERTY;
(II) AS A SUPPLIER OR MATERIALMAN FURNISHED MATERIALS OR EQUIPMENT FOR THE CONSTRUCTION COVERED BY THE CONTRACT.
(g) ANY PERSON CLAIMING AGAINST A BOND OR CASH DEPOSIT MAY BRING AN ACTION TO THE BOARD AGAINST THE BOND OR CASH DEPOSIT FOR THE AMOUNT OF DAMAGE THE PERSON HAS SUFFERED TO THE EXTENT COVERED BY THE BOND OR CASH DEPOSIT. A PERSON WHO BRINGS ACTION ON A BOND OR CASH DEPOSIT SHALL NOTIFY THE BOARD IN WRITING UPON FILING THE ACTION. NO ACTION MAY BE COMMENCED ON THE BOND OR CASH DEPOSIT MORE THAN ONE YEAR AFTER THE COMMISSION OF THE ACT ON WHICH THE ACTION IS BASED.
(h) UPON RECEIVING A REQUEST FROM A PERSON FOR WHOSE BENEFIT A BOND OR CASH DEPOSIT IS REQUIRED, THE BOARD SHALL NOTIFY SUCH PERSON THAT:
(I) A BOND OR CASH DEPOSIT IS IN EFFECT AND THE AMOUNT OF THE BOND OR CASH DEPOSIT; OR
(II) THERE IS AN ACTION AGAINST A BOND, AND THE AMOUNT SOUGHT BY THE PERSON BRINGING THE ACTION AGAINST THE BOND OR CASH DEPOSIT.
(i) IF A SURETY DESIRES TO MAKE PAYMENT BEFORE RECEIVING RESPONSE FROM THE BOARD, THE AMOUNT OF THE BOND MUST BE REDUCED TO THE EXTENT OF ANY PAYMENT MADE BY THE SURETY IN GOOD FAITH UNDER THE BOND. ANY PAYMENT MUST BE BASED ON WRITTEN CLAIMS RECEIVED BY THE SURETY OR BOARD.
(j) CLAIMS AGAINST A BOND OR DEPOSIT HAVE EQUAL PRIORITY, EXCEPT WHERE OTHERWISE PROVIDED BY LAW; EXCEPT THAT, IF THE BOND OR DEPOSIT IS INSUFFICIENT TO PAY ALL OF THOSE CLAIMS IN FULL, THEY SHALL BE PAID PRO RATA. PARTIAL PAYMENT OF CLAIMS IS NOT FULL PAYMENT, AND THE CLAIMANTS MAY BRING ACTIONS AGAINST THE CONTRACTOR FOR THE UNPAID BALANCES.
(k) THE SURETY MAY CANCEL THE BOND UPON GIVING ONE HUNDRED TWENTY DAYS' NOTICE TO THE BOARD AND TO THE CONTRACTOR BY CERTIFIED MAIL. UPON RECEIPT BY THE BOARD OF SUCH NOTICE, THE BOARD SHALL IMMEDIATELY NOTIFY THE CONTRACTOR LISTED AS THE PRINCIPAL ON THE BOND THAT THE CONTRACTOR'S LICENSE WILL BE SUSPENDED OR REVOKED UNLESS THE CONTRACTOR FURNISHES AN EQUIVALENT BOND OR CASH DEPOSIT BEFORE THE EFFECTIVE DATE OF THE CANCELLATION. THE NOTICE MAILED TO THE CONTRACTOR BY THE BOARD SHALL BE BY CERTIFIED MAIL ADDRESSED TO THE CONTRACTOR'S LATEST BUSINESS ADDRESS OF RECORD IN THE OFFICE OF THE BOARD.
(l) IF THE CONTRACTOR DOES NOT COMPLY WITH THE REQUIREMENTS OF THE NOTICE FROM THE BOARD, THE BOARD SHALL SUSPEND OR REVOKE THE CONTRACTOR'S LICENSE ON THE DATE THE BOND IS CANCELED.
(7) ANY HVACR CONTRACTOR PERFORMING RESIDENTIAL OR COMMERCIAL HVACR WORK SHALL OBTAIN AND MAINTAIN IN FORCE A GENERAL LIABILITY INSURANCE POLICY.
(8) THE BOARD MAY SUSPEND OR REVOKE LICENSES ALREADY ISSUED; REFUSE RENEWALS OF LICENSES; IMPOSE LIMITS ON THE CLASSIFICATION, SCOPE, AND MONETARY LIMIT OF THE LICENSE; REPRIMAND; OR TAKE OTHER LESS SEVERE DISCIPLINARY ACTION, INCLUDING BUT NOT LIMITED TO, INCREASING THE AMOUNT OF THE BOND OR CASH DEPOSIT OF THE LICENSEE, IF THE LICENSEE COMMITS ANY OF THE FOLLOWING ACTS:
(a) FAILURE TO KEEP RECORDS OF ALL CONTRACTS, DOCUMENTS, RECEIPTS, AND DISBURSEMENTS BY A LICENSEE OF ALL OF THE LICENSEE'S TRANSACTIONS AS A CONTRACTOR AND TO MAKE THEM AVAILABLE FOR INSPECTION BY THE BOARD, OR EXECUTIVE OFFICER, FOR A PERIOD OF NOT LESS THAN THREE YEARS AFTER THE COMPLETION OF ANY CONSTRUCTION PROJECT OR OPERATION TO WHICH THE RECORDS REFER;
(b) MISREPRESENTATION OF A MATERIAL FACT BY AN APPLICANT OR LICENSEE IN OBTAINING A LICENSE OR IN CONNECTION WITH ANY INFORMATION OR EVIDENCE FURNISHED TO THE BOARD IN CONNECTION WITH OFFICIAL MATTERS OF THE BOARD;
(c) FAILURE TO KEEP IN FORCE A BOND OR CASH DEPOSIT;
(d) FAILURE TO MAINTAIN A LIABILITY INSURANCE POLICY REQUIRED PURSUANT TO SUBSECTION (7) OF THIS SECTION;
(e) FAILURE IN ANY MATERIAL RESPECT TO COMPLY WITH ANY PROVISIONS OF THIS ARTICLE OR THE RULES OF THE BOARD.
(9) IF EITHER THE OWNER OR A PART OWNER OF ANY FIRM, PARTNERSHIP, LIMITED PARTNERSHIP, CORPORATION, LIMITED LIABILITY COMPANY, OR COMBINATION THEREOF HAS BEEN ISSUED ONE OR MORE MASTER HVACR SUPERVISOR LICENSES BY THE DIVISION OF REGISTRATIONS AND IS IN CHARGE OF THE SUPERVISION OF HVACR WORK PERFORMED BY SUCH CONTRACTOR, UPON WRITTEN NOTICE FROM THE BOARD OR THE PROGRAM ADMINISTRATOR, ACTING AS THE AGENT THEREOF, THE DIVISION SHALL PROMPTLY, UPON PAYMENT OF THE FEE AS PROVIDED IN SECTION 1267116, ISSUE A LICENSE AS AN HVACR CONTRACTOR IN THE CLASSIFICATION REQUESTED BY THE APPLICANT.
