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Dear Licensee:
The State Plumbing Board wants to remind licensees that water heater installations or replacements in Colorado require a licensed plumber working for a registered plumbing contractor, along with permits and inspections by the authority having jurisdiction, pursuant to state law (Title 12, Article 155, Colorado Revised Statutes).
Specifically, under Section 12-155-106(1), C.R.S., the Board has established the Colorado Plumbing Code within which are Chapter 5 Water Heaters (IPC) and Chapter 28 Water Heaters (IRC), which regulate the installation and replacement of water heaters. By these code adoptions and by definitions from the state statute regulating the practice of plumbing, the installation and replacement of water heaters constitute plumbing and therefore fall under the regulatory authority of the State Plumbing Board.
Section 12-155-106(2), C.R.S. allows local governments (Authorities Having Jurisdiction) to amend the code for their jurisdictions as long as such amendments are at least equal to the minimum requirements set forth in the Colorado Plumbing Code.
By statute and the Colorado Plumbing Code, water heater installation and replacement requires a board-issued plumbing license. Allowing individuals who do not possess a board issued plumbing license to install water heaters and/or allowing individuals or companies to purchase permits to install water heaters who are not registered as plumbing contractors with the plumbing board fail to meet the "minimum requirements" mandated by section 12-155-106(2), C.R.S. and may be subject to board action as described in sections 12-155-106 (l) and (m), C.R.S.
New Plumbing board rule to the 2015 adopted codes were designed to clarify water heater installations; STATE PLUMBING BOARD RULES AND REGULATIONS 3 CCR 720-1
1.2(D)(9) CLARIFICATION OF "DOMESTIC APPLIANCES" REFERENCED IN 12-155-118(6)(A)(I) C.R.S.WATER HEATERS USED TO SUPPLY DOMESTIC HOT WATER TO A RESIDENTIAL OR COMMERCIAL POTABLE WATER SYSTEM ARE NOT EQUIPPED WITH BACKFLOW PREVENTERS. THEREFORE, THEY DO NOT FALL UNDER THE EXEMPTION IN 12-155-118(6)(A)(I), C.R.S.
Other applicable laws are as follows:
12-155-101. Legislative declaration. (1) The general assembly hereby finds that: (a) Improper plumbing can adversely affect the health of the public and that faulty plumbing is potentially lethal and can cause widespread disease and an epidemic of disastrous consequences; (b) To protect the health of the public, it is essential that plumbing be installed by persons who have proven their knowledge of the sciences of pneumatics and hydraulics and their skill in installing plumbing. Consistent with its duty to safeguard the health of the people of this state, the general assembly hereby declares that individuals who plan, install, alter, extend, repair, and maintain plumbing systems should be individuals of proven skill. To provide standards of skill for those in the plumbing trade and to authoritatively establish what shall be good plumbing practice, the general assembly hereby provides for the licensing of plumbers and for the promulgation of a model plumbing code of standards by the State Plumbing Board, and this article is therefore declared to be essential to the public interest.
12-155-103. Definitions. (5)(a) "Plumbing" includes the following items located within the building or extending five feet from the building foundation, excluding any service line extending from the first joint to the property line: All potable water supply and distribution pipes and piping.
A water heater is an inline interruption of potable water supply piping for the purpose of heating the water for washing and cleaning.
12-155-106. Colorado plumbing code - amendments - variances - Colorado fuel gas code.
(1) In accordance with article 4 of title 24, C.R.S., the board shall establish a Colorado Plumbing Code, as defined in section 12-155-103(5). Such code shall represent the minimum standards for installation, alteration, and repair of plumbing equipment and systems throughout the state.
(2) Local governments are permitted to amend the code for their jurisdictions as long as such amendments are at least equal to the minimum requirements set forth in the Colorado plumbing code.
12-155-108. Plumber must have license--registration--control and supervision.
(1)(a) A person shall not engage in or work at the business, trade, or calling of a residential, journeyworker, or master plumber in this state until he or she has received a license from the division of professions and occupations, upon written notice from the board or its authorized agent, or a temporary permit from the board or its authorized agent;
(3) No person, firm, partnership, corporation, or association shall operate as a plumbing contractor until such contractor has obtained registration from the board.
12-155-105. Powers of board - fees - rules.
(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:
(d) Promulgate, adopt, amend, and repeal such rules, not inconsistent with the laws of this state, as may be necessary for the orderly conduct of its affairs and for the administration of this article, pursuant to the provisions of article 4 of title 24, C.R.S.;
(e) In accordance with article 4 of title 24, C.R.S., prescribe, enforce, amend, and repeal rules governing the plumbing systems of all buildings in this state;
(l) Find, upon holding a hearing, that an incorporated town or city, county, city and county, or qualified state institution of higher education fails to meet the minimum requirements of this article if a local inspection authority or qualified state institution of higher education has failed to adhere to the minimum standards required by this article within twelve months after the board has adopted the standards by rule pursuant to this subsection (1);
(m) Issue an order to cease and desist from issuing permits or performing inspections under this article to an incorporated town or city, county, city and county, or qualified state institution of higher education upon finding that the public entity or qualified state institution of higher education fails to meet the minimum requirements of this article under this subsection (1);
(n) Apply to a court to enjoin an incorporated town or city, county, city and county, or qualified state institution of higher education from violating an order issued pursuant to paragraph (m) of this subsection (1).
12-155-118. Exemptions.
(6)(a) Nothing in this article requires a plumbing license, registration, or permit to perform:
(I) The installation, extension, alteration, or maintenance, including the related water piping and the indirect waste piping, of domestic appliances equipped with backflow preventers, including lawn sprinkling systems residential ice makers, humidifiers, electrostatic filter washers, or water heating appliances; building heating appliances and systems; fire protection systems except for multipurpose residential fire sprinkler systems in one-and two - family dwellings and townhouses that are part of the potable water supply; air conditioning installations; process and
industrial equipment and piping systems; or indirect drainage systems not a part of a sanitary sewer system..
This exception is easier to read when broken out by commas as follows:
(6)(a) Nothing in this article requires a plumbing license, registration, or permits to perform:
(I) The installation, extension, alteration, or maintenance, including the related water piping and the indirect waste piping, of domestic appliances equipped with backflow preventers, including:
- lawn sprinkling systems;
- residential ice makers,
- humidifiers,
- electrostatic filter washers, or water heating appliances;
- building heating appliances and systems;
- fire protection systems except for multipurpose residential fire sprinkler systems in one- and two-family dwellings and townhouses that are part of the potable water supply;
- air conditioning installations;
- process and industrial equipment and piping systems; or,
- indirect drainage systems not a part of a sanitary sewer system.
Thank you for your attention to this important matter. Please address any questions to
John Magee
Plumbing Inspector Supervisor
P 303.869.3467
john.magee@state.co.us
AND
James Fernandez
Plumbing Inspector Supervisor
james.fernandez@state.co.us
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