HomeMy WebLinkAbout20151401.tiff BEFORE THE WELD COUNTY. COLORADO. PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jordan Jemiola, that the following resolution be introduced for passage by the Weld County
Planning Commission . Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: ORDINANCE 2015-6
PRESENTED BY: FRANK PIACENTINO/TOM PARKO
REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS.
CHAPTER 29 BUILDING REGULATIONS, OF THE WELD COUNTY CODE.
be recommended favorably to the Board of County Commissioners.
Motion seconded by Joyce Smock.
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I . Kristine Ranslem, Recording Secretary for the Weld County Planning Commission. do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on May 5. 2015.
Dated the 5th of May. 2015.
Kristine Ranslem
Secretary
2015- 1401
ARTICLE II •
Code Standards
Sec. 29-2- 10. Standards.
The standards in this Building Code shall be those listed in the standard codes named below,
which are hereby incorporated into and made a part of this Building Code, along with the amendments
noted. Unless otherwise provided in this Building Code, no section of any standard code which deals with
the administration or enforcement of said standard code shall be considered to be incorporated into this
Building Code. Any reference made to the standard codes in this Building Code shall be the same as those
incorporated by reference into this Building Code.
Sec. 29-2-20. International Building Code.
The publication of the International Code Council known as the International Building Code
(IBC), 2012 Edition, excluding Chapters 13 and 27, and including the International Building Code
Appendices (except for the following IBC Appendices: Appendix A; Appendix B; Appendix D;
Appendix E; Appendix F; Appendix G; Appendix H; Appendix K; Appendix L; and Appendix M) are
incorporated by this reference as part of this Building Code for the purpose of establishing standards for
the construction and inspection of dwellings, buildings and structures and the issuance of building permits
in the County, with the following amendments:
A. Delete Section 101 .4.5.
B. Exclude all references to the International Property Maintenance Code and the International Fire
Code.
C. Delete the last sentence of Section 103 .3.
D. Delete Section 105.2. (See Section 29-3-20 of this Chapter.)
E. Delete Section 105.5. (See Section 29-8-40 of this Chapter.)
F. Delete Section 105.6. (See Section 29-8-50 of this Chapter.)
G. Add Section 109.3.4. 1 :
"Wiring methods consisting of materials not eesignec for camp or wet locations s i „ot be
installed in a building or structure until the roof is in place and the building or struc*u�a.e s-c—ied i-n.In
addition, all other electrical components designed for dry locations, such as light fixtures mice
equipment, distribution panels, motors, transformers and related control equipment,-shal���l not-be
insta ec unti tie roof is in p ace and tie bui .c ing or structure is c riec in."
H. Add Section 109.3 .5. 1 :
"Lath or gypsum board inspections shall only be required where multiple layers are installed such
as for fire-rated construction."
I. Add to Section 110. 1 : "Exception: Group U Occupancies."
J. Delete Section 115. (See Section 29-2-80 of this Chapter.)
K. Add the following after the first paragraph of Section 1107.6:
"In addition, all Group R, Division 1 Occupancies shall be provided with dwelling units or guests
rooms accessible to the physically handicapped as specified in Section 9-5- 111 , C.R.S. Compliance
with this law shall be required when alterations, structural repairs or additions are made to such a
building or facility. This requirement shall only apply to the area of specific alteration, structural
repair or addition and shall not be construed to mean that the entire structure or facility is subject to
this application. (Where an apparent conflict appears between the requirements of the 2012 IBC and
other State and Federal regulations, the most restrictive shall apply.)"
Section 9-5-111 , C. R.S., is included below for reference:
"Exemptions for certain privately funded projects. This article does not apply to privately funded
projects for the construction of separate houses designed as single-family residences or to other types
of residential property containing less than seven residential units. For larger residential and transient
accommodation projects, this article shall apply to one unit for seven units or major fraction thereof
as follows:
"Number of Units Units Required to Comply
7 0
8-14 1
15-21 2
22-28 3
29-35 4
36-42 5
etc.
"Separate houses designed as single-family residences shall not include townhouses. Townhouses
shall be considered accessible when the first floor is accessible and contains an accessible bathroom
and a bedroom."
L. Insert "Weld County" and "revised September 22, 1999" in the applicable places in Section 1612.3.
M. Add Section 1805. 1 . 1 :
"All foundations shall be designed by an architect or engineer licensed by the State of Colorado.
Additionally, if a site specific soils report is not provided, an 'open hole' inspection shall be
conducted by an architect or engineer licensed by the State of Colorado. Subsequent to that
inspection, a written letter bearing the architect's or engineer's stamp shall be presented to, and
approved by, the Weld County Building Inspection Department prior to backfilling around the
foundation.
"An architect or engineer licensed by the State of Colorado may perform all foundation, perimeter
drain, and dampproof and concrete encased electrode inspections. If this option is used, setback and
offset distances must first be approved by Weld County Building Inspectors, and a stamped letter
from the architect or engineer must be received and approved by the Weld County Building
Inspection Department prior to any structural inspections on the building. This letter must state that
the architect or engineer did perform the inspections and that the work is consistent with the design
drawings for the foundation."
N. Add Section 1805. 1 . 1 , Exception 5:
"Pole structures that meet the standards set forth by the Weld County Building Inspection
Department shall not be required to meet the requirements of Section 29-2-20.R of the Weld County
Code or have the structure engineered. Drawings for pole structures must be submitted and approved
before the structure is erected and before a building permit is issued. (Drawings are not required for
buildings that qualify as agricultural exempt, as defined in Section 29-3-20.B. 13 of the Weld County
Code.)"
O. Delete the last two (2) sentences of Section 3307. 1 . (Weld County Code Ordinance 2003-11 ;
Weld County Code Ordinance 2006-2; Weld County Code Ordinance 2007-2; Weld County Code
Ordinance 2012-7)
Sec. 29-2-30. International Residential Code.
The publication of the International Code Council, Inc., known as the International Residential
Code (IRC), 2012 Edition, including the International Residential Code Appendices (except for the
following IRC Appendices: Appendix A; Appendix B; Appendix C; Appendix D; Appendix E; Appendix
F; Appendix I; Appendix K; Appendix N; Appendix O; and Appendix P) are incorporated by this
reference as part of this Building Code for the purpose of establishing standards for the construction and
inspection of dwellings, buildings and structures and the issuance of building permits in the County, with
the following amendments:
S. Add Section R401 . 1 . 1 :
"All foundations shall be designed by an architect or engineer licensed by the State of Colorado.
Additionally, if a site-specific soils report is not provided, an 'open hole' inspection shall be
performed by an architect or engineer licensed by the State of Colorado. Subsequent to that
inspection, a written letter bearing the architect's or engineer's stamp shall be presented to and
approved by the Weld County Building Inspection Department prior to backfilling around the
foundation."
"An architect or engineer licensed by the State of Colorado may perform all foundation, perimeter
drain, and dampproof and concrete encased electrode inspections. If this option is used, setback and
offset distances must first be approved by Weld County Building Inspectors, and a stamped letter
from the architect or engineer must be received and approved by the Weld County Building
Inspection Department prior to any structural inspections on the building. This letter must state that
the architect or engineer did perform the inspections and that the work is consistent with the design
drawings for the foundation and complies with this Building Code."
T. Add Section R401 . 1 . 1 Exception 1 :
"The requirements of Section 29-2-30.S of the Weld County Code shall not require an engineered
foundation for an addition to a single-family or two-family dwelling when all of the following
conditions are met:
" 1 . The square footage of the addition does not exceed the square footage of the existing
home.
"2. The height of the addition does not exceed the height of the existing home.