(10) IF ANY PERSON, FIRM, PARTNERSHIP, LIMITED PARTNERSHIP, CORPORATION, OR LIMITED LIABILITY COMPANY, OR COMBINATION THEREOF ENGAGES IN THE BUSINESS OF AN HVACR CONTRACTOR AND DOES NOT COMPLY WITH SUBSECTION (9) OF THIS SECTION, IT SHALL EMPLOY AT LEAST ONE LICENSED MASTER HVACR SUPERVISOR LICENSED IN THE APPROPRIATE CLASSIFICATION, WHO SHALL BE IN CHARGE OF THE SUPERVISION OF ALL HVACR WORK PERFORMED BY SUCH CONTRACTOR.
(11) NO HOLDER OF A MASTER HVACR SUPERVISOR LICENSE SHALL BE NAMED AS THE MASTER HVACR SUPERVISOR, UNDER THE PROVISIONS OF PARAGRAPHS (b) AND (c) OF SUBSECTION (6) OF THIS SECTION, FOR MORE THAN ONE CONTRACTOR, AND A MASTER NAME SHALL BE ACTIVELY ENGAGED IN A FULLTIME CAPACITY WITH THAT CONTRACTING COMPANY. THE QUALIFYING MASTER HVACR SUPERVISOR LICENSE HOLDER SHALL NOTIFY THE BOARD WITHIN FIFTEEN DAYS AFTER THE LICENSE HOLDER'S TERMINATION AS A QUALIFYING MASTER HVACR SUPERVISOR. THE MASTER HVACR SUPERVISOR LICENSE HOLDER IS RESPONSIBLE FOR ALL HVACR WORK PERFORMED BY THE HVACR CONTRACTING COMPANY. FAILURE TO COMPLY WITH A NOTIFICATION MAY LEAD TO SUSPENSION OR REVOCATION OF THE MASTER HVACR SUPERVISOR LICENSE AS PROVIDED IN SECTION 1267122.
1267109. Credit for experience not subject to supervision of a licensed HVACR journeyman or master HVACR supervisor. FOR ALL APPLICANTS SEEKING WORK EXPERIENCE CREDIT TOWARD LICENSURE, THE BOARD SHALL GIVE CREDIT FOR HVACR WORK THAT IS NOT REQUIRED TO BE PERFORMED BY OR UNDER THE SUPERVISION OF A LICENSED HVACR JOURNEYMAN OR A MASTER HVACR SUPERVISOR IF THE APPLICANT CAN SHOW THAT THE PARTICULAR EXPERIENCE RECEIVED, OR THE SUPERVISION UNDER WHICH THE WORK HAS BEEN PERFORMED, IS ADEQUATE. WORK EXPERIENCE CREDIT AWARDED UNDER THIS SECTION SHALL NOT EXCEED ONEHALF OF THE APPLICABLE EXPERIENCE REQUIREMENT FOR ANY LICENSE ISSUED UNDER THIS ARTICLE.
1267110. Unauthorized use of title. NO PERSON SHALL ADVERTISE IN ANY MANNER OR USE THE TITLE OR DESIGNATION OF MASTER HVACR SUPERVISOR OR HVACR JOURNEYMAN UNLESS QUALIFIED AND LICENSED UNDER THIS ARTICLE.
1267111. License by endorsement. THE BOARD MAY ISSUE AN HVACR LICENSE BY ENDORSEMENT FOR THIS STATE TO ANY PERSON WHO IS LICENSED IN ANOTHER STATE IF SUCH PERSON PRESENTS PROOF SATISFACTORY TO THE BOARD THAT, AT THE TIME OF APPLICATION FOR A COLORADO LICENSE BY ENDORSEMENT, THE PERSON POSSESSES CREDENTIALS AND QUALIFICATIONS THAT ARE SUBSTANTIALLY EQUIVALENT TO REQUIREMENTS IN COLORADO FOR LICENSURE BY EXAMINATION. THE BOARD MAY DEFINE BY RULE "SUBSTANTIALLY EQUIVALENT CREDENTIALS AND QUALIFICATIONS" AND MAY FURTHER REQUIRE A WAITING PERIOD OF SIX MONTHS AFTER THE ISSUANCE OF A LICENSE IN ANOTHER STATE BEFORE ISSUING A LICENSE IN COLORADO.
1267112. Temporary licenses. (1) THE BOARD, THE PROGRAM ADMINISTRATOR, OR THE PROGRAM ADMINISTRATOR'S AGENT, AS PROVIDED IN THE RULES PROMULGATED BY THE BOARD, SHALL ISSUE TEMPORARY PERMITS TO ENGAGE IN THE WORK OF A MASTER HVACR SUPERVISOR CATEGORY IN CASES WHERE AN HVACR CONTRACTOR NO LONGER HAS THE SERVICES OF ANY MASTER HVACR SUPERVISOR AS REQUIRED UNDER THIS ARTICLE.
(2) THE BOARD, THE PROGRAM ADMINISTRATOR, OR THE PROGRAM ADMINISTRATOR'S AGENT, AS PROVIDED IN THE RULES PROMULGATED BY THE BOARD, SHALL ISSUE TEMPORARY PERMITS TO ENGAGE IN THE WORK OF AN HVACR JOURNEYMAN OR A MASTER HVACR SUPERVISOR TO ANY APPLICANT WHO FURNISHES EVIDENCE SATISFACTORY TO THE BOARD THAT THE APPLICANT HAS THE REQUIRED EXPERIENCE TO QUALIFY FOR THE EXAMINATION PROVIDED IN THIS ARTICLE AND WHO PAYS THE FEE PROVIDED IN SECTION 1267116 FOR SUCH LICENSES.
(3) TEMPORARY LICENSES ISSUED PURSUANT TO THIS SECTION SHALL BE VALID ONLY UNTIL THE NEXT EXAMINATION IS GIVEN AND MAY BE REVOKED BY THE BOARD AT ANY TIME. IF THE APPLICANT IS GRANTED A LICENSE, ANY FEE PAID FOR THE TEMPORARY LICENSE SHALL BE APPLIED TO THE FEE REQUIRED FOR A REGULAR LICENSE.
(4) WHEN AN HVACR CONTRACTOR HIRES A PERSON TO PERFORM HVACR WORK WHO IS QUALIFIED FOR HVACR LICENSURE BUT HAS NOT YET OBTAINED A LICENSE IN THIS STATE, THE CONTRACTOR SHALL NOTIFY THE BOARD IN WRITING BY MAIL OR FACSIMILE REGARDING THE EMPLOYMENT OF SUCH PERSON. SUCH PERSON MAY BEGIN PROVIDING HVACR WORK FOR THE HVACR CONTRACTOR IMMEDIATELY; EXCEPT THAT SUCH PERSON SHALL MEET ALL OF THE REQUIREMENTS OF THIS SECTION FOR OBTAINING A TEMPORARY PERMIT.
