Colorado State Plumbing Board Adopts Temporary Enforcement Policy Regarding HB24-1344 Changes 7/17/2024
The Colorado State Plumbing Board (Board) met today, July 17, 2024, to consider the request sent by the Colorado Department of Public Health and Environment (CDPHE) to use its statutory discretion and not issue disciplinary actions until such time as the implementation process for House Bill 24-1344 has been fully completed.
CDPHE expressed concerns that enforcing the new licensure requirements of HB24-1344 before implementation and rulemaking can take place will reduce the available number of certified cross-connection control technicians and negatively affect water providers’ ability to ensure the potable water supply is protected from the potential spread of disease. The Board found that these concerns are warranted and determined that a temporary enforcement policy is necessary to ensure consumer protection and safeguard the health of the people of Colorado. The Board provided delegated authority to the Program Director to administratively dismiss complaints against certified cross-connection control technicians and send an informal letter to the Respondent (the person or entity the complaint is against) letting them know about the new requirements. This delegation will remain in place until April 1, 2025.
The Board must engage in the rulemaking process in order to implement these legislative changes. Rulemaking includes a stakeholder engagement process where members of the public will be able to provide comments related to the legislation. That implementation process will take place in the coming months and the law will not fully be implemented until April 2025. To sign up to receive notifications of rulemaking and stakeholder input opportunities, please fill out this form.
The Board’s next regular meeting will take place Wednesday, August 28, 2024, at 9 a.m. An agenda and link to join this meeting will be posted prior to the meeting at https://dpo.colorado.gov/
For questions related to the Plumbing Practice Act, please contact: dora_plumbingboard@
For questions on backflow prevention, please contact: cdphe_wqcd_fss_
Updated Message Regarding HB24-1344 Changes 6/10/2024
The Colorado State Plumbing Board met today, July 10, 2024, to consider recent changes in statute related to House Bill 24-1344 (HB24-1344), including the Plumbing Practice Act and the Water Quality Control Commission's Regulation 11.
House Bill 24-1344 made a number of updates to the Plumbing Practice Act. Most significantly, amendments added to HB24-1344 during the legislative process now permit only licensed plumbers to install, inspect, test, repair, and remove backflow prevention devices. This change was not included in the recommendations in the sunset report prepared by the Department of Regulatory Agencies (DORA). The purpose of the emergency meeting was to consider to what extent backflow devices are subject to Colorado Department of Public Health and Environment (CDPHE) regulations and are not subject to the Plumbing Practice Act. Additionally, DORA and CDPHE have received general inquiries from the public and industry about the technical aspects of the policy change and the timing and process of implementation.
During the emergency meeting, the Colorado State Plumbing Board passed the following policy (Policy 1.3):
Pursuant to sections 12-155-103(8)(b) and 12-155-118(6), C.R.S., installations, extensions, improvements, remodeling, additions, and alterations in water and sewer systems that might otherwise fall into the definition of plumbing are explicitly exempted from regulation by the Board if they are either (1) owned or acquired by counties, cities, towns, or water and sewer districts or (2) performed by contractors employed by counties, cities, towns, or water and sewer districts that connect to the plumbing system within a property line, but outside of the five-foot from the foundation threshold to the property line established in section 12-155-103(8)(a), C.R.S.
Therefore, the Board finds that the installation, removal, inspecting, testing, and repairing of backflow prevention devices in these circumstances do not fall within the definition of plumbing, are not regulated by the Board, and do not require a license as set forth in section 12-155-118(4), C.R.S.
As part of implementation of this bill, the Board will engage in rulemaking. Rulemaking works to clarify the law. All rulemaking includes a stakeholder process where members of the public will be able to provide comments. That implementation process will take place in the coming months and the law will not fully be implemented until early 2025. To sign up to receive notifications of rulemaking and stakeholder input opportunities, please fill out this form.
The Colorado State Plumbing Board will hold an additional emergency meeting in the coming days. During this meeting, the Board will consider additional actions related to this law including CDPHE’s request for the Board’s discretion related to enforcement until the implementation process is complete.
For questions related to the Plumbing Practice Act, please contact: dora_plumbingboard@state.co.us.
For questions on backflow prevention, please contact: cdphe_wqcd_fss_questions@state.co.us.
Joint Message from DORA and CDPHE Regarding HB24-1344 Changes 6/2/2024
House Bill 24-1344 made a number of updates to the Plumbing Practice Act. Most significantly, amendments added to HB24-1344 during the legislative process now permit only licensed plumbers to install, inspect, test, repair, and remove backflow prevention devices. This change was not included in the recommendations in the sunset report prepared by the Department of Regulatory Agencies.
The Colorado Department of Public Health and Environment (CDPHE) and the Department of Regulatory Agencies (DORA) collaborate to ensure safe drinking water in Colorado. Previously, inspection, testing, and repair of backflow prevention devices did not require a licensed plumber, allowing the Plumbing Board’s regulations and CDPHE’s drinking water regulations to coexist. CDPHE requires certified cross-connection control technicians for this work, not licensed plumbers. The departments recognize that an immediate disruption to the previous alignment of the statutory and regulatory framework surrounding backflow prevention devices attached to public water utilities is not in the best interest of public health and water utility compliance. The departments are working together to determine how best to restore alignment in the statutory/regulatory framework as it relates to public water utilities in both the short-term and long-term. On July 10th at 10 a.m., the Colorado State Plumbing Board will hold an emergency meeting to consider to what extent backflow devices are subject to CDPHE regulations and are not subject to changes to the Plumbing Practice Act. Information on joining this meeting is available on the board’s website and additional information on the board’s decision will be sent to this group following the meeting. While those efforts proceed, we suggest that public water systems continue current business processes to protect public health with their backflow prevention programs under the Colorado Primary Drinking Water Regulations.