"3. The existing foundation is five or more years old and shows no signs of settling or
structural damage.
"4. The addition foundation shall be the same type and dimensions as the existing foundation.
"5. The foundation of the existing house does not consist of caissons and grade beams or any
other design that would indicate that the original foundation was designed for expansive
conditions.
"6. Reinforcement bar size and placement for the addition foundation shall be according to
2012 IRC Chapter 2 requirements.
U. Add Section R402. 1 . 1 Exception:
"When there is no evidence of unstable or expansive soil conditions, as determined by an open
hole inspection or a soils report, detached garages and accessory buildings no larger than 3,000
square feet with wood framing and no brick or masonry, may use a monolithic foundation with an
eight-inch-thick footing which extends six inches (6") above grade and twelve inches (12") below
grade. Two #4 reinforcement bars shall be installed horizontally along the footing, one four to six
inches above the bottom of the footing. The second is to be installed above grade two inches below
the top of the slab in the thickest portion of the foundation. The slab shall be a minimum of three and
one-half inches (3W') thick. Anchor bolts shall be installed as per Section R403. 1 .6 of the IRC."
V. Add Section R401 . 1 . 1 Exception 5 :
"Pole structures that meet the standards set forth by the Weld County Building Inspection
Department shall not be required to have the structure engineered. Drawings for pole structures must
be submitted and approved before the structure is erected and before a building permit is issued."
W. Delete Section R501 .3 Fire protection of floors.
X. Delete Add Section R905.2.8.5 Drip edge.
Y. Delete Section M1411 .6 Locking access port caps. (Weld County Codification Ordinance 2000-1 ;
Weld County Code Ordinance 2003- 11 ; Weld County Code Ordinance 2007-2; Weld County
Code Ordinance 2009-12; Weld County Code Ordinance 2012-7)
Sec. 29-2-70. National Electrical Code.
The publication of the National Fire Protection Association, known as the National Electrical
Code, 201-14 Edition, NFPA No. 70-2014, is incorporated by this reference as a part of this Building
Code for the purpose of establishing standards for the inspection of electrical installations and issuance of
electrical permits in the County, with the following amendments:
A. Add to NEC Article 110
"Wiring methods consisting of materials not designed for damp or wet locations shall not be
installed in a building or structure until the roof is in place and the building or structure is
dried in. In addition, all other electrical components designed for dry locations, such as light
fixtures, service equipment, distribution panels, motors, transformers and related control
equipment, shall not be installed until the roof is in place and the building or structure is dried
in."
B. Add the following sentence to Article 110. 14(A)
"A listed oxide inhibitor shall be applied to all aluminum connections, splices and
terminations in accordance with the manufacture's requirements."
C. Delete Section 210.64 "Electrical Service Areas"
AD. Amend Section 230.70(A)( 1 ) to read:
"The service disconnecting means shall be installed at a readily accessible location on the outside
of a building or structure."
BE. Add Section 230.70(A), Exception No. 1 :
"The service disconnecting means may be located inside a building or structure at a readily
accessible location if the service disconnecting means is placed back-to-back with the metering
equipment and the total service entrance conductor length does not exceed three feet six inches
measured from the exterior wall of the structure. The service disconnecting means shall also be
located on the ground level."
CF. Add Section 300.5(L):
"All electrical underground wiring located outside a building or structure shall be separated by a
minimum of twelve inches from all other underground utilities, including telephone and cable
television. Such separation may be horizontal or vertical."
DO. Add the following sentence to Section 511 .3(B):
"The areas described in Sections 511 .3(A) and (B) shall also apply to private garages as defined
by the IBC and IRC."
Sec. 29-2-110. Mobile and manufactured home installation standards.
Any mobile or manufactured home located in or relocated within the County shall bear a Housing and
Urban Development (HUD) label and meet the following installation standards. The Building Official may
authorize the use of different materials or methods which will accomplish substantially the same result. The
Bu i Id ing Inspection Department shall be authorized to act as the exclusive inspection agency for the County
pursuant to the Colorado Division of Housing Manufactured Housing Installation Program. Any installation of
a manufactured home in the County shall be performed in strict accordance with the applicable manufacturer's
installation instructions. Where the manufacturer's instructions are not applicable, installation shall be in
accordance with ANSI A225. 1 1994, as amended by the Colorado Division of Housing. A copy of the
manufacturer's instructions or the standards promulgated by the Colorado Division of Housing shall be
available at the time of installation and inspection.
B. Foundations.
1 . Basement or crawlspace foundations and any manufactured structure that requires a Flood
Hazard Development Permit for mobile or manufactured homes shall be designed by an architect or
engineer licensed by the State. Additionally, if a site specific soils report is not provided, an "open
hole" inspection shall be conducted by an architect or engineer licensed by the State. Subsequent to
that inspection, a written letter bearing the architect's or engineer's stamp shall be presented to and
approved by the Building Inspection Department prior to backfilling around the foundation.
2. An architect or engineer licensed by the State may perform all foundation, perimeter drain, and
dampproof and concrete encased electrode inspections. If this option is used, setback and offset
distances must first be approved by Weld County Building Inspectors, and a stamped letter from the
architect or engineer must be received and approved by the Building Inspection Department prior to
any other inspections on the home. This letter must state that the architect or engineer did perform
the inspections and that the work is consistent with the design drawings for the foundation.
3. An engineered foundation is required where unstable or expansive soil conditions are
encountered. Otherwise, it is permissible to use a foundation consisting of block piers and tie-downs.
This foundation shall be according to the manufacturer's installation manual. When a mobile or
manufactured home has been previously set up and the manufacturer's installation manual is no
longer available, the foundation shall meet the standards based on ANSI A225. 1 - 1994.
4. When manufactured homes are required to be permanently installed under the provisions
of Chapter 23 of this Code, they shall be groundset, forming a crawlspace under the home. Dirt
shal I be sloped away from the house at a minimum grade of two percent (2%). Finished grade
against the home shall be a minimum of six (6) inches and a maximum of twelve ( 12) inches
below the exterior siding. The crawlspace shall meet the requirements for ventilation and access
openings as found in Section R408 of the IRC.
Sec. 29-3-110. Permit application.
To obtain a building permit, the applicant shall first file an application on a form furnished by the
Building Inspection Department for that purpose. Every such application shall include:
K. A deposit in tie amount oft free iundrec do ars ($300.00) for a major p an review. A
fifty do lar ceposit wi be requirec for a minor p an review. The ceposit amount may vary bases on tic
comp exity of tie p an review and approva by tie Director or Bui cing Officio . A ceposits are requires
at tie time o' app ication submitta . (We e County Coce Orc inance 2003 1 ; We c County Coce
Ordinance 2007 2; Weld County Code Ordinance 2011 4; Weld County Code Ordinance 2012 7)
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, May 5, 2015
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room , 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Jason Maxey, at 1 : 35 pm .
Roll Call .
Present: Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman,
Terry Cross.
Absent/Excused : Bruce Johnson and Benjamin Hansford .
Also Present: Kim Ogle, Chris Gathman. Diana Aungst and Tom Parko. Department of Planning
Services; Wayne Howard , and Jennifer Petrik, Department of Planning — Engineering Division; Frank
Piacentino, Building Department; Lauren Light and Heather Barbare, Department of Health ; Brad Yatabe,
County Attorney, and Kris Ranslem , Secretary.
Motion: Approve the April 21 , 2015 Weld County Planning Commission minutes, Moved by Joyce Smock,
Seconded by Bruce Sparrow. Motion passed unanimously.