1267113. Licensing of persons during initial period repeal. (1) DURING THE PERIOD BEGINNING JULY 1, 1997, UNTIL THE FIRST EXAMINATIONS ARE GIVEN BY THE BOARD, THE BOARD MAY ADOPT REASONABLE RULES FOR INVESTIGATING, CLASSIFYING, AND QUALIFYING APPLICANTS FOR LICENSURE AND MAY ISSUE LICENSES TO APPLICANTS DETERMINED BY THE BOARD TO BE QUALIFIED, WITH OR WITHOUT WRITTEN EXAMINATION.
(2) THE BOARD SHALL ISSUE A MASTER HVACR SUPERVISOR LICENSE OR A JOURNEYMAN HVACR LICENSE WITHOUT EXAMINATION TO AN APPLICANT FOR SUCH LICENSE WHO:
(a) HOLDS A CURRENT LICENSE, REGISTRATION, OR CERTIFICATION OR HELD A LICENSE, REGISTRATION, OR CERTIFICATION THAT WAS CURRENT ON OR AFTER JULY 1, 1997, AND IF THE BOARD DETERMINES THAT THE APPLICANT IS QUALIFIED FOR THE LICENSE CLASSIFICATION FOR WHICH THE APPLICANT HAS APPLIED; OR
(b) PROVIDES SUFFICIENT WRITTEN EVIDENCE THAT THE APPLICANT HAS BEEN SATISFACTORILY PROVIDING HVACR SERVICES FOR A PERIOD OF TIME THAT EQUALS OR EXCEEDS THE NUMBER OF YEARS OF PRACTICAL EXPERIENCE THAT ARE REQUIRED UNDER THE PROVISIONS OF THIS ARTICLE FOR THE LICENSE CLASSIFICATION FOR WHICH THE APPLICANT HAS APPLIED.
1267114. Supervision of apprentices and trainees registration discipline. (1) ANY PERSON MAY WORK AS AN APPRENTICE OR TRAINEE BUT SHALL NOT UNDERTAKE ANY HVACR WORK EXCEPT UNDER THE SUPERVISION OF A LICENSED HVACR JOURNEYMAN OR MASTER HVACR SUPERVISOR. THE DEGREE OF SUPERVISION REQUIRED SHALL BE NO MORE THAN ONE LICENSED HVACR JOURNEYMAN OR MASTER HVACR SUPERVISOR TO SUPERVISE NO MORE THAN ONE APPRENTICE OR TRAINEE AT A JOB SITE.
(2) ANY HVACR CONTRACTOR, HVACR JOURNEYMAN, OR MASTER HVACR SUPERVISOR WHO IS THE EMPLOYER OR SUPERVISOR OF ANY HVACR APPRENTICE OR TRAINEE SHALL BE RESPONSIBLE FOR THE HVACR WORK PERFORMED BY SUCH APPRENTICE OR TRAINEE. THE BOARD MAY TAKE DISCIPLINARY ACTION AGAINST ANY SUCH HVACR CONTRACTOR, MASTER HVACR SUPERVISOR, OR HVACR JOURNEYMAN UNDER THE PROVISIONS OF SECTION 1267122 FOR ANY IMPROPER WORK PERFORMED BY AN HVACR APPRENTICE OR TRAINEE PERFORMING HVACR WORK DURING THE TIME OF THE APPRENTICE'S OR TRAINEE'S EMPLOYMENT WHILE UNDER THE EMPLOYMENT OR SUPERVISION OF SUCH HVACR CONTRACTOR, MASTER HVACR SUPERVISOR, OR HVACR JOURNEYMAN. THE REGISTRATION OF SUCH APPRENTICE OR TRAINEE MAY ALSO BE SUBJECT TO DISCIPLINARY ACTION UNDER SECTION 1267122.
(3) UPON EMPLOYING AN HVACR APPRENTICE OR TRAINEE TO PERFORM HVACR WORK, THE HVACR CONTRACTOR, WITHIN THIRTY DAYS AFTER SUCH INITIAL EMPLOYMENT, SHALL REGISTER SUCH APPRENTICE OR TRAINEE WITH THE BOARD. THE EMPLOYER SHALL ALSO NOTIFY THE BOARD WITHIN THIRTY DAYS AFTER THE TERMINATION OF SUCH EMPLOYMENT.
1267115. Exemptions copies of minimum standards registration by local authorities. (1) NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO REQUIRE ANY INDIVIDUAL TO HOLD A LICENSE BEFORE DOING HVACR WORK ON THE INDIVIDUAL'S OWN PROPERTY OR RESIDENCE IF ALL SUCH HVACR WORK, EXCEPT FOR MAINTENANCE, REPAIR, OR ALTERATION OF EXISTING FACILITIES, IS INSPECTED AS PROVIDED IN THIS ARTICLE; EXCEPT THAT, IF SUCH PROPERTY OR RESIDENCE IS INTENDED FOR SALE OR RESALE BY A PERSON ENGAGED IN THE BUSINESS OF CONSTRUCTING OR REMODELING SUCH FACILITIES OR STRUCTURES, IS RENTAL PROPERTY THAT IS OCCUPIED OR IS TO BE OCCUPIED BY TENANTS FOR LODGING, EITHER TRANSIENT OR PERMANENT, OR IS GENERALLY OPEN TO THE PUBLIC, THE OWNER IS RESPONSIBLE FOR, AND THE PROPERTY IS SUBJECT TO, ALL OF THE PROVISIONS OF THIS ARTICLE PERTAINING TO INSPECTION AND LICENSING, UNLESS SPECIFICALLY EXEMPTED THEREIN.
(2) IF THE PROPERTY OF ANY PERSON IS RENTAL PROPERTY, OR DEVELOPED FOR SALE, LEASE, OR RENTAL, IS OCCUPIED OR ANTICIPATED TO BE OCCUPIED BY TENANTS FOR LODGING, EITHER TRANSIENT OR PERMANENT, OR IS GENERALLY OPEN TO THE PUBLIC, THEN SUCH PROPERTY IS SUBJECT TO ALL THE PROVISIONS OF THIS ARTICLE PERTAINING TO INSPECTION AND LICENSING, EXCEPT FOR THE MAINTENANCE, REPAIR, OR ALTERATION OF EXISTING FACILITIES OTHERWISE EXEMPT UNDER THIS SECTION.
(3) A PERSON MAY ENGAGE IN BUSINESS AS AN HVACR CONTRACTOR WITHOUT AN HVACR LICENSE IF ALL HVACR WORK PERFORMED BY SUCH INDIVIDUAL, FIRM, COPARTNERSHIP, OR CORPORATION IS UNDER THE DIRECTION AND CONTROL OF A LICENSED MASTER HVACR SUPERVISOR.
