CO Code § 12-155-108 (2021)
2021 Colorado Code|Title 12 - Professions and Occupations|Article 155 - Plumbers|§ 12-155-108. Plumber Must Have License - Registration - Control and Supervision - Rules

     A person shall not engage in or work at the business, trade, or calling of a residential, journeyman, or master plumber in this state until he or she has received a license from the division, upon written notice from the board or its authorized agent, or a temporary permit from the board or its authorized agent; except that a person may practice as a water conditioning contractor if the person is registered pursuant to subsection (4) of this section, as a water conditioning installer if the person is registered pursuant to subsection (5) of this section, or as a water conditioning principal if the person is registered pursuant to subsection (6) of this section.    Nothing in this section limits the ability of a licensed residential, journeyman, or master plumber, a plumbing apprentice, or a registered plumbing contractor to practice within his or her respective area as authorized by this article 155 with regard to water conditioning appliances.         All plumbing apprentices working for plumbing contractors pursuant to this article 155 and all apprentices working under the supervision of any licensed plumber pursuant to section 12-155-124 shall, within thirty days after the date of initial employment, be registered with the board.    The employer of a plumbing apprentice shall be responsible for the apprentice's registration with the board.    No apprentice shall be registered until payment of a registration or registration renewal fee, as determined by the board, has been made.       No person, firm, partnership, corporation, or association shall operate as a plumbing contractor until the contractor has obtained registration from the board. The board shall register a plumbing contractor upon payment of the fee as provided in section 12-155-105 and presentation of evidence that the applicant has complied with the applicable workers' compensation and unemployment compensation laws of this state. 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, who shall be in charge of the supervision of all plumbing work performed by the contractor. A master plumber shall be responsible for no more than one plumbing contractor at a time. The master plumber shall be required to notify the board within fifteen days after his or her termination as a master plumber for that plumbing contractor. The master plumber is responsible for all plumbing work performed by the plumbing contractor. Failure to comply with a notification may lead to suspension or revocation of the master plumber license as provided in section 12-155-113.    Except as specified in subsection (1)(b) of this section, effective April 1, 2016, a person shall not operate as a water conditioning contractor unless the person:   Is currently registered with the board pursuant to this subsection (4) as specified in rules promulgated and forms adopted by the board. The board shall register a water conditioning contractor upon payment of the fee as provided in section 12-155-105 and presentation of evidence that the applicant has complied with the applicable workers' compensation and unemployment compensation laws of this state.    Is, or employs full-time, a water conditioning principal, who shall be responsible for all water conditioning appliance work performed by the contractor.       Except as specified in subsection (1)(b) of this section, effective April 1, 2016, a person shall not engage in or work at the business, trade, or calling of a water conditioning installer unless the person is currently registered with the board pursuant to this subsection (5) as specified in rules promulgated and forms adopted by the board. The board shall register a water conditioning installer upon payment of the fee as provided in section 12-155-105 and submission of proof that the applicant is certified by a national water conditioning association recognized by the board, with the type of certification as specified by the board.      Except as specified in subsection (1)(b) of this section, effective April 1, 2016, a person shall not engage in or work at the business, trade, or calling of a water conditioning principal unless the person is currently registered with the board pursuant to this subsection (6) as specified in rules promulgated and forms adopted by the board. The board shall register a water conditioning principal upon payment of the fee as provided in section 12-155-105 and submission of proof that the applicant is certified by a national water conditioning association recognized by the board, with the type of certification as specified by the board.    A water conditioning principal shall be responsible for no more than one water conditioning contractor at a time. The water conditioning principal shall notify the board within fifteen days after his or her termination as a water conditioning principal for a water conditioning contractor. Failure to provide the notice may lead to suspension or revocation of the water conditioning principal's registration as provided in section 12-155-113.        History. Source: L. 2019: Entire title R&RE with relocations,(HB 19-1172), ch. 136, p. 994, § 1, effective October 1.    Editor's note:   This section is similar to former § 12-58-105 as it existed prior to 2019.   ANNOTATION   Annotator's note. The following annotations include cases decided under former provisions similar to this section.   In the prosecution of one for working as a plumber without a license, the contention that as the ordinance applied to helpers and apprentices as well as master plumbers, it was unconstitutional, is overruled, it appearing that it did not so apply. Evans v. City & County of Denver, 79 Colo. 533 , 247 P. 173 (1926).   Contracts for services by one who is required by statute to have a license to engage in the particular profession, trade, or calling, and who does not have such a license are generally unenforceable. Carter v. Thompkins, 133 Colo. 279 , 294 P.2d 265 (1956).   It is no defense that one charged with the violation of city ordinance concerning the licensing of plumbers was acting as the employee of another. Evans v. City & County of Denver, 79 Colo. 533 , 247 P. 173 (1926).   Although one convicted of working as a plumber without a license was an apprentice of a licensed plumber, it appeared that he worked so independently of his master as to be acting as a journeyman. Evans v. City & County of Denver, 79 Colo. 533 , 247 P. 173 (1926).