CASE NUMBER: ORDINANCE 2015-1
PRESENTED BY: TOM PARKO
REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 21 AREAS AND ACTIVITIES OF STATE INTEREST AND CHAPTER
23 ZONING, OF THE WELD COUNTY CODE.
Tom Parko, Planning Services, requested a continuance to the June 2, 2015 Planning Commission
hearing to finalize proposed changes. Commissioner Jemiola requested that this case be continued to
the June 16, 2015 Planning Commission hearing due to a large agenda on June 2nd. Mr. Parko agreed to
continue this case to the June 16, 2015 Planning Commission hearing.
The Chair asked if there was anyone in the audience who wished to speak for or against this application .
No one wished to speak.
Motion : Continue Ordinance 2015-1 to the June 16, 2015 Planning Commission hearing, Moved by
Jordan Jemiola, Seconded by Michael Wailes.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes : Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes, Nick Berryman , Terry
Cross.
CASE NUMBER: USR14-0084
APPLICANT: DONALDSON AND COMPANY LLC
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A USE PERMITTED AS A USE BY RIGHT, AN ACCESSORY
USE, OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (OUTDOOR TRUCK STORAGE AND
STAGING), PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN
APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A
MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS
CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE
DISTRICT.
LEGAL DESCRIPTION: LOT B REC EXEMPT RE-5106; BEING PART OF THE W2SW4 OF SECTION
22, T6N , R65W OF THE 6TH P.M. , WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 66 AND EAST OF AND ADJACENT TO
CR 43.
Chris Gathman, Planning Services, stated that the applicants are requesting a continuance to the June
16, 2015 Planning Commission hearing to allow time for the 30 day mineral notification requirement.
1
EXHIBIT
n)
Cheryl Hewitt .Ale-Wftejt-d-k' 614-Lte-ij
From : Tom Parko Jr.
Sent: Wednesday. June 03, 2015 841 AM
To: Esther Gesick Cheryl Hewitt
Cc : Commissioners
Subject: RE: Ordinance 2015-6 Chapter 29 Code changes
Thanks . I think it ' s also important to note that the reason our inspectors are licensed is
because we perform our own inspections . There is no requirement to adopt the NEC , but if we
go down that road the inspectors would no longer be licensed and the State would take over
inspections . I don ' t think we want the State doing inspections in the County ; especially when
it comes to inspecting oil and gas sites . Not to mention , the State doesn ' t have the man -
power to perform the thousands of inspections that we do on an annual basis . Customer service
would go down the tubes .
Tom Parko , M . A .
Director of Planning Services
Weld County Dept . of Planning Services
1555 N . 17th Avenue
Greeley , CO . 80631
Office : 970 - 353 - 6100 , ext 3572
Mobile : 970 - 302 - 5333
Confidentiality Notice : This electronic transmission and any attached documents or other
writings are intended only for the person or entity to which it is addressed and may contain
information that is privileged , confidential or otherwise protected from disclosure . If you
have received this communication in error , please immediately notify sender by return e - mail
and destroy the communication . Any disclosure , copying , distribution or the taking of any
action concerning the contents of this communication or any attachments by anyone other than
the named recipient is strictly prohibited .
Original Message
From : Esther Gesick
Sent : Wednesday , June 03 , 2015 7 : 32 AM
To : Cheryl Hewitt
Cc : Tom Parko Jr . ; Commissioners
Subject : Fwd : Ordinance 2015 - 6 Chapter 29 Code changes
Cheryl ,
Please print this email and attachment and make them an Exhibit scanned in for the Board to
see at the next reading . I ' ve copied them and Tom on this message for prior info . Thanks !
Esther Gesick
Clerk to the Board
Sent from my iPhone
Begin forwarded message :
From : Frank Piacentino < fpiacentino@co . weld . co . us <mailto : fpiacentino@co . weld . co . us > >
Date : June 1 , 2015 at 8 : 21 : 07 AM MDT
To : Esther Gesick < egesick0co . weld . co . us < mailto : egesick@co . weld . co . us > >
1 020 / 5 - 11-/DI
t �1
Subject : Ordinance 21,S - 6 Chapter 29 Code changes
Hi Esther,
At the first reading of Ordinance 2015 - 6 , Commissioners asked , why does the County
need to adopt the 2014 National Electric Code ?
The reason is all of the County ' s electrical Inspectors are required to be licensed by
the State of Colorado Electrical Board and must adhere to the CRS Statutes . I have attached
CRS 12 - 23 - 115 , highlighted B - II - b , that should explain the requirement .
If you have any question , please call or write .
Thanks
FranK Piacentino
Chief Building Official
Weld County Building Inspection
970 - 353 - 6100 Ext 3531
2
r
COLORADO REVISED STATUTES
Title 12
Professions and Occupations
Article 23
Electricians
Effective July 1 . 2010
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1
' { -ter ARTICLE 23 ELECTRICIANS ` r
Table of Contents
12-23- 100.2. Legislative declaration. 1
12-23- 101 . Definitions 1
12-23- 102. State electrical board. 2
12-23- 102.5. Repeal of article. 2
12-23- 103. Board under department of regulatory agencies. 3
12-23- 104. Board powers and duties - rules - repeal 3
12-23- 104.5. Program director 5
12-23- 105. Electrician must have license - control and supervision. 5
12-23- 106. License requirements - rules. 5
12-23- 106.5. Credit for experience not subject to supervision of a licensed electrician. 8
12-23- 107. Unauthorized use of title. 8
12-23- 108. License without written examination. (Repealed) 8
12-23- 109. License by endorsement or reciprocity. 8
12-23- 110. Temporary permits. 9
12-23- 110.5. Apprentices - supervision - registration - discipline. 9
12-23-111 . Exemptions 9
12-23- 112. Fees 13
12-23- 113. Disposition of fees and expenses of board. 14
12-23- 114. Publications. 14
12-23- 115. Inspectors - qualifications. 14
12-23- 116. Inspection - application - standards 15
12-23- 117. Permit fees 18
12-23- 118. Violations - citations - settlement agreements - hearings - fines. 18
12-23- 118. 1 . Reapplication after revocation of licensure 24
12-23- 118.2. Reconsideration and review of board action. (Repealed) 24
12-23- 118.3. Immunity. 24
12-23- 119. Unauthorized practice - penalties. 74
12-23- 120. Judicial review 24
I
6410
ARTICLE 23: ELECTRICIANS
ARTICLE 23
ELECTRICIANS
12-23- 100.2. Legislative declaration.
The general assembly hereby declares that the state electrical board shall be specifically
involved in the testing and licensing of electricians and shall provide for inspections of electrical
installations where local inspection authorities are not providing such service to the standards
required by this article.
12-23-101 . Definitions.
As used in this article, unless the context otherwise requires:
( 1 ) "Apprentice" means a person who is required to be registered as such under section 12-
23- 110.5 (3) (a), who is in compliance with the provisions of this article, and who is working at
the trade in the employment of a registered electrical contractor and is under the direct
supervision of a licensed master electrician, journeyman electrician, or residential wireman.
( 1 .2) "Board" means the state electrical board.
( 1 .3) "Electric light, heat, and power" means the standard types of electricity that are supplied
by an electric utility, regardless of whether the source is an electric utility or the inverter output
circuit of a photovoltaic system or a similar circuit from another type of renewable energy
system, and used and consumed in a real estate improvement or real estate fixture.
(1 .5) "Electrical contractor" means any person, firm, copartnership, corporation, association,
or combination thereof who undertakes or offers to undertake for another the planning, laying
out, supervising, and installing or the making of additions, alterations, and repairs in the
installation of wiring apparatus and equipment for electric light, heat, and power. A licensed
professional engineer who plans or designs electrical installation shall not be classed as an
electrical contractor.
( 1 .7) "Electrical work" means wiring for, installing, and repairing electrical apparatus and
equipment for electric light, heat, and power.