(4) UPON REQUEST, THE BOARD SHALL MAKE AVAILABLE AND MAIL ANY MINIMUM STANDARDS PERTAINING TO SPECIFIC HVACR INSTALLATIONS AND SHALL CHARGE A FEE FOR THE SAME. SUCH FEE SHALL NOT EXCEED THE ACTUAL COST TO THE BOARD OF PROVIDING SUCH COPIES. UPON REQUEST, THE BOARD SHALL MAKE AVAILABLE AND MAIL COPIES OF THE NATIONAL UNIFORM MECHANICAL CODE OR THE UNIFORM SOLAR ENERGY CODE AND SHALL CHARGE A FEE FOR THE SAME. SUCH FEE SHALL NOT EXCEED THE ACTUAL COST TO THE BOARD OF PROVIDING SUCH COPIES.
(5) AS HVACR LICENSING AND THE EXAMINATION OF PERSONS PERFORMING HVACR WORK IS A MATTER OF STATEWIDE CONCERN, NO EXAMINATION, CERTIFICATION, LICENSING, OR REGISTRATION OF HVACR CONTRACTORS, MASTER HVACR SUPERVISORS, HVACR JOURNEYMEN, APPRENTICES, OR TRAINEES WHO ARE LICENSED, REGISTERED, OR CERTIFIED UNDER THIS ARTICLE SHALL BE REQUIRED BY ANY CITY, TOWN, COUNTY, OR CITY AND COUNTY; EXCEPT THAT ANY SUCH LOCAL GOVERNMENTAL AUTHORITY MAY IMPOSE REASONABLE REGISTRATION REQUIREMENTS ON ANY HVACR CONTRACTOR AS A CONDITION OF PERFORMING SERVICES WITHIN THE JURISDICTION OF SUCH AUTHORITY. A LOCAL GOVERNMENT AUTHORITY MAY NOT CHARGE ANY FEE FOR SUCH REGISTRATION.
(6) NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO REQUIRE THAT EMPLOYEES OF THE FEDERAL GOVERNMENT WHO PERFORM HVACR WORK ON FEDERAL PROPERTY BE LICENSED OR THAT THE HVACR WORK PERFORMED ON SUCH PROPERTY BE REGULATED PURSUANT TO THIS ARTICLE.
(7) NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO REQUIRE:
(a) THAT REFERENCES TO ANY LOWVOLTAGE WIRING THAT DOES NOT EXCEED FORTYEIGHT VOLTS BE INTERPRETED TO MEAN THAT A REGISTERED ELECTRICAL CONTRACTOR OR LICENSED ELECTRICIAN NEEDS AN HVACR LICENSE IN ORDER TO PROVIDE LOWVOLTAGE SERVICES;
(b) THAT REFERENCES PERMITTING THE INSTALLATION OF, ADDITION TO, ALTERATION OF, AND REPAIR OF WATER HEATERS NOT EXCEEDING ONE HUNDRED MBTU BE INTERPRETED TO MEAN THAT A LICENSED PLUMBER NEEDS AN HVACR LICENSE IN ORDER TO INSTALL, ADD TO, ALTER, OR REPAIR WATER HEATERS.
1267116. Fees. (1) AS ESTABLISHED PURSUANT TO SECTION 2434105, C.R.S., FEES SHALL BE CHARGED BY THE STATE HVACR BOARD FOR THE FOLLOWING:
(a) MASTER HVACR SUPERVISOR LICENSE;
(b) ANNUAL RENEWAL OF MASTER HVACR SUPERVISOR LICENSE;
(c) JOURNEYMAN HVACR LICENSE;
(d) ANNUAL RENEWAL OF HVACR JOURNEYMAN LICENSE;
(e) EXAMINATION FOR MASTER HVACR SUPERVISOR;
(f) EXAMINATION FOR HVACR JOURNEYMAN;
(g) HVACR CONTRACTOR LICENSE;
(h) ANNUAL RENEWAL OF HVACR CONTRACTOR LICENSE;
(i) APPRENTICE REGISTRATION; AND
(j) ANNUAL RENEWAL OF APPRENTICE REGISTRATION.
1267117. Disposition of fees and expenses of board. ALL MONEYS COLLECTED UNDER THIS ARTICLE SHALL BE TRANSMITTED TO THE STATE TREASURER, WHO SHALL CREDIT THE SAME PURSUANT TO SECTION 2434105, C.R.S., AND THE GENERAL ASSEMBLY SHALL MAKE ANNUAL APPROPRIATIONS FOR EXPENDITURES OF THE BOARD INCURRED IN THE PERFORMANCE OF ITS DUTIES UNDER THIS ARTICLE, WHICH EXPENDITURES SHALL BE MADE FROM SUCH APPROPRIATIONS UPON VOUCHERS AND WARRANTS DRAWN PURSUANT TO LAW.
1267118. Report publications. (1) THE BOARD MAY PREPARE AND TRANSMIT ANNUALLY, IN THE FORM AND MANNER PRESCRIBED BY SECTION 241136, C.R.S., A REPORT TO THE GOVERNOR AND THE GENERAL ASSEMBLY CONCERNING THE RESPONSIBILITIES ASSIGNED BY LAW TO THE BOARD.
(2) PUBLICATIONS OF THE BOARD DISTRIBUTED IN QUANTITY OUTSIDE OF THE EXECUTIVE BRANCH SHALL BE ISSUED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 241136, C.R.S.
1267119. Inspectors qualifications. (1) THE DIRECTOR OF THE DIVISION OF REGISTRATIONS MAY EMPLOY COMPETENT PERSONS LICENSED UNDER THIS ARTICLE AS HVACR JOURNEYMEN OR MASTER HVACR SUPERVISORS AS STATE HVACR INSPECTORS. THE DIRECTOR ALSO MAY APPOINT OR EMPLOY, WITH THE POWER OF REMOVAL, FOR THE PURPOSE OF INSPECTING SINGLEFAMILY, TWOFAMILY, THREEFAMILY, OR FOURFAMILY DWELLINGS, COMPETENT PERSONS WITH THE FOLLOWING QUALIFICATIONS:
(a) PERSONS WHO HAVE PASSED THE WRITTEN RESIDENTIAL HVACR EXAMINATION DESCRIBED IN SECTION 1267108 (4); OR
(b) PERSONS WHO HAVE BEEN CERTIFIED AS RESIDENTIAL HVACR INSPECTORS BY A NATIONAL CERTIFICATION AUTHORITY APPROVED BY THE BOARD AND WHO HAVE FURNISHED SATISFACTORY EVIDENCE OF AT LEAST TWO YEARS' PRACTICAL EXPERIENCE IN THE INSPECTION OF RESIDENTIAL DWELLINGS.
