Chapter 2 - § 2.4 • CONTRACTOR LICENSING LAW
| Jurisdiction | Colorado |
§ 2.4.1-Introduction
Colorado does not have a comprehensive statutory scheme that governs the licensing of general contractors. Rather, with the exception of licensing by the state of certain "specialty" contractors,131 the registration and licensing of general contractors is left to the numerous jurisdictions throughout the state, including counties, cities, and towns. Some jurisdictions have regional building departments that serve both a county and one or more cities and towns within them. Based upon the hodgepodge that exists with respect to the licensure of general contractors in Colorado, a comprehensive explanation of the various license requirements is impossible to provide. Rather, only general comment is possible.
The Colorado Chapter of the Associated General Contractors (AGC) does not maintain records of the various license requirements imposed throughout the state. Therefore, any contractor wishing to do business in Colorado must carefully determine who the governing licensing authority is, if any, and comply with its requirements. Generally, the governing licensing authority for a county is such county's building department. Licensing information for the major counties and municipalities in Colorado may be found at each county's or municipality's website.132
Colorado has established a sunrise review process to evaluate all proposed new regulations of trades prior to enacting laws for such regulations.133 The Department of Regulatory Agencies (DORA) conducts the review.134 In 2008, DORA performed sunrise reviews for proposed regulation of interior designers and photovoltaic solar electric installers. In both instances, DORA recommended against the proposed regulations for various reasons, including the fact that the proposed regulations did not satisfy the first criterion of the sunrise review - whether regulation is necessary to protect the public from harm.
§ 2.4.2-Contractor Defined
Because contractors are not licensed by the State of Colorado, the definition of contractor must be determined by reference to the building codes of the individual licensing jurisdictions. Some jurisdictions require the payment of a fee and proof of certain types of insurance. Other jurisdictions allow for reciprocity on an ad hoc basis, depending on by whom the contractor is currently licensed.
§ 2.4.3-Specialty Contractors
While the state does not license general contractors, it does license plumbers,135 electricians,136 and water well construction and pump installation contractors,137 and certifies asbestos abatement contractors.138 Thus, unlike the situation for general contractors, less uncertainty exists with respect to licensing these trades. The state's licensing of electricians and certification of asbestos abatement contractors preempts local jurisdictions from imposing additional licensing requirements.139 However, the statute governing licensing of plumbers specifically allows municipalities and counties to provide for the licensing of plumbing contractors.140 Like the statutes that provide for the licensing of architects and engineers, the statutes that govern the licensing of plumbers, electricians, and water well construction and pump installation contractors, and the certification of asbestos abatement contractors follow the same general contours.
Licensing of plumbers is conducted by the Examining Board of Plumbers;141 the licensing of electricians by the State Electrical Board;142 and the certification of asbestos abatement contractors by the Air Quality Control Commission, a division of the Colorado Department of Public Health and Environment.143 The licensing of water well construction and pump installation contractors is conducted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors.144 Typically, licensing requires a combination of experience and examination. Different licenses are available, certain exemptions apply, and discipline may be imposed for various transgressions. A brief overview of the licensing of plumbers, electricians, and water well construction and pump installation contractors, and the certification of asbestos abatement contractors is provided below.
Plumbers
Generally, no person in Colorado may do "plumbing" work without being a licensed "journeyman plumber,"145 "master plumber,"146 or "residential plumber."147 In order to act as a "plumbing contractor," "the person, firm, partnership, corporation, association, or other organization must either be or employ full-time a master plumber."148 Plumbing apprentices must also be registered with the board by their employers.149 Licensing is typically by examination; however, it can be done by endorsement.150 A minimum level of experience is required in order to be licensed as a residential, journeyman, or master plumber, and academic training may be allowed to substitute for practical experience.151 One seeking a license must also complete an application and pay a fee.152 A number of exemptions from licensure exist.153 Finally, any licensee is subject to discipline by the Board.154
Electricians
Different categories of licenses exist for electricians. One may obtain a license as a "master electrician," "journeyman electrician," or "residential wireman" upon completion of an application and examination.155 Apprentices must be registered by their employer.156 Certain minimum experience is required to be eligible to take any licensing examination and academic training may be substituted for some of the practical experience required.157 License by endorsement is also available.158
"No person, firm, copartnership, association, or combination thereof" may act as an electrical contractor without registering with the Board.159 In order to qualify to register as an electrical contractor, any entity must be owned by or employ a master electrician who is in charge of the supervision of all electrical work performed by the contractor.160
As is typically the case with respect to licensing of the various occupations and professions, a number of exemptions exist.161 Finally, any licensee is subject to discipline by the Board for specified violations.162
Water Well Construction and Pump Installation Contractors
One may become a "pump installation contractor,"163 or a "well construction contractor,"164 by completing an application and paying the requisite fee.165 To be eligible for a license, certain requirements must be satisfied, including at least two years of experience in "the type of well construction work or pump installation work for which the applicant is initially applying."166 Once one is licensed for a certain method of well construction or to install one or more types of pumps, he or she may take the examinations for licensure for different methods of well construction or to install different types of pumps without further experience.167 Certain exemptions exist,168 and the Board may impose discipline in varying degrees for specific violations.169
Asbestos Abatement Contractors
One may become a certified asbestos abatement worker, supervisor, building inspector, management planner, or project designer by completing the training, taking an examination, and paying the fees specified by the Air Quality Control Commission.170 An entity that conducts asbestos abatement must obtain a general abatement certificate, which will not be issued unless the entity or one of its employees is certified as a trained supervisor.171
Although there are no enumerated "exemptions," the certification requirements do not apply to an individual performing asbestos abatement on his or her own principal residence172 or if the necessary abatement is less than the limits established in the regulations.173
The Division of Administration in the Colorado Department of Public Health and...
To continue reading
Request your trial