(2) "Journeyman electrician" means a person having the necessary qualifications, training,
experience, and technical knowledge to wire for, install, and repair electrical apparatus and
equipment for electric light, heat, and power, and for other purposes, in accordance with standard
rules governing such work.
(3) "Master electrician" means a person having the necessary qualifications, training,
experience, and technical knowledge to properly plan, lay out, and supervise the installation and
repair of wiring apparatus and equipment for electric light, heat, and power, and for other
purposes, in accordance with standard rules governing such work, such as the national electrical
code.
Effective July 1 , 2010 Page 1 of 24
•ARTICLE 23: ELECTRICIANS
(3.2) "National electrical code" means the code for the safe installation of electrical wiring
and equipment, as amended, published by the national fire protection association and approved
by the American national standards institute, or successor organizations.
(3.5) "Permanent state highway tunnel facilities" means all permanent state highway tunnels,
shafts, ventilation systems, and structures and includes all structures, materials, and equipment
appurtenant to such facilities. Said term includes all electrical equipment, materials, and systems
to be constructed, furnished, and installed as part of the final construction features specified by
the applicable contract plans and specifications or by the national electrical code. For the
purposes of this article and article 20 of title 34, C.R.S., such state highway tunnel facilities shall
be deemed to be mines during the construction of such facilities.
(4) "Residential wireman" means a person having the necessary qualifications, training,
experience, and technical knowledge to wire for, and install, electrical apparatus and equipment
for wiring one-. two-, three-, and four-family dwellings.
(5) Repealed.
12-23- 102. State electrical board.
(1 ) There is hereby established a state electrical board, which shall consist of nine members
appointed by the governor, with the consent of the senate, who shall be residents of the state of
Colorado:
(a) Two members shall be electrical contractors who have masters' licenses;
(b) Two members shall be master or journeymen electricians who are not electrical
contractors;
(c) One member shall be a representative of private, municipal, or cooperative electric
utilities rendering electric service to the ultimate public;
(d) One member shall be a building official from a political subdivision of the state
performing electrical inspections;
(e) One member shall be a general contractor actin ely engaged in the building industry; and
(f) Two members shall be appointed from the public at large.
(2) All members of the board shall serve for three-year terms and all appointees shall be
limited to two full terms each. Any vacancy occurring in the membership of the board shall be
filled by the governor by appointment for the unexpired term of the member. The governor may
remove any member of the board for misconduct, incompetence, or neglect of duty.
12-23-102.5. Repeal of article.
This article is repealed, effective July 1 , 2019. Prior to such repeal, the state electrical board
shall be reviewed as provided for in section 24-34- 104, C. R.S.
Effective July 1 2010 Page 2 of 24
410{ ARTICLE 23 ELECTRICIANS
12-23- 103. Board under department of regulatory agencies.
The state electrical board and its powers, duties, and functions are transferred, effective July
1 , 1978, by a type 1 transfer, as such transfer is defined in the "Administrative Organization Act
of 1968", article 1 of title 24, C.R.S., to the department of regulatory agencies and allocated to
the division of registrations.
12-23-104. Board powers and duties - rules - repeal.
( 1 ) (a) The board, annually in the month of July, shall elect from its membership a chair and
vice-chair. The board shall meet at least annually and at such other times as it deems necessary.
(b) A majority of the board shall constitute a quorum for the transaction of all business.
(2) In addition to all other powers and duties conferred or imposed upon the board by this
article, the board is authorized to:
(a) Adopt, and from time to time revise, such rules and regulations not inconsistent with the
law as may be necessary to enable it to carry into effect the provisions of this article. In adopting
such rules and regulations, the board shall be governed when appropriate by the standards in the
most current edition of the national electrical code or by any modifications to such standards
made by the board after a hearing is held pursuant to the provisions of article 4 of title 24, C.R.S.
These standards are adopted as the minimum standards governing the planning, laying out, and
installing or the making of additions, alterations, and repairs in the installation of wiring
apparatus and equipment for electric light, heat, and power in this state. A copy of such code
shall be kept in the office of the board and open to public inspection. Nothing contained in this
section shall prohibit any city, town, county, or city and county from making and enforcing any
such standards that are more stringent than the minimum standards adopted by the board, and
any city, town, county, or city and county which adopts such more stringent standards shall
furnish a copy thereof to the board. The standards adopted by the board shall be prima facie
evidence of minimum approved methods of construction for safety to life and property. The
affirmative vote of two-thirds of all appointed members of the board shall be required to set any
standards that are different from those set forth in the national electrical code. If requested in
writing, the board shall send a copy of newly adopted standards and rules and regulations to any
interested party at least thirty days before the implementation and enforcement of such standards
or rules and regulations. Such copies may be furnished for a fee established pursuant to section
24-34- 105, C.R.S.
(b) Repealed.
(c) Register apprentices and register and renew the registration of qualified electrical
contractors and examine, license, and renew licenses of journeymen electricians, master
electricians, and residential wiremen as provided in this article;
(d) (I) Administer oaths, take affirmations of witnesses, and issue subpoenas to compel the
attendance of witnesses and the production of all relevant papers, books, records, documentary
evidence, and materials in any hearing, investigation, accusation, or other matter coming before
Effective July 1 . 2010 Page 3 of 24
ARTICLE 23 ELECTRICIANS
the board. The board may appoint an administrative law judge pursuant to part 10 of article 30 of
title 24, C.R.S., to take evidence and to make findings and report them to the board.
(II) Upon failure of any witness to comply with such subpoena or process, the district court
of the county in which the subpoenaed person or licensee resides or conducts business, upon
application by the board or director with notice to the subpoenaed person or licensee, may issue
to the person or licensee an order requiring that person or licensee to appear before the
commission or director; to produce the relevant papers, books, records, documentary evidence,
or materials if so ordered; or to give evidence touching the matter under investigation or in
question. Failure to obey the order of the court may be punished by the court as a contempt of
court.
(e) Cause the prosecution and enjoinder, in any court of competent jurisdiction, of all persons
violating this article and incur necessary expenses therefor. When seeking an injunction, the
board shall not be required to prove that an adequate remedy at law does not exist or that
substantial or irreparable damages would result if an injunction is not granted.
(0 Inspect and approve or disapprove the installation of electrical wiring, renewable energy
systems, apparatus, or equipment for electric light, heat, and power according to the minimum
standards in the national electrical code or as prescribed in this article;
(g) Review and approve or disapprove requests for exceptions to the national electrical code
in unique construction situations where a strict interpretation of the code would result in
unreasonable operational conditions or unreasonable economic burdens, as long as public safety
is not compromised;
(h) Conduct hearings in accordance with the provisions of section 24-4- 105, C.R.S.; except
that the board may appoint an administrative law judge pursuant to part 10 of article 30 of title
24, C.R.S., to conduct such hearings;
(i) Examine persons regulated by the board pursuant to this article for the renewal of a
license or registration. Examination shall be by a brief multiple choice exam to be inc l uded in the
renewal notice process and shall be an open book exam. This paragraph (i) is repealed, effective
January 1 , 2011 .
(j) Enter into reciprocal licensing agreements with the electrical board, or its equivalent, of
another state or states where the qualifications for electrical licensing are substantially equivalent
to licensure requirements in Colorado;
(k) Find, upon holding a hearing, that an incorporated town or city, county, or city and
county fails to meet the minimum requirements of this article if the local inspection authority has
failed to adopt or 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 (2);
(1) Issue an order to cease and desist from issuing permits or performing inspections under
this article to an incorporated town or city, county, or city and county upon finding that the
public entity fails to meet the minimum requirements of this article pursuant to paragraph (k) of
this subsection (2);
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ARTICLE 23 ELECTRICIANS •
(m) Apply to a court to enjoin an incorporated town or city, county, or city and county from
violating an order issued pursuant to paragraph (1) of this subsection (2).