(2) THE DIRECTOR OF THE DIVISION OF REGISTRATIONS SHALL EMPLOY A SUFFICIENT NUMBER OF INSPECTORS TO PROVIDE INSPECTION SERVICES THROUGHOUT THE STATE. THE DIRECTOR OF THE DIVISION OF REGISTRATIONS MAY CONTRACT WITH ANY HVACR INSPECTOR TO MAKE INSPECTIONS IN A DESIGNATED AREA AT SUCH COMPENSATION AS SHALL BE FIXED BY SAID DIRECTOR. THE COMPENSATION FOR STATE HVACR INSPECTORS SHALL BE DERIVED SOLELY FROM LICENSE AND INSPECTION FEES COLLECTED UNDER THE REQUIREMENTS OF THIS ARTICLE. STATE HVACR INSPECTORS HAVE THE RIGHT OF INGRESS AND EGRESS TO AND FROM ALL PUBLIC AND PRIVATE PREMISES, DURING REASONABLE WORKING HOURS WHERE THIS ARTICLE APPLIES, FOR THE PURPOSE OF MAKING HVACR INSPECTIONS OR OTHERWISE DETERMINING COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE. IN ORDER TO AVOID CONFLICTS OF INTEREST, A STATE HVACR INSPECTOR HIRED UNDER THIS SECTION SHALL NOT INSPECT ANY HVACR WORK IN WHICH SUCH INSPECTOR HAS ANY FINANCIAL OR OTHER PERSONAL INTEREST AND SHALL NOT BE ENGAGED IN THE HVACR BUSINESS BY CONTRACTING, SUPPLYING MATERIAL, OR PERFORMING HVACR WORK AS DEFINED IN THIS ARTICLE.
(3) AN EMPLOYEE OF A PRIVATE, MUNICIPAL, OR COOPERATIVE GAS UTILITY SHALL BE PROHIBITED FROM EMPLOYMENT AS AN HVACR INSPECTOR OF WORK IN WHICH THE INSPECTOR HAS A FINANCIAL INTEREST. HVACR INSPECTORS PERFORMING HVACR INSPECTIONS WHO ARE EMPLOYED BY ANY GOVERNMENTAL SUBDIVISION OF THE STATE SHALL POSSESS THE SAME QUALIFICATIONS REQUIRED OF THE STATE HVACR INSPECTORS UNDER THIS SECTION, SHALL BE REGISTERED WITH THE BOARD PRIOR TO THE ASSUMPTION OF THEIR DUTIES, SHALL NOT INSPECT ANY HVACR WORK IN WHICH SUCH INSPECTOR HAS ANY FINANCIAL OR OTHER PERSONAL INTEREST, AND SHALL NOT BE ENGAGED, WITHIN THE JURISDICTION EMPLOYING SUCH INSPECTOR, IN THE HVACR BUSINESS.
(4) NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO LIMIT ANY INSPECTOR FROM QUALIFYING AS AN INSPECTOR IN OTHER CONSTRUCTION TRADES.
1267120. Inspection application standards. (1) ANY INDIVIDUAL REQUIRED TO HAVE HVACR INSPECTION UNDER THIS ARTICLE MAY APPLY THROUGH ANY PRIVATE, MUNICIPAL, OR COOPERATIVE GAS UTILITY FOR AN APPLICATION FOR INSPECTION; EXCEPT THAT, WHERE ANY GOVERNMENT SUBDIVISION OF THIS STATE HAS AN ESTABLISHED BUILDING DEPARTMENT WHERE APPLICATIONS FOR BUILDING PERMITS AND INSPECTIONS ARE PROCESSED, SUCH INDIVIDUAL SHALL APPLY TO SUCH BUILDING DEPARTMENT. SUCH UTILITY SHALL PROVIDE FORMS FURNISHED BY THE BOARD TO THE APPLICANT, WHO SHALL REMIT THE APPLICATION FOR INSPECTION TO SUCH BOARD ON SUCH FORMS. UPON PAYMENT BY THE APPLICANT OF THE FEE TO THE BOARD, THE BOARD SHALL ISSUE A TEMPORARY PERMIT TO THE APPLICANT AND SHALL REMIT A COPY OF SUCH PERMIT TO THE UTILITY AND THE STATE INSPECTOR RESPONSIBLE FOR SUCH INSPECTION AND RETAIN ONE COPY IN ITS OFFICE. WITHIN SEVEN WORKING DAYS AFTER COMPLETION OF FINAL INSPECTION AND APPROVAL BY THE STATE HVACR INSPECTOR, WRITTEN NOTICE SHALL BE ISSUED BY THE BOARD TO THE APPLICANT, THE UTILITY, AND THE STATE INSPECTOR RESPONSIBLE FOR SUCH INSPECTION, AND ONE COPY SHALL BE RETAINED IN THE OFFICE OF THE BOARD. NO UTILITY SHALL PROVIDE SERVICE TO ANY PERSON REQUIRED TO HAVE AN HVACR INSPECTION UNDER THIS ARTICLE WITHOUT PROOF OF FINAL APPROVAL AS PROVIDED IN THIS SUBSECTION (1); EXCEPT THAT SUCH SERVICE SHALL BE PROVIDED IN THOSE SITUATIONS DETERMINED BY THE LOCAL HVACR INSPECTION AUTHORITY, OR BY THE BOARD, WHICHEVER SHALL HAVE JURISDICTION, TO BE EMERGENCY SITUATIONS UNTIL SUCH INSPECTION HAS BEEN MADE. SUCH EMERGENCY SERVICES MAY NOT EXTEND BEYOND SEVEN DAYS.
(2) ANY HVACR INSTALLATION IN ANY NEW CONSTRUCTION, REMODELING, OR REPAIR OTHER THAN MANUFACTURED UNITS CERTIFIED BY THE DIVISION OF HOUSING PURSUANT TO SECTION 2432715, C.R.S., EXCEPT IN ANY INCORPORATED TOWN OR CITY, ANY COUNTY, OR ANY CITY AND COUNTY HAVING ITS OWN HVACR CODE AND INSPECTION EQUAL TO THE MINIMUM STANDARDS AS PROVIDED IN THIS ARTICLE, SHALL BE INSPECTED BY A STATE HVACR INSPECTOR. A STATE HVACR INSPECTOR SHALL INSPECT ANY NEW CONSTRUCTION, REMODELING, OR REPAIR SUBJECT TO THE PROVISIONS OF THIS SUBSECTION (2) WITHIN FIVE WORKING DAYS AFTER THE RECEIPT OF THE APPLICATION FOR INSPECTION. PRIOR TO THE COMMENCEMENT OF ANY SUCH HVACR INSTALLATION, THE PERSON MAKING SUCH INSTALLATION SHALL MAKE APPLICATION FOR INSPECTION AND PAY THE REQUIRED FEE THEREFOR.
