(1) Any plumbing or gas piping installation in any new construction or remodeling or repair, other than manufactured units inspected in accordance with the provisions of part 7 of article 32 of title 24, except for the new construction or remodeling or repair in any incorporated town or city, county, or city and county, or in a building owned or leased or on land owned by a qualified state institution of higher education where the local entity or qualified state institution of higher education conducts inspections and issues permits, must be inspected by a state plumbing inspector. A state plumbing inspector shall inspect any new construction, remodeling, or repair subject to the provisions of this subsection (1) within three working days after the receipt of the application for inspection. Prior to the commencement of any plumbing or gas piping installation, the person making the installation shall apply for a permit and pay the required fee. Every mobile home or movable structure owner shall have the plumbing and gas piping hookup for the mobile home or movable structure inspected prior to obtaining new or different plumbing or gas service. A qualified state institution of higher education with a building department that meets or exceeds the minimum standards adopted by the board under this article 155 shall process applications for permits and inspections only from the institution and from contractors working for the benefit of the institution, and shall conduct inspections only of work performed for the benefit of the institution. Each inspection must include a contemporaneous review to ensure that the requirements of section 12-155-108 have been met. A qualified state institution of higher education shall enforce standards that are at least as stringent as any minimum standards adopted by the board.
A state plumbing inspector shall inspect the work performed, and, if the work meetsthe minimum standards set forth in the Colorado plumbing code referred to in section 12-155106, a certificate of approval shall be issued by the inspector. If the installation is disapproved, written notice together with the reasons for the disapproval shall be given by the inspector to the applicant. If the installation is hazardous to life or property, the inspector disapproving it may order the plumbing or gas service thereto discontinued until the installation is rendered safe. The applicant may appeal the disapproval to the board and shall be granted a hearing by the board within seven days after notice of appeal is filed with the board. After removal of the cause of the disapproval, the applicant shall make application for reinspection in the same manner as for the original inspection and pay the required reinspection fee.
(a) All inspection permits issued by the board are valid for a period of twelve months. The board shall close a permit and mark its status as "expired" at the end of the twelvemonth renewal period, except in the following circumstances:
If an applicant makes a showing at the time of application for a permit that the plumbing or gas piping 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.
If the applicant notifies the board prior to the expiration of the twelve-month periodof extenuating circumstances, as determined by the board, during the twelve-month period, the board may extend the validity of the permit for a period not to exceed six months.
(b) If an inspection is requested by an applicant after a permit has expired or has been cancelled, a new permit must be applied for and granted before an inspection is performed.
Each application, certificate of approval, and notice of disapproval shall contain thename 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 plumbing contractor or licensed plumber and state license number in the case of any plumbing installation, the name of the installer in the case of any liquefied petroleum gas piping installation, the state plumbing inspector, and the inspection fee charged for the inspection. The original of a notice of disapproval and written reasons for disapproval and corrective actions to be taken shall be mailed to the board, and a copy of the notice shall be mailed to the plumbing contractor in the case of any plumbing installation or the installer in the case of any liquefied petroleum gas piping installation, within two working days after the date of inspection, and a copy of the notice shall be posted at the installation site. The 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.
Notwithstanding the fact that any incorporated town or city, any county, or any cityand county in which a public school is located or is to be located has its own plumbing code and inspection authority, any plumbing or gas piping installation in any new construction or remodeling or repair of a public school shall be inspected by a state plumbing inspector.
If an incorporated town or city, county, city and county, or qualified state institutionof higher education intends to commence or cease performing plumbing or gas piping inspections in its respective jurisdiction, or for its buildings owned or leased or on its land, written notice of such intent must be given to the board.
(a) Any person claiming to be aggrieved by the failure of a state plumbing inspector to inspect his or her 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 plumbing inspector or the manner of the inspection. The request may be made by the person's authorized representative and shall be in writing.
Upon the filing of the request, the program administrator shall cause a copy thereofto be served upon the state plumbing inspector complained of, together with an order requiring the inspector to answer the allegations of the request within a time fixed by the program administrator.
If the request is not granted within ten days after it is filed, it may be treated asrejected. 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 relied upon.
Any hearing before the board shall be held pursuant to the provisions of section 24-4105.
If an incorporated town or city, county, city and county, or qualified state institutionof higher education intends to commence or cease performing plumbing inspections in its jurisdiction or for the buildings owned or leased by or on land of a qualified state institution of higher education, it shall commence or cease the same only as of July 1 of any year, and written notice of intent must 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 plumbing inspectors is required within the respective jurisdiction or building affected by the notice requirement, the respective local government or qualified state institution of higher education of the respective jurisdiction or building requiring inspections shall reimburse the board for any expenses incurred in performing inspections, in addition to transmitting the required permit fees.
A qualified state institution of higher education may choose not to require fees aspart of the permitting process. A documented permitting and inspection system must be instituted by each qualified state institution of higher education as a tracking system that is available to the board for the purpose of investigating any alleged violation of this article 155. The permitting and inspection system must include information specifying the project, the name of the inspector, the date of the inspection, the job site address, the scope of the project, the type of the inspection, the result of the inspection, the reason and applicable code sections for partially passed or failed inspections, and the names of the contractors on the project who are subject to inspection.
(a) An inspector performing an inspection for the state, an incorporated town or city, county, city and county, or qualified state institution of higher education, referred to in this subsection (10) as an "inspecting entity", shall verify compliance with this article 155.
(b) (I) Inspections performed by an inspecting entity must include, for each project, a contemporaneous review to ensure compliance with sections 12-155-108 and 12-155-124. A contemporaneous review may include a full or partial review of the plumbers and apprentices working at a job site being inspected.
To ensure that enforcement is consistent, timely, and efficient, each inspecting entityemploying inspectors shall develop standard procedures to advise its inspectors on how to conduct a contemporaneous review. An inspecting entity's standard procedures need not require a contemporaneous review for each inspection of a project, but the procedures must preserve an inspector's ability to verify compliance with sections 12-155-108 and 12-155-124 at any time. Each inspecting entity's procedures must include provisions that allow for inspectors to conduct occasional, random, on-site inspections while actual plumbing work is being conducted, with a focus on large commercial and multi-family residential projects permitted by the inspecting entity. Each inspecting entity subject to this subsection (10)(b)(II), including the state, shall post its current procedures regarding contemporaneous reviews in a prominent location on its public website and provide the director with a link to the web page on which the procedures have been posted or, if an inspecting entity does not have a website, provide its current procedures to the director for posting on the board's website.
An inspector may file a complaint with the board for any violation of this article155.
(c) The board shall ensure compliance with this section. If the board determines, as a result of a formal complaint, that an inspecting entity is conducting plumbing inspections that do not comply with this section, the board may issue to the inspecting entity an order to show cause, in accordance with section 12-155-105 (1)(m), as to why the board should not issue a final order directing the inspecting entity to cease and desist conducting plumbing inspections until the inspecting entity comes into compliance to the satisfaction of the board. If the use of state plumbing inspectors is required after the issuance of a final cease-and-desist order pursuant to this subsection (10)(c), the inspecting entity shall reimburse the board for any expenses incurred in performing the inspecting entity's inspections, in addition to transmitting the required permit fees.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1004, § 1, effective October 1; (10) added, (HB 19-1086), ch. 109, p. 404, § 4, effective January 1, 2020.
Editor's note: This section is similar to former § 12-58-114.5 as it existed prior to 2019.