12-23-104.5. Program director.
The director of the division of registrations may appoint a program director pursuant to
section 13 of article XII of the state constitution to work with the board in carrying out its duties
under this article.
12-23- 105. Electrician must hay a license - control and supervision.
( 1 ) No person shall engage in or work at the business, trade, or calling of a journeyman
electrician, master electrician, or residential wireman in this state until the person has received a
license from the division of registrations upon written notice from the board or the program
director, acting as the agent thereof, or a temporary permit from the board, the program director,
or agent of the director.
(2) A residential wireman shall not perform electrical work of a type which is beyond the
authorization of the license held.
12-23- 106. License requirements - rules.
( 1 ) Master electrician. (a) An applicant for a master electrician's license shall furnish
written evidence that:
(I) The applicant is a graduate electrical engineer of an accredited college or university and
has one year of practical electrical experience in the construction industry;
(II) The applicant is a graduate of an electrical trade school or community college and has at
least four years of practical experience in electrical work; or
(III) The applicant has had at least one year of practical experience in planning, laying out,
supervising, and installing wiring, apparatus, or equipment for electric light, heat, and power
beyond the practical experience requirements for the journeyman's license.
(b) Each applicant for a license as a master electrician shall file an application on forms
prepared and furnished by the board, together with the application fee provided in section 12-23-
112 ( 1 ). The board shall notify each applicant that the evidence submitted with the application is
sufficient to qualify the applicant to take the written examination or that the evidence is
insufficient and the application is rejected. In the event that the application is rejected, the board
shall set forth the reasons for the rejection in the notice to the applicant.
(2) Journeyman electrician. (a) An applicant for a journeyman electrician's license shall
furnish written evidence that the applicant has had the following:
(I) At least four years' apprenticeship in the electrical trade or four years' practical experience
in wiring for, installing, and repairing electrical apparatus and equipment for electric light, heat,
and power;
Effective July 1 . 2010 Page 5 of 24
ARTICLE 23. ELECTRICIANS
(II) At least two of the applicant's years' experience required by subparagraph (I) of this
paragraph (a) has been in commercial, industrial, or substantially similar work; and
(III) Effective January 1 , 2011 , during the last four years of training, apprenticeship, or
practical experience in wiring for, installing, and repairing electrical apparatus and equipment for
electric light, heat, and power, at least two hundred eighty-eight hours of training in safety, the
national electrical code and its applications, and any other training required by the board that is
provided by an accredited college or university, an established industry training program, or any
other provider whose training is conducted in compliance with rules promulgated by the board,
in collaboration with established industry training programs and industry representatives.
(b) Any applicant for such license shall be permitted to substitute for required practical
experience evidence of academic training or practical experience in the electrical field, which
shall be credited as follows:
(I) If the applicant is a graduate electrical engineer of an accredited college or university or
the graduate of a community college or trade school program approved by the board, the
applicant shall receive one year of work experience credit.
(II) If the applicant has academic training, including military training, that does not qualify
under subparagraph (I) of this paragraph (b), the board shall provide work experience credit for
such training or for substantially similar training established by rule.
(c) Any application for a license and notice to the applicant shall be made and given as
provided for in the case of a master electrician's license.
(3) Residential wireman. (a) An applicant for a residential wireman's license shall furnish
written evidence that the applicant has at least two years of accredited training or two years of
practical experience in wiring one-, two-, three-, and four-family dwellings.
(b) Any applicant for such license shall be permitted to substitute for required practical
experience evidence of academic training in the electrical field which shall be credited as
follows:
(I) If the applicant is a graduate electrical engineer of an accredited college or university or
the graduate of a community college or trade school program approved by the board, the
applicant shall receive one year of work experience credit.
(II) If the applicant has academic training, including military training, which is not sufficient
to qualify under subparagraph (I) of this paragraph (b), the board shall provide work experience
credit for such training according to a uniform ratio established by rule.
(c) Any residential wireman's license issued under this section shall be clearly marked as
such across its face.
(4) (a) The board shall provide for licensing examinations. Any examination that is given for
master electricians, journeymen electricians, and residential wiremen shall be subject to board
approval. The board, or its designee, shall conduct and grade the examination and shall set the
passing score to reflect a minimum level of competency. If it is determined that the applicant has
Effective July 1 . 2010 Page 6 of 24
• ARTICLE 23: ELECTRICIANS s
passed the examination, the division of registrations, upon written notice from the board or the
program director, acting as an agent thereof, and upon payment by the applicant of the fee
provided in section 12-23- 112, shall issue to the applicant a license that authorizes him or her to
engage in the business, trade, or calling of a master electrician, journeyman electrician, or
residential wireman.
(b) All license and registration expiration and renewal schedules shall be in accord with the
provisions of section 24-34-102, C.R.S. Successful completion of an examination as authorized
in section 12-23- 104 (2) (i) is required as a prerequisite for renewal of a license or registration.
Fees in regard to such renewals shall be those set forth in section 12-23- 112.
(c) Licenses shall be renewed or reinstated pursuant to a schedule established by the director
of the division of registrations within the department of regulatory agencies and shall be renewed
or reinstated pursuant to section 24-34- 102 (8), C.R.S. The director of the division of
registrations within the department of regulatory agencies may establish renewal fees and
delinquency fees for reinstatement pursuant to section 24-34- 105, C.R.S. If a person fails to
renew his or her license pursuant to the schedule established by the director of the division of
registrations, such license shall expire. Any person whose license has expired shall be subject to
the penalties provided in this article or section 24-34- 102 (8), C.R.S.
(d) (I) On or after January 1 , 2011 , the department shall not renew a license unless the
applicant has demonstrated competency through an assessment of competency, which may be
performed by private entities in accordance with rules promulgated by the board.
(II) The board, in collaboration with established industry training programs and industry
representatives, shall adopt rules establishing continuing competency standards. The rules shall
include, but shall not be limited to, the following elements:
(A) Assessment of the knowledge and skills required to renew a license;
(B) The methods to obtain the required knowledge and skills; and
(C) The documentation necessary to demonstrate compliance with this subparagraph (II).
(III) The assessment required by sub-subparagraph (A) of subparagraph (II) of this paragraph
(d) shall provide sufficient information to each licensee to allow the licensee to address any areas
of deficiency. If the licensee fails to demonstrate competency, the license may be renewed if the
licensee provides evidence that the licensee has complied with the requirements of the
continuing competency program.
(5) (a) No person, firm, copartnership, association, or combination thereof shall engage in the
business of an electrical contractor without having first registered with the board. The board shall
register such contractor upon payment of the fee as provided in section 12-23- 112, presentation
of evidence that the applicant has complied with the applicable workers' compensation and
unemployment compensation laws of this state, and satisfaction of the requirements of paragraph
(b) or (c) of this subsection (5).
Effective July 1 . 2010 Page 7 of 24
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ARTICLE 23 : ELECTRICIANS
(b) If either the owner or the part owner of any firm, copartnership, corporation, association,
or combination thereof has been issued a master electrician's license by the division of
registrations and is in charge of the supervision of all electrical work performed by such
contractor, upon written notice from the board or the program director, acting as the agent
thereof, the division shall promptly, upon payment of the fee as provided in section 12-23- 112,
register such licensee as an electrical contractor.
(c) If any person, firm, copartnership, corporation, association, or combination thereof
engages in the business of an electrical contractor and does not comply with paragraph (b) of this
subsection (5), it shall employ at least one licensed master electrician, who shall be in charge of
the supervision of all electrical work performed by such contractor.