(3) EACH APPLICATION, CERTIFICATE OF APPROVAL, AND NOTICE OF DISAPPROVAL SHALL CONTAIN THE NAME OF THE PROPERTY OWNER, IF KNOWN, THE LOCATION AND A BRIEF DESCRIPTION OF THE INSTALLATION, THE NAME OF THE GENERAL CONTRACTOR IF ANY, THE NAME OF THE HVACR CONTRACTOR OR LICENSED HVACR JOURNEYMAN OR MASTER HVACR SUPERVISOR AND STATE REGISTRATION NUMBER, THE STATE HVACR INSPECTOR, AND THE INSPECTION FEE CHARGED FOR THE INSPECTION. THE ORIGINAL NOTICE OF DISAPPROVAL AND WRITTEN REASONS FOR DISAPPROVAL AND CORRECTIVE ACTIONS TO BE TAKEN SHALL BE MAILED TO THE BOARD AND A COPY OF SUCH NOTICE SHALL BE MAILED TO THE HVACR CONTRACTOR WITHIN TWO WORKING DAYS AFTER THE DATE OF INSPECTION. A COPY OF THE NOTICE SHALL ALSO BE POSTED AT THE INSTALLATION SITE IN A CONSPICUOUS PLACE NEAREST A PUBLIC ROAD. SUCH FORMS SHALL BE FURNISHED BY THE BOARD AND A COPY OF EACH APPLICATION, CERTIFICATE, AND NOTICE MADE OR ISSUED SHALL BE FILED WITH THE BOARD.
(4) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE ANY UTILITY AS DEFINED IN THIS ARTICLE TO COLLECT OR ENFORCE COLLECTION OR IN ANY WAY HANDLE THE PAYMENT OF ANY FEE CONNECTED WITH SUCH APPLICATION.
(5) ALL INSPECTION PERMITS ISSUED BY THE BOARD SHALL BE VALID FOR A PERIOD OF FIVE MONTHS. THE BOARD SHALL CANCEL THE PERMIT AND REMOVE IT FROM THE BOARD'S FILES AT THE END OF A TWELVEMONTH PERIOD, EXCEPT IN THE FOLLOWING CIRCUMSTANCES:
(a) IF AN APPLICANT MAKES A SHOWING AT THE TIME OF APPLICATION FOR A PERMIT THAT THE HVACR WORK IS SUBSTANTIAL AND IS LIKELY TO TAKE LONGER THAN TWELVE MONTHS, THE BOARD MAY ISSUE A PERMIT TO BE VALID FOR A PERIOD LONGER THAN TWELVE MONTHS, BUT NOT EXCEEDING THREE YEARS.
(b) IF THE APPLICANT NOTIFIES THE BOARD OF EXTENUATING CIRCUMSTANCES PRIOR TO THE EXPIRATION OF THE PERMIT PERIOD THE BOARD MAY, IN ITS DISCRETION, EXTEND THE VALIDITY OF THE PERMIT FOR A PERIOD NOT TO EXCEED SIX MONTHS.
(6) IF AN INSPECTION IS REQUESTED BY AN APPLICANT AFTER A PERMIT HAS EXPIRED OR HAS BEEN CANCELED, A NEW PERMIT SHALL BE APPLIED FOR AND GRANTED BEFORE AN INSPECTION IS PERFORMED.
(7) NOTWITHSTANDING THE FACT THAT ANY INCORPORATED TOWN OR CITY, ANY COUNTY, OR ANY CITY AND COUNTY IN WHICH A PUBLIC SCHOOL IS LOCATED OR IS TO BE LOCATED HAS ITS OWN HVACR CODE AND INSPECTION AUTHORITY, ANY HVACR INSTALLATION IN ANY NEW CONSTRUCTION, REMODELING, OR REPAIR OF A PUBLIC SCHOOL SHALL BE INSPECTED BY A STATE HVACR INSPECTOR.
(8) IN THE EVENT THAT ANY INCORPORATED TOWN OR CITY, ANY COUNTY, OR ANY CITY AND COUNTY INTENDS TO COMMENCE OR CEASE PERFORMING HVACR INSPECTIONS IN ITS RESPECTIVE JURISDICTION, IT SHALL COMMENCE OR CEASE THE SAME ONLY ON JULY 1 OF ANY YEAR, AND WRITTEN NOTICE OF SUCH INTENT SHALL BE GIVEN TO THE BOARD ON OR BEFORE OCTOBER 1 OF THE PRECEDING CALENDAR YEAR. IF NOTICE IS NOT GIVEN AND THE USE OF STATE HVACR INSPECTORS IS REQUIRED, THE RESPECTIVE LOCAL GOVERNMENT OF THE JURISDICTION REQUIRING SUCH INSPECTORS SHALL REIMBURSE THE STATE HVACR BOARD FOR ANY EXPENSES INCURRED IN PERFORMING SUCH INSPECTIONS, IN ADDITION TO TRANSMITTING THE REQUIRED PERMIT FEES.
(9) (a) ANY PERSON CLAIMING TO BE AGGRIEVED BY THE FAILURE OF A STATE HVACR INSPECTOR TO INSPECT THE PERSON'S PROPERTY AFTER PROPER APPLICATION OR BY NOTICE OF DISAPPROVAL WITHOUT SETTING FORTH THE REASONS FOR DENYING THE INSPECTION PERMIT MAY REQUEST THE PROGRAM ADMINISTRATOR TO REVIEW THE ACTIONS OF THE STATE HVACR INSPECTOR OR THE MANNER OF THE INSPECTION. SUCH REQUEST MAY BE MADE BY THE PERSON'S AUTHORIZED REPRESENTATIVE. SUCH REQUEST SHALL BE MADE IN WRITING.
(b) UPON THE FILING OF A REQUEST, THE PROGRAM ADMINISTRATOR SHALL CAUSE A COPY THEREOF TO BE SERVED UPON THE STATE HVACR INSPECTOR COMPLAINED OF, TOGETHER WITH AN ORDER REQUIRING SUCH INSPECTOR TO ANSWER TO THE ALLEGATIONS OF SUCH REQUEST WITHIN A TIME FIXED BY THE PROGRAM ADMINISTRATOR.
(c) IF THE REQUEST IS NOT GRANTED WITHIN TEN DAYS AFTER IT IS FILED, IT SHALL BE TREATED AS HAVING BEEN REJECTED. ANY PERSON AGGRIEVED BY THE ACTION OF THE PROGRAM ADMINISTRATOR IN REFUSING THE REVIEW REQUESTED OR IN FAILING OR REFUSING TO GRANT ALL OR PART OF THE RELIEF REQUESTED MAY FILE A WRITTEN COMPLAINT AND REQUEST FOR A HEARING WITH THE BOARD, SPECIFYING THE GROUNDS FOR THE COMPLAINT.
(d) ANY HEARING BEFORE THE BOARD SHALL BE HELD PURSUANT TO SECTION 244105, C.R.S.