Other updates in HB 24-1344 include:
- Authorizes the board to discipline plumbers who aid or abet a person in violating the Plumbing Practice Act or other statutes that apply to plumbers;
- Clarifies that the licensed categories of plumbers, plumbing apprentices, and registered plumbing contractors can work on water conditioning systems without being required to register with the board as a water conditioning contractor, principal, or installer;
- Modernizes the term "journeyman" by changing it to "journeyworker" throughout the Plumbing Practice Act, effective July 1, 2025;
- Modifies the license period for licenses issued or renewed on or after March 1, 2027, to be 3 years or as otherwise determined by the Director of the Division of Professions and Occupations in DORA (Director);
- Modifies the grounds for discipline of a licensee regarding habitual or excessive use or abuse of controlled substances or alcohol and removes "substance use disorder" as a ground for discipline; and
- Requires a plumbing contractor to display the plumbing contractor's and attached master plumber's registration information on the plumbing contractor's vehicle or in other locations and makes a plumbing contractor's failure to display the required information grounds for discipline, effective July 1, 2025.
Contacts
For questions related to the Plumbing Practice Act, please contact: dora_plumbingboard@state.co.us
For questions on backflow prevention, please contact: cdphe_wqcd_fss@state.co.us
Electrical, plumbing exams now available in Spanish - Translations part of ongoing efforts to remove regulatory barriers to licensure
PSI Testing Site Relocation
PSI is be relocating the Centennial, CO test center, currently located at 12150 E. Briarwood Ave, Suite 125, Centennial, CO80112 (ATLAS ID 5109). The site will remain at the same address but will be relocating to a different suite on the 2ndfloor, Suite 270. The final day of testing at Suite 125 is scheduled to be Saturday, October 26th. The location will then be closed on October 28-31 for relocation and set up. PSI plans to re-open for testing in Suite 270 on Friday, November 1, 2019.
Consumer Advisory: Be in the Know Before Tackling Home Renovations, Builds
Building a new home? Doing a kitchen or bathroom remodel or renovating a basement? Hiring someone to lead and execute your plan?
Better Business Bureau (BBB) Serving Greater Denver and Central Colorado and Department of Regulatory Agencies (DORA) are teaming up during National Consumer Protection Week to provide helpful advice to reduce the chances of your dream project becoming a nightmare experience. Here are some tips to consider!
Streamlined Plumbing Exam Process
Beginning January 1, 2019, applicants wishing to take the Colorado Plumbing Examination should contact the exam vendor, PSI, directly. The Division of Professions and Occupations (Division) is no longer requiring applicants to be pre-approved for the exam. Applicants may register for the exam on the PSI website on or after January 1, 2019. PSI will permit an applicant to take the Colorado Plumbing Exam after confirming the following:
- The applicant has completed the required PSI registration process.
- The applicant pays the exam registration fee to PSI.
Applicants seeking a Colorado plumbing license must pass the Colorado Plumbing Exam before applying for licensure at the Division. After passing the examination, applicants must complete the application for licensure for the Division of Professions and Occupations and demonstrate that minimum qualifications for licensure set by Colorado law are met. The application for licensure can be found on the State Plumbing Board's website.
The Division of Professions and Occupations (Division) at the Department of Regulatory Agencies will no longer require applicants to be pre-approved for the Colorado Plumbing Exam.
As licensees, educators and other key stakeholders, you have direct contact with the students and professionals who may need to know about this change. We appreciate any efforts you can make to spread the word, so students and professionals know the correct path to licensure and do not encounter unexpected delays. Questions should be directed to Renee Wunsch, Licensing Supervisor at renee.wunsch@state.co.us. Thank you for your assistance.
Permits and Inspections for "Tiny Homes"
The growing popularity of the "Tiny Home" carries with it several non-resolvable issues for individuals purchasing one with the intent of residing in the state of Colorado. The homes contain electrical wiring, plumbing, and fuel gas piping which are all required to be inspected by one of three means listed in the summary below. Tiny Homes built in other states cannot be inspected as required by Colorado statute as the installations are already covered, therefore tiny homes are not eligible for connection to utility services such as electric, water, sewer, or fuel gas.
Summary
Tiny homes:
- are units that are typically 400 square feet of space or less and mounted on a wheeled platform for mobility.
- are constructed at an offsite manufacturing location (mostly out of state).
- contain living areas for cooking and sleeping.
- have electrical wiring and plumbing already installed.
The Colorado Revised Statutes for Electrical and for Plumbing require inspections for all electrical, plumbing, and gas piping installations. These inspections must be conducted by:
- State Electrical or Plumbing Board inspectors, or
- Local Jurisdictional Authority Inspectors, or
- Certification by the Division of Housing pursuant to 24-32-3311 Colorado Revised Statues regulating manufacture/mobile home construction (these units bear a HUD or FHA certification data plate).
Any structure that is built without inspections #1 or #2 above during construction and is not certified by #3 above is not eligible for electrical, plumbing or gas permits, or inspections by state or local jurisdictional permitting agencies by current state law.
Conclusion
All plumbing, fuel gas piping and electrical installations are to be inspected and passed prior to the connection of any utility services. As these units are already finished on the inside, making inspection impossible, "Tiny Homes" are not eligible for connection to utility services.