(d) No holder of a master's license shall be named as the master electrician, under paragraphs
(b) and (c) of this subsection (5), for more than one contractor, and a master name shall be
actively engaged in a full-time capacity with that contracting company. The qualifying master
license holder shall be required to notify the board within fifteen days after his or her termination
as a qualifying master license holder. The master license holder is responsible for all electrical
work performed by the electrical contracting company. Failure to comply with a notification may
lead to discipline of the master license holder as provided in section 12-23-118.
12-23- 106.5. Credit for experience not subject to supervision of a licensed electrician.
For all applicants seeking work experience credit toward licensure, the board shall give credit
for electrical work that is not required to be performed by or under the supervision of a licensed
electrician if the applicant can show that the particular experience received or the supervision
under which the work has been performed is adequate.
12-23- 107. Unauthorized use of title.
No person, firm, partnership, corporation, or association shall advertise in any manner or use
the title or designation of master electrician, journeyman electrician, or residential wireman
unless qualified and licensed under this article.
12-23- 108. License without written examination. (Repealed)
12-23-109. License by endorsement or reciprocity.
( 1 ) The board shall issue an electrical license by endorsement in this state to any person who
is licensed to practice in another jurisdiction if such person presents proof satisfactory to the
board that, at the time of application for a Colorado license by endorsement, the person possesses
credentials and qualifications that are substantially equivalent to requirements in Colorado for
licensure.
(2) The board shall issue an electrical license by reciprocity where a reciprocal agreement for
an equivalent license exists, pursuant to section 12-23- 104 (2) (j), between the board and the
electrical board, or its equivalent, of the state or states where the applicant is licensed. The board
shall strive to reduce barriers for Colorado licensees to be licensed by endorsement or through
reciprocity in other states.
Effective July 1 . 2010 Page 8 of 24
4 • ARTICLE 23 ELECTRICIANS •
(3) The board may specify by rule what shall constitute substantially equivalent credentials
and qualifications.
12-23-110. Temporary permits.
The board or the program director or the director's agent, as provided in the rules
promulgated by the board, shall issue temporary permits to engage in the work of a master
electrician in cases where an electrical contractor no longer has the services of any master
electrician as required under this article and shall issue temporary permits to engage in the work
of a journeyman electrician or residential wireman to any applicant who furnishes evidence
satisfactory to the board that the applicant has the required experience to qualify for the
examination provided in this article and who pays the fee provided in section 12-23- 112 for such
permits. In addition, and in a similar manner, the board or the program director or the director's
agent shall issue temporary permits to any applicant who furnishes evidence satisfactory to the
board that the applicant qualifies for a master electrician's license and who pays the required fee.
Temporary permits shall continue in effect for no more than thirty days after issuance and may
be revoked by the board at any time.
12-23- 1 10.5. Apprentices - supervision - registration - discipline.
( 1 ) Any person may work as an apprentice but shall not do any electrical wiring for the
installation of electrical apparatus or equipment for light, heat, or power except under the
supervision of a licensed electrician. The degree of supervision required shall be no more than
one licensed electrician to supervise no more than three apprentices at the jobsite.
(2) Any electrical contractor, journeyman electrician, master electrician, or residential
wireman who is the employer or supervisor of any electrical apprentice working at the trade shall
be responsible for the work performed by such apprentice. The board may take disciplinary
action against any such contractor or any such electrician or residential wireman under the
provisions of section 12-23- 118 for any improper work performed by an electrical apprentice
working at the trade during the time of his employment while under the supervision of such
person. The registration of such apprentice may also be subject to disciplinary action under the
provisions of section 12-23- 118.
(3) (a) Upon employing an electrical apprentice to work at the trade, the electrical contractor,
within thirty days after such initial employment, shall register such apprentice with the board.
The employer shall also notify the board within thirty days after the termination of such
employment.
(b) Such apprentice shall be under the supervision of either a licensed electrician or a
residential wireman as set forth in subsection ( 1 ) of this section.
12-23-111. Exem ptions.
( 1 ) Employees of public service corporations, rural electrification associations, or municipal
utilities generating, distributing, or selling electrical energy for light, heat, or power or for
operating street railway systems, or telephone or telegraph systems, or their corporate affiliates
and their employees or employees of railroad corporations, or lawfully permitted or franchised
Effective July 1 2010 Page 9 of 24
40 s ; ARTICLE 23 ELECTRICIANS
cable television companies and their employees shall not be required to hold licenses while doing
electrical work for such purposes.
(2) Nothing in this article shall be construed to require any individual to hold a license before
doing electrical work on his or her own property or residence if all such electrical work, except
for maintenance or repair of existing facilities, is inspected as provided in this article; if,
however, the property or residence is intended for sale or resale by a person engaged in the
business of constructing or remodeling such facilities or structures or is rental property that is
occupied or is to be occupied by tenants for lodging, either transient or permanent, or is generally
open to the public, the owner shall be responsible for, and the property shall be subject to, all of
the provisions of this article pertaining to inspection and licensing, unless specifically exempted
therein.
(3) Nothing in this article shall be construed to require any regular employee of any firm or
corporation to hold a license before doing any electrical work on the property of such firm or
corporation, whether or not such property is owned, leased, or rented: If the firm or corporation
employing any employee performing such work has all such electrical work installed in
conformity with the minimum standards as set forth in this article and all such work is subject to
inspection by the board or its inspectors by request in writing in accordance with subsection ( 14)
of this section; and if the property of any such firm or corporation is not generally open to the
public. No license for such firm or corporation, nor inspection by the board or its inspectors, nor
the payment of any fees thereon shall be required, with the exception of inspection by the board
or its inspectors when performed by written request. Nothing contained in this article shall be
construed to require any license, any inspection by the board or its inspectors, or the payment of
any fees for any electrical work performed for maintenance, repair, or alteration of existing
facilities which shall be exempt as provided in this section.
(4) If the property of any person, firm, or corporation is rental property or is developed for
sale, lease, or rental, or is occupied or is to be occupied by tenants for lodging, either transient or
permanent, or is generally open to the public, then such property of any such person, firm, or
corporation shall be subject to all the provisions of this article pertaining to inspection and
licensing, except for the maintenance, repair, or alteration of existing facilities which shall be
exempt as provided in this section.
(5) Nothing in this article shall be construed to cover the installation, maintenance, repair, or
alteration of vertical transportation or passenger conveyors, elevators, escalators, moving walks,
dumbwaiters, stage lifts, man lifts, or appurtenances thereto beyond the terminals of the
controllers. Furthermore, elevator contractors or constructors performing any installation,
maintenance, repair, or alteration under this exemption, or their employees, shall not be covered
by the licensing requirements of this article.
(6) (a) Nothing in this article shall be construed to require an individual to hold a license
before doing any maintenance or repair of existing facilities on his or her own property or
residence, nor to require inspection by the board or its inspectors, nor to pay any fees connected
therewith.
Effective July 1 . 2010 Page 10 of 24
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11.
4IIj ARTICLE 23: ELECTRICIANS
(b) Nothing in this article shall be construed to require any firm or corporation or its regular
employees to be required to hold a license before doing maintenance or repair of existing
facilities on the property of said firm or corporation, whether or not the property is generally
open to the public; nor shall inspection by the board or its inspectors or the payment of any fees
connected therewith be required.
(c) For the purposes of this subsection (6), "maintenance or repair of existing facilities"
means to preserve or keep in good repair lawfully installed facilities by repairing or replacing
components with new components that serve the same purpose.
(7) to (9) Repealed.