1267121. Inspection fees. (1) AS ESTABLISHED PURSUANT TO SECTION 2434105, C.R.S., INSPECTION FEES SHALL BE CHARGED BY THE STATE HVACR BOARD FOR THE FOLLOWING CATEGORIES:
(a) RESIDENTIAL CONSTRUCTION OF, OR EXTENSIVE REMODELING OF:
(I) AN AREA OF NOT MORE THAN ONE THOUSAND SQUARE FEET OF ENCLOSED LIVING SPACE;
(II) AN AREA OF MORE THAN ONE THOUSAND SQUARE FEET BUT NOT MORE THAN ONE THOUSAND FIVE HUNDRED SQUARE FEET OF ENCLOSED LIVING SPACE;
(III) AN AREA OF MORE THAN ONE THOUSAND FIVE HUNDRED SQUARE FEET BUT NO MORE THAN TWO THOUSAND SQUARE FEET OF ENCLOSED LIVING SPACE;
(IV) AN AREA OF MORE THAN TWO THOUSAND SQUARE FEET OF ENCLOSED LIVING SPACE. SUCH AREA SHALL BE CLASSIFIED PER HUNDRED SQUARE FEET OF ENCLOSED LIVING SPACE IN EXCESS OF TWO THOUSAND SQUARE FEET.
(V) SUCH FEE CATEGORY SHALL NOT INCLUDE EXTENSIONS TO, OR MINOR REMODELING OF, EXISTING STRUCTURES. THE FEE FOR SUCH INSPECTIONS SHALL BE INCLUDED IN THE CATEGORY SET FORTH IN PARAGRAPH (b) OF THIS SUBSECTION (1).
(b) ALL OTHER FEES, EXCEPT FOR INSPECTIONS IN MOBILE HOME AND TRAVEL TRAILER PARKS OR OTHER MOVABLE STRUCTURES, SHALL BE COMPUTED ON THE DOLLAR VALUE OF THE HVACR INSTALLATION, INCLUDING MATERIALS AND ITEMS, AND THE TOTAL COST TO THE CONSUMER. FEE CATEGORIES SHALL BE SET FOR THE FOLLOWING VALUATIONS OF WORK:
(I) NOT MORE THAN THREE HUNDRED DOLLARS;
(II) MORE THAN THREE HUNDRED DOLLARS BUT NOT MORE THAN TWO THOUSAND DOLLARS;
(III) MORE THAN TWO THOUSAND DOLLARS BUT NOT MORE THAN FIFTY THOUSAND DOLLARS;
(IV) MORE THAN FIFTY THOUSAND DOLLARS BUT NOT MORE THAN FIVE HUNDRED THOUSAND DOLLARS; AND
(V) MORE THAN FIVE HUNDRED THOUSAND DOLLARS.
(2) AS HVACR INSPECTIONS ARE MATTERS OF STATEWIDE CONCERN THE MAXIMUM FEES, ESTABLISHED ANNUALLY, CHARGEABLE FOR HVACR INSPECTIONS BY ANY TOWN OR CITY, COUNTY, OR CITY AND COUNTY SHALL NOT BE MORE THAN TWENTYFIVE PERCENT ABOVE THOSE PROVIDED IN THIS SECTION AND NO SUCH LOCAL GOVERNMENT SHALL IMPOSE OR COLLECT ANY OTHER FEE OR CHARGE RELATED TO HVACR INSPECTIONS OR PERMITS.
(3) IF AN APPLICATION IS NOT FILED IN ADVANCE OF THE COMMENCEMENT OF AN INSTALLATION, THE INSPECTION FEE SHALL BE TWICE THE AMOUNT PRESCRIBED THEREFOR IN THIS SECTION.
1267122. Disciplinary action by the board licenses or registrations denied, suspended, or revoked. (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 MAY PLACE A LICENSEE OR REGISTRANT ON PROBATION FOR ANY OF THE FOLLOWING REASONS:
(a) VIOLATION OF OR AIDING OR ABETTING IN THE VIOLATION OF ANY PROVISION OF THIS ARTICLE;
(b) VIOLATION OF THE RULES OR ORDERS PROMULGATED BY THE BOARD IN CONFORMITY WITH THE PROVISIONS OF THIS ARTICLE, OR AIDING OR ABETTING SUCH VIOLATION;
(c) FAILURE OR REFUSAL TO REMOVE, WITHIN A REASONABLE TIME, THE CAUSE OF THE DISAPPROVAL OF ANY HVACR INSTALLATION AS REPORTED ON THE NOTICE OF DISAPPROVAL OF ANY HVACR INSTALLATION. "REASONABLE TIME" INCLUDES TIME FOR APPEAL TO, AND A HEARING BEFORE, THE BOARD;
(d) FAILURE OR REFUSAL TO MAINTAIN OR ADHERE TO THE MINIMUM STANDARDS SET FORTH IN RULES ADOPTED BY THE BOARD PURSUANT TO SECTION 1267105 (1);
(e) ANY CAUSE FOR WHICH THE ISSUANCE OF THE LICENSE COULD HAVE BEEN REFUSED HAD SUCH CAUSE THEN EXISTED AND BEEN KNOWN TO THE BOARD;
(f) COMMITMENT OR OMISSION OF ONE OR MORE ACTS THAT DO NOT MEET GENERALLY ACCEPTED STANDARDS OF HVACR PRACTICE;
(g) CONVICTION OF OR ACCEPTANCE OF A PLEA OF GUILTY OR NOLO CONTENDERE TO A COURT FOR A FELONY. IN CONSIDERING THE DISCIPLINARY ACTION THE BOARD SHALL BE GOVERNED BY THE PROVISIONS OF SECTION 245101, C.R.S.
(h) ADVERTISING BY ANY LICENSEE OR REGISTRANT THAT IS FALSE OR MISLEADING;
(i) DECEPTION, MISREPRESENTATION, OR FRAUD IN OBTAINING OR ATTEMPTING TO OBTAIN A LICENSE OR IN OBTAINING OR ATTEMPTING TO OBTAIN THE RENEWAL OF A LICENSE OR REGISTRATION;
(j) FAILURE OF A MASTER HVACR SUPERVISOR WHO IS CHARGED WITH SUPERVISING ALL HVACR WORK WITHIN THE MASTER HVACR SUPERVISOR'S AREA OF LICENSE CATEGORY PERFORMED BY A CONTRACTOR PURSUANT TO SECTION 1267108 (1) TO ADEQUATELY SUPERVISE SUCH WORK OR FAILURE OF ANY LICENSEE TO ADEQUATELY SUPERVISE AN APPRENTICE OR TRAINEE WHO IS WORKING AT THE TRADE PURSUANT TO SECTION 1267114;
(k) EMPLOYMENT OF ANY PERSON REQUIRED BY THIS ARTICLE TO BE LICENSED OR REGISTERED TO OBTAIN A PERMIT WHO HAS NOT OBTAINED SUCH LICENSE, REGISTRATION, OR PERMIT;
(l) DISCIPLINARY ACTION AGAINST AN HVACR'S LICENSE IN ANOTHER STATE. EVIDENCE OF SUCH DISCIPLINARY ACTION SHALL BE PRIMA FACIE EVIDENCE FOR DENIAL OF LICENSURE OR OTHER DISCIPLINARY ACTION IF THE VIOLATION WOULD BE GROUNDS FOR SUCH DISCIPLINARY ACTION IN THIS STATE.
