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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0279.01 EBD HOUSE BILL 98­1220

STATE OF COLORADO

BY REPRESENTATIVE Taylor;

also SENATOR Wattenberg.

ENGROSSED

BUSINESS AFFAIRS & LABOR

A BILL FOR AN ACT

CONCERNING THE REGULATION OF PLUMBERS BY THE BOARD OF PLUMBING EXAMINERS, AND MAKING AN APPROPRIATION THEREFOR.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

Sunset Process ­ House Business Affairs and Labor Committee. Modifies the composition of the examining board of plumbers. Repeals the requirement that appointees to the board be confirmed by the senate. Requires the board to adopt application procedures for requests for the approval of alternative materials and methods. Requires the board to set the number of plumbing apprentices a licensee may supervise. Allows the board to require that licensees document the experience gained by plumbing apprentices under their supervision. Clarifies that the division director, and not the board, employs plumbing inspectors. Repeals the board's authority to issue temporary permits, except for temporary master permits issued to existing plumbing contractors that have lost the services of a master plumber. Allows the board to enter a cease and desist order against persons holding themselves out as plumbers or plumbing contractors that do not have licenses.


Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  12­58­104 (1) (f) and (2) (b), Colorado Revised Statutes, are amended to read:

12­58­104.  Powers of board. (1)  In addition to all other powers and duties conferred or imposed upon the board by this article, the board is authorized and empowered to:

(f)  Employ inspectors and Charge fees for making inspections of plumbing work covered by the Colorado plumbing code in those areas where the local jurisdiction has not adopted its own plumbing code and where that jurisdiction has requested such inspections.

(2)  Notwithstanding any other provisions to the contrary, the board may, with regard to manufactured housing, which is subject to part 7 of article 32 of title 24, C.R.S.:

(b)  Employ inspectors and Charge fees for making inspections of manufactured housing water and sewer hookups.

SECTION 2.  12­58­104.5, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

12­58­104.5.  Colorado plumbing code ­ amendments ­ variances. (5)  LOCAL GOVERNMENTS THAT CONDUCT INSPECTIONS OR ENTER INTO INTERGOVERNMENTAL AGREEMENTS TO CONDUCT INSPECTIONS PURSUANT TO SECTION 12­58­114.5 (1.5) SHALL ON A SPECIFIC PROJECT BASIS BE PERMITTED TO APPROVE ALTERNATIVE MATERIALS AND METHODS OF CONSTRUCTION. IF A LOCAL GOVERNMENT APPROVES SUCH ALTERNATIVE MATERIALS AND METHODS, THE LOCAL GOVERNMENT SHALL NOTIFY THE BOARD.

SECTION 3.  12­58­106, Colorado Revised Statutes, is amended to read:

12­58­106.  Unauthorized use of title of plumber. (1)  No person shall 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)  IF THE BOARD HAS REASONABLE CAUSE TO BELIEVE THAT ANY PERSON IS VIOLATING ANY PROVISION OF THIS SECTION OR ANY LAWFUL RULE OR REGULATION ISSUED UNDER THIS SECTION, IN ADDITION TO ALL OTHER ACTIONS PROVIDED FOR IN THIS ARTICLE AND WITHOUT PREJUDICE THERETO, THE BOARD MAY ENTER AN ORDER REQUIRING SUCH PERSON TO CEASE AND DESIST FROM VIOLATING THIS SECTION OR SUCH RULE OR REGULATION AND, IN ADDITION, MAY REQUEST THAT AN ACTION BE BROUGHT ON RELATION OF THE PEOPLE OF THE STATE OF COLORADO BY THE ATTORNEY GENERAL OR BY THE DISTRICT ATTORNEY OF THE DISTRICT IN WHICH THE VIOLATION IS ALLEGED TO HAVE OCCURRED, TO ENJOIN SUCH PERSON FROM ENGAGING IN OR CONTINUING SUCH VIOLATION OR FROM DOING ANY ACT IN FURTHERANCE THEREOF. IN ANY SUCH ACTION, AN ORDER OR JUDGMENT MAY BE ENTERED AWARDING SUCH PRELIMINARY OR FINAL INJUNCTION AS MAY BE DEEMED PROPER.

SECTION 4.  12­58­106.5, Colorado Revised Statutes, is amended to read:

12­58­106.5.  Unauthorized use of title of plumbing contractor. (1)  No person shall advertise in any manner that such person is a plumbing contractor or use the title or designation of plumbing contractor unless such person meets the definition of plumbing contractor set out in section 12­58­102 (7).

(2)  IF THE BOARD HAS REASONABLE CAUSE TO BELIEVE THAT ANY PERSON IS VIOLATING ANY PROVISION OF THIS SECTION OR ANY LAWFUL RULE OR REGULATION ISSUED UNDER THIS SECTION, IN ADDITION TO ALL OTHER ACTIONS PROVIDED FOR IN THIS ARTICLE AND WITHOUT PREJUDICE THERETO, THE BOARD MAY ENTER AN ORDER REQUIRING SUCH PERSON TO CEASE AND DESIST FROM VIOLATING THIS SECTION OR SUCH RULE OR REGULATION AND, IN ADDITION, MAY REQUEST THAT AN ACTION BE BROUGHT ON RELATION OF THE PEOPLE OF THE STATE OF COLORADO BY THE ATTORNEY GENERAL OR BY THE DISTRICT ATTORNEY OF THE DISTRICT IN WHICH THE VIOLATION IS ALLEGED TO HAVE OCCURRED, TO ENJOIN SUCH PERSON FROM ENGAGING IN OR CONTINUING SUCH VIOLATION OR FROM DOING ANY ACT IN FURTHERANCE THEREOF. IN ANY SUCH ACTION, AN ORDER OR JUDGMENT MAY BE ENTERED AWARDING SUCH PRELIMINARY OR FINAL INJUNCTION AS MAY BE DEEMED PROPER.