( 10) An individual, firm, copartnership, or corporation may engage in business as an
electrical contractor without an electrician's license if all electrical work performed by such
individual, firm, copartnership, or corporation is under the direction and control of a licensed
master electrician.
( 11 ) Any person who plugs in any electrical appliance where approved electrical outlet is
already installed shall not be considered an installer.
( 12) No provision of this article shall in any manner interfere with, hamper, preclude, or
prohibit any vendor of any electrical appliance from selling, delivering, and connecting any
electrical appliance, if the connection of said appliance does not necessitate the installation of
electrical wiring of the structure where said appliance is connected.
( 13) The provisions of this article shall not be applicable to the installation or laying of metal
or plastic electrical conduits in bridge or highway projects where such conduits must be laid
according to specifications complying with applicable electrical codes.
( 13 .5) Repealed.
( 14) Nothing in this article shall be construed to exempt any electrical work from inspection
under the provisions of this article except that which is specifically exempted in this article, and
nothing in this article shall be construed to exempt any electrical work from inspection by the
board or its inspectors upon order of the board or from any required corrections connected
therewith. However, no fees or charges may be charged for any such inspection except as set
forth in this article, unless request for inspection has been made to the board or its inspectors in
writing, in which case, unless otherwise covered in this article, the actual expenses of the board
and its inspectors of the inspection involved shall be charged by and be paid to the board. The
board is directed to make available and mail minimum standards pertaining to specific electrical
installations on request and to charge a fee for the same, such fee not to exceed the actual cost
involved, and in no case more than one dollar. Requests for copies of the national electrical code
shall be filled when available, costs thereof not to exceed the actual cost to the board.
( 15) Inasmuch as electrical licensing and the examination of persons performing electrical
work is a matter of statewide concern, no examination, certification, licensing, or registration of
electrical contractors, master electricians, journeymen electricians, residential wiremen, or
apprentices who are licensed, registered, or certified under this article shall be required by any
Effective July 1 . 2010 Page 11 of 24
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ARTICLE 23: ELECTRICIANS
city, town, county, or city and county; however, any such local governmental authority may
impose reasonable registration requirements on any electrical contractor as a condition of
performing services within the jurisdiction of such authority. No fee shall be charged for such
registration.
( 16) The provisions of this article shall not be applicable to any surface or subsurface
operation or property used in, around, or in conjunction with any mine which is inspected
pursuant to the "Federal Mine Safety and Health Amendments Act of 1977", Pub.L. 95- 164,
except permanent state highway tunnel facilities, which shall conform to standards based on the
national electrical code. Nothing contained in this subsection ( 16) shall prohibit the department
of transportation from adopting more stringent standards or requirements than those provided by
the minimum standards specified in the national electrical code, and the department of
transportation shall furnish a copy of such more stringent standards to the board.
( 17) (a) The permit and inspection provisions of this article shall not apply to:
(I) Installations under the exclusive control of electric utilities for the purpose of
communication or metering or for the generation, control, transformation, transmission, or
distribution of electric energy, whether such installations are located in buildings used
exclusively for utilities for such purposes or located outdoors on property owned or leased by the
utility or on public highways, streets, or roads or outdoors by virtue of established rights on
private property; or
(II) Load control devices for electrical hot water heaters that are owned, leased, or otherwise
under the control of, and are operated by, an electric utility, and are on the load side of the
single-family residential meter, if such equipment was installed by a registered electrical
contractor. The contractor will notify appropriate local authorities that the work has been
completed in order that an inspection may be made at the expense of the utility company. The
applicable permit fee imposed by the local authorities shall not exceed ten dollars.
(b) This subsection ( 17) does not exempt any premises wiring on buildings, structures, or
other premises not owned by or under the exclusive control of the utility nor wiring in buildings
used by the utility for purposes other than those listed in this subsection (17), such as office
buildings, garages, warehouses, machine shops, and recreation buildings. This subsection ( 17)
exempts all of the facilities, buildings, and the like inside the security fence of a generating
station, substation, control center, or communication facility.
( 18) Nothing in this article shall be construed to cover the installation, maintenance, repair,
or alteration of security systems of fifty volts or less, lawn sprinkler systems, environmental
controls, or remote radio-controlled systems beyond the terminals of the controllers.
Furthermore, the contractors performing any installation, maintenance, repair, or alteration under
this exemption, or their employees, shall not be covered by the licensing requirements of this
article.
(19) Nothing in this article shall be construed to cover the installation, maintenance, repair,
or alteration of electronic computer data processing equipment and systems beyond the terminals
of the controllers. Furthermore, the contractors performing any installation, maintenance, repair,
Effective July 1 , 2010 Page 12 of 24
• ARTICLE 23 ELECTRICIANS ``a
or alteration under this exemption, or their employees, shall not be covered by the licensing
requirements of this article.
(20) Nothing in this article shall be construed to cover the installation, maintenance, repair,
or alteration of communications systems, including telephone and telegraph systems not
exempted as utilities in subsection ( 1 ) of this section, radio and television receiving and
transmitting equipment and stations, and antenna systems other than community antenna
television systems beyond the terminals of the controllers. Furthermore, the contractors
performing any installation, maintenance, repair, or alteration under this exemption, or their
employees, shall not be covered by the licensing requirements of this article.
(21 ) Nothing in this article shall be construed to cover the installation, maintenance, repair,
or alteration of electric signs, cranes, hoists, electroplating, industrial machinery, and irrigation
machinery beyond the terminals of the controllers. Furthermore, the contractors performing any
installation, maintenance, repair, or alteration under this exemption, or their employees, shall not
be covered by the licensing requirements of this article.
(22) Nothing in this article shall be construed to cover the installation, maintenance, repair,
or alteration of equipment and wiring for sound recording and reproduction systems, centralized
distribution of sound systems, public address and speech-input systems, or electronic organs
beyond the terminals of the controllers. Furthermore, the contractors performing any installation,
maintenance, repair, or alteration under this exemption, or their employees, shall not be covered
by the licensing requirements of this article.
(23) Nothing in this article shall be construed to require either that employees of the federal
government who perform electrical work on federal property shall be required to be licensed
before doing electrical work on such property or that the electrical work performed on such
property shall be regulated pursuant to this article.
(24) Nothing in this article shall be construed to require licensing that covers the installation,
maintenance, repair, or alteration of fire alarm systems operating at fifty volts or less.
Furthermore, the contractors performing any installation, maintenance, repair, or alteration under
this exemption, or their employees, shall not be covered by the licensing requirements of this
article but shall be subject to all provisions of this article pertaining to inspections and
permitting.
12-23-112. Fees.
( 1 ) As established pursuant to section 24-34- 105. C.R.S., fees shall be charged by the state
electrical board for the following:
(a) Master electrician's license or permit;
(b) Renewal of master electrician's license;
(c) Journeyman electrician's license or permit;
(d) Renewal of journeyman electrician's license;
Effective July 1 . 2010 Page 13 of 24
46, ARTICLE 23: ELECTRICIANS e
(e) Examination for master electrician;
(f) Examination for journeyman electrician:
(g) Electrical contractor registration;
(h) Renewal of electrical contractor registration;
(i) Residential wireman's license or permit;
(j) Renewal of residential wireman's license;
(k) Examination for residential wireman;
(1) Apprentice registration.
(m) (Deleted by amendment, L. 2010, (HB 10-1225), ch. 198, p. 865, § 16, effective July 1 ,
2010.)
12-23- 113. Disposition of fees and expenses of board.