(2) WHEN A COMPLAINT OR AN INVESTIGATION DISCLOSES AN INSTANCE OF MISCONDUCT THAT, IN THE OPINION OF THE BOARD, DOES NOT WARRANT FORMAL ACTION BY THE BOARD BUT WHICH SHOULD NOT BE DISMISSED AS BEING WITHOUT MERIT, A LETTER OF ADMONITION MAY BE SENT BY CERTIFIED MAIL TO THE LICENSEE OR REGISTRANT AGAINST WHOM A COMPLAINT WAS MADE AND A COPY THEREOF SENT TO THE PERSON MAKING THE COMPLAINT. WHEN A LETTER OF ADMONITION IS SENT BY CERTIFIED MAIL BY THE BOARD TO A LICENSEE OR REGISTRANT AGAINST WHOM A COMPLAINT IS MADE, SUCH PERSON SHALL BE ADVISED THAT THE PERSON HAS THE RIGHT TO REQUEST IN WRITING, WITHIN TWENTY DAYS AFTER PROVEN RECEIPT OF THE LETTER, THAT FORMAL DISCIPLINARY PROCEEDINGS BE INITIATED AGAINST THE PERSON TO ADJUDICATE THE PROPRIETY OF THE CONDUCT UPON WHICH THE LETTER OF ADMONITION IS BASED. IF SUCH REQUEST IS MADE WITHIN THE SPECIFIED TIME LIMIT, THE LETTER OF ADMONITION SHALL BE DEEMED VACATED, AND THE MATTER SHALL BE PROCESSED BY MEANS OF FORMAL DISCIPLINARY PROCEEDINGS.
(3) ANY DISCIPLINARY ACTION TAKEN BY THE BOARD AND JUDICIAL REVIEW OF SUCH ACTION SHALL BE IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 4 OF TITLE 24, C.R.S., AND THE HEARING AND OPPORTUNITY FOR REVIEW SHALL BE CONDUCTED PURSUANT TO SAID ARTICLE BY THE BOARD OR, AT THE BOARD'S DISCRETION, AN ADMINISTRATIVE LAW JUDGE.
1267123. Reapplication after revocation of licensure. NO PERSON WHOSE LICENSE HAS BEEN REVOKED SHALL BE ALLOWED TO REAPPLY FOR LICENSURE EARLIER THAN TWO YEARS FROM THE EFFECTIVE DATE OF THE REVOCATION.
1267124. Reconsideration and review of board action. THE BOARD, ON ITS OWN MOTION OR UPON APPLICATION, AT ANY TIME AFTER THE IMPOSITION OF ANY DISCIPLINE AS PROVIDED FOR IN SECTION 1267122, MAY RECONSIDER ITS PRIOR ACTION AND REINSTATE OR RESTORE SUCH LICENSE, TERMINATE PROBATION, OR REDUCE THE SEVERITY OF ITS PRIOR DISCIPLINARY ACTION. THE TAKING OF ANY SUCH FURTHER ACTION, OR THE HOLDING OF A HEARING WITH RESPECT THERETO, SHALL REST IN THE SOLE DISCRETION OF THE BOARD.
1267125. Immunity. ANY MEMBER OF THE BOARD SHALL BE IMMUNE FROM SUIT IN ANY CIVIL ACTION BASED UPON ANY DISCIPLINARY PROCEEDINGS OR OTHER OFFICIAL ACTIONS PERFORMED IN GOOD FAITH. ANY WITNESS, CONSULTANT, OR COMPLAINANT PARTICIPATING IN GOOD FAITH IN THE MAKING OF A COMPLAINT OR REPORT OR PARTICIPATING IN GOOD FAITH IN ANY INVESTIGATIVE OR ADMINISTRATIVE PROCEEDING PURSUANT TO THIS ARTICLE SHALL ALSO BE IMMUNE FROM SUIT IN ANY CIVIL ACTION.
1267126. Violations penalty. (1) IT IS UNLAWFUL FOR ANY PERSON TO:
(a) VIOLATE THE PROVISIONS OF SECTION 1267111, EXCEPT FOR THOSE PRACTICING PURSUANT TO SECTION 1267107 OR 1267115;
(b) PRACTICE AS AN HVACR JOURNEYMAN, MASTER HVACR SUPERVISOR, HVACR CONTRACTOR, OR APPRENTICE DURING A PERIOD WHEN THE PERSON'S LICENSE OR REGISTRATION HAS BEEN SUSPENDED OR REVOKED;
(c) SELL OR FRAUDULENTLY OBTAIN OR FURNISH A LICENSE TO PRACTICE AS AN HVACR JOURNEYMAN OR MASTER HVACR SUPERVISOR OR TO AID OR ABET THEREIN.
(2) ANY PERSON WHO VIOLATES ANY PROVISION OF THIS SECTION COMMITS A CLASS 3 MISDEMEANOR AND SHALL BE PUNISHED AS PROVIDED IN SECTION 181106, C.R.S.
1267127. Judicial review. THE COURT OF APPEALS SHALL HAVE INITIAL JURISDICTION TO REVIEW ALL FINAL ACTIONS AND ORDERS OF THE BOARD THAT ARE SUBJECT TO JUDICIAL REVIEW. SUCH PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH SECTION 244106 (11), C.R.S.
1267128. Repeal of article. THIS ARTICLE IS REPEALED, EFFECTIVE JULY 1, 1999. PRIOR TO SUCH REPEAL, THE STATE HVACR BOARD SHALL BE REVIEWED AS PROVIDED FOR IN SECTION 2434104, C.R.S.
SECTION 2. 241122 (3), Colorado Revised Statutes, 1988 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:
241122. Department of regulatory agencies creation. (3) The following boards and agencies are transferred by a type 1 transfer to the department of regulatory agencies and allocated to the division of registrations:
(mm) STATE HVACR BOARD, CREATED BY ARTICLE 67 OF TITLE 12, C.R.S.
SECTION 3. 2434104 (28) (c), Colorado Revised Statutes, 1988 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:
2434104. General assembly review of regulatory agencies and functions for termination, continuation, or reestablishment. (28) (c) The following agencies and functions of the specified agencies shall terminate July 1, 1999:
(IV) THE STATE HVACR BOARD, CREATED BY ARTICLE 67 OF TITLE 12, C.R.S.
SECTION 4. Effective date applicability. This act shall take effect July 1, 1997, and shall apply to acts occurring on or after said date.
SECTION 5. 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.