SECTION 5.  12­58­112, Colorado Revised Statutes, is amended to read:

12­58­112.  Temporary permits. (1)  The board or its authorized agent may issue a temporary permit to engage in the work of a journeyman plumber or a residential plumber to any applicant who has furnished satisfactory evidence to the board that he has the required experience to qualify for the examination, as provided in the rules and regulations promulgated by the board, and who has applied for an examination to entitle him to such license.

(2)  Such permits shall be issued only upon payment of a fee established by the board and may be revoked by the board at any time.

(3)  Any permit issued pursuant to this section shall expire no later than thirty days after the date of the examination for which the applicant has applied or upon written notice by the board of the results of the examination, whichever date is earlier. No permit shall be issued pursuant to this section to any person who has twice previously failed an examination or who has received two temporary permits.

(4)  Notwithstanding the requirements set forth in section 12­58­107 (1), a temporary master permit may be issued to an existing plumbing contractor who has lost the services of his THE PLUMBING CONTRACTOR'S master plumber for completion of a current project underway as long as he THE PLUMBING CONTRACTOR has a journeyman plumber in his THE PLUMBING CONTRACTOR'S full­time employ. This shall only be valid until the next regularly scheduled examination.

SECTION 6. 12­58­114.5 (7), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

12­58­114.5. Inspection ­ application ­ standards. (7) (e)  THE PROGRAM ADMINISTRATOR SHALL COMPILE A REPORT OF ALL REQUESTS FOR REVIEW, AND COMPLAINTS FILED WITH THE PROGRAM ADMINISTRATOR, OR THE BOARD PURSUANT TO THIS SUBSECTION (7). THE REPORT SHALL BE FORWARDED TO THE BOARD FOR REVIEW BY JANUARY 1 OF EACH YEAR. SUCH REPORT SHALL BE A PUBLIC RECORD PURSUANT TO SECTION 24-72-203, C.R.S.

SECTION 7. 12­58­114.5, Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS to read:

12­58­114.5.  Inspection ­ application ­ standards. (1.5)  TWO OR MORE LOCAL GOVERNMENT AUTHORITIES MAY ENTER INTO AN INTERGOVERNMENTAL AGREEMENT TO CREATE A PERMITTING AND INSPECTION PROGRAM AND SHALL NOTIFY THE BOARD OF SUCH AGREEMENT.

(8) (a)  THE STATE PLUMBING INSPECTORS SHALL MAINTAIN RECORDS SETTING FORTH FOR EACH INSPECTION:

(I)  THE DATE THE INSPECTION WAS REQUESTED;

(II)  THE DATE THE INSPECTION WAS SCHEDULED TO OCCUR;

(III)  THE DATE THE INSPECTION WAS CONDUCTED;

(IV)  IF THE INSPECTION OCCURRED ON A DATE OTHER THAN WHEN SCHEDULED, A WRITTEN STATEMENT INDICATING WHY THE INSPECTION DID NOT OCCUR AS ORIGINALLY SCHEDULED.

(b)  THE RECORDS SHALL BE FORWARDED TO THE PROGRAM ADMINISTRATOR WHO SHALL COMPILE A REPORT FOR THE BOARD SETTING FORTH THE NUMBER OF SCHEDULED INSPECTIONS THAT DID AND DID NOT OCCUR AS ORIGINALLY SCHEDULED AS PROVIDED BY A COMPARISON OF SUBPARAGRAPHS (II) AND (III) OF PARAGRAPH (a) OF THIS SUBSECTION (8) AND THE REASONS AS PROVIDED IN SUBPARAGRAPH (IV) OF PARAGRAPH (a) OF THIS SUBSECTION (8).

SECTION 8.  12­58­116 (1) (a), Colorado Revised Statutes, is amended to read:

12­58­116.  Violations ­ penalty. (1)  It is unlawful for any person:

(a)  To violate the provisions of section 12­58­105, unless practicing pursuant to section 12­58­106 12­58­106 (1) or 12­58­113;

SECTION 9.  Appropriation ­ adjustments to the 1998 long bill. (1)  For the implementation of this act, appropriations made in the annual general appropriation act for the fiscal year beginning July 1, 1998, shall be adjusted as follows:

(a)  The appropriation to the department of regulatory agencies, executive director's office, legal services, is increased by seven hundred sixty­eight dollars ($768). Said sum shall be from the division of registrations cash fund.

(b)  The appropriation to the department of regulatory agencies, division of registrations, operating expenses, is increased by two thousand nine hundred twenty­six dollars ($2,926). Said sum shall be from the division of registrations cash fund.

(c)  The appropriation to the department of law is increased by seven hundred sixty­eight dollars ($768), for the provision of legal services to the department of regulatory agencies related to the implementation of this act. Such sum shall be from cash funds exempt received from the department of regulatory agencies, executive director's office, out of the appropriation made in paragraph (a) of this subsection (1).

SECTION 10.  Effective date ­ applicability.  This act shall take effect July 1, 1998, and shall apply to acts occurring on or after said date.

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.