All moneys collected under this article, except for fines collected pursuant to section 12-23-
118 (7) (a), shall be transmitted to the state treasurer, who shall credit the same pursuant to
section 24-34- 105, C.R.S., and the general assembly shall make annual appropriations pursuant
to said section for expenditures of the board incurred in the performance of its duties under this
article, which expenditures shall be made from such appropriations upon vouchers and warrants
drawn pursuant to law.
12-23-114. Publications.
(1 ) Repealed.
(2) Publications of the board circulated in quantity outside the executive branch shall be
issued in accordance with the provisions of section 24- 1 - 136, C.R.S.
12-23-115. Inspectors - qualifications.
( 1 ) (a) (I) The director of the division of registrations is hereby authorized to appoint or
employ, with the power of removal, competent persons licensed under this article as journeymen
or master electricians as state electrical inspectors. The division director is also authorized to
appoint or employ, with the power of removal, for the purpose of inspecting one-, two-, three-, or
four-family dwellings, competent persons with the following qualifications:
(A) Persons who have passed the written residential wireman's examination described in
section 12-23- 106; or
(B) Persons who have been certified as residential electrical inspectors by a national
certification authority approved by the board and who have furnished satisfactory evidence of at
least two years' practical experience in the electrical inspection of residential dwellings.
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(II) Such inspectors may be employed either on a full-time or on a part-time basis as the
circumstances in each case shall warrant; except that the division director may contract with any
electrical inspector regularly engaged as such and certify him to make inspections in a designated
area at such compensation as shall be fixed by the division director. State electrical inspectors
have the right of ingress and egress to and from all public and private premises during reasonable
working hours where this law applies for the purpose of making electrical i nspections or
otherwise determining compliance with the provisions of this article. In order to avoid conflicts
of interest, a state electrical inspector hired under this section shall not inspect any electrical
work in which such inspector has any financial or other personal interest and shall not be
engaged in the electrical business by contracting, supplying material, or performing electrical
work as defined in this article.
(b) Any employee of a private, municipal, or cooperative electric utility rendering service to
the ultimate public shall be prohibited from employment as an electrical inspector only when in
the performance of any electrical work as defined in this article. Electrical inspectors performing
electrical inspections who are employed by any city, town, county, or city and county shall
possess the same qualifications required of state electrical inspectors under this section, shall be
registered with the board prior to the assumption of their duties, shall not inspect any electrical
work in which such inspector has any financial or other personal interest, and shall not be
engaged, within the jurisdiction employing such inspector, in the electrical business by
contracting, supplying material, or performing electrical work as defined in this article.
(c) Nothing in this article shall be construed to limit any inspector from qualifying as an
inspector in other construction specialties.
(2) Repealed.
(3) State electrical inspectors appointed or employed pursuant to subsection ( 1 ) of this
section may:
(a) Conduct inspections and investigations pursuant to section 12-23- 118 (4) on behalf of the
program director;
(b) Provide service of process for a citation served pursuant to section 12-23- 118 (6) (b) in
compliance with rule 4 of the Colorado rules of civil procedure.
12-23-116. Inspection - application - standards.
( 1 ) (a) An individual required to have electrical inspection under this article shall apply to
the board for an electrical permit, except where an incorporated town or city, county, or city and
county of this state has a building department that meets the minimum standards of this article
and that processes applications for building permits and inspections, in which case the individual
shall apply to such building department.
(b) Upon final inspection and approval by the state electrical inspector, notice shall be issued
by the board to the utility, and the office of the board shall retain one copy of the record of
approval.
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4 • ARTICLE 23: ELECTRICIANS •
(c) A utility shall not provide service to any person required to have electrical inspection
under this article without proof of final approval as provided in paragraph (b) of this subsection
( 1 ); except that service shall be provided in those situations determined by the local electrical
inspection authority, or by the board, whichever has jurisdiction, to be emergency situations for a
maximum period of seven days or until the inspection has been made.
(2) (a) The owner of an electrical installation in any new construction, other than
manufactured units certified by the division of housing pursuant to section 24-32-3311 , C.R.S.,
or remodeling or repair of an existing construction, except in any incorporated town or city,
county, or city and county having its own electrical code and inspection program equal to the
minimum standards as are provided in this article, shall have the electrical portion of the
installation, remodeling, or repair inspected by a state electrical inspector.
(b) A state electrical inspector shall inspect any new construction, remodeling, or repair
subject to this subsection (2) within three working days after the receipt of the application for
inspection. Prior to the commencement of any electrical installation, the person making the
installation shall apply for an electrical permit and pay the required permit fee.
(c) A manufactured home, mobile home, or movable structure owner shall have the electrical
installation for the manufactured home, mobile home, or movable structure inspected prior to
obtaining electric service.
(3) A state electrical inspector shall inspect the work performed, and, if such work meets the
minimum standards set forth in the national electrical code referred to in section 12-23- 104 (2)
(a), a certificate of approval shall be issued by the inspector. If such installation is disapproved,
written notice thereof together with the reasons for such disapproval shall be given by the
inspector to the applicant. If such installation is hazardous to life or property, the inspector
disapproving it may order the electrical service thereto discontinued until such installation is
rendered safe and shall send a copy of the notice of disapproval and order for discontinuance of
service to the supplier of electricity. The applicant may appeal such 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 such disapproval, the applicant shall make application for
reinspection in the same manner as for the original inspection and pay the required reinspection
fee.
(4) The person or inspector making an application, certificate of approval, or notice of
disapproval shall include the name of the property owner, if known, the location and a brief
description of the installation, the name of the electrical contractor and state registration number,
the state electrical inspector, and the fee charged for the permit. The notice of disapproval and
corrective actions to be taken shall be submitted to the board, and a copy of the notice shall be
submitted to the electrical contractor within two working days after the date of inspection. The
inspector shall post a copy of the notice at the installation site. The board shall furnish the forms.
A copy of each application, certificate, and notice made or issued shall be filed with the board.
(5) Nothing in this section shall be construed to require any utility as defined in this article to
collect or enforce collection or in any way handle the payment of any fee connected with such
application.
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• ARTICLE 23 ELECTRICIANS r*
(6) (a) All inspection permits issued by the board shall be valid for a period of twelve
months, and the board shall cancel the permit and remove it from its files at the end of the
twelve-month period, except in the following circumstances:
(I) If an applicant makes a showing at the time of application for a permit that the electrical
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.
(II) If the applicant notifies the board prior to the expiration of the twelve-month period of
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.
(7) Notwithstanding the fact that any incorporated town or city, any county, or any city and
county in which a public school is located or is to be located has its own electrical code and
inspection authority, any electrical installation in any new construction or remodeling or repair of
a public school shall be inspected by a state electrical inspector.
(8) In the event that any incorporated town or city, any county, or any city and county intends
to commence or cease performing electrical inspections in its respective jurisdiction, it shall
commence or cease the same only as of July 1 of any year, and written notice of such intent shall
be given to the board on or before October 1 of the preceding calendar year. If such notice is not
given and the use of state electrical inspectors is required within such notice requirement, the
respective local government of the jurisdiction requiring such inspections shall reimburse the
state electrical board for any expenses incurred in performing such inspections, in addition to
transmitting the required permit fees.
(9) (a) A person claiming to be aggrieved by the failure of a state electrical inspector to
inspect property after proper application or by notice of disapproval without setting forth the
reasons for rejecting the inspection may request the program director to review the actions of the
state electrical inspector or the manner of the inspection. The request may be made by an
authorized representative and shall be in writing.
(b) Upon the filing of such a request, the program director shall cause a copy to be served
upon the state electrical inspector complained of, together with an order requiring the inspector
to answer the allegations of said request within a time fixed by the program director.
(c) If the request is not granted within ten days after it is filed, it may be treated as rejected.
Any person aggrieved by the action of the program director 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.
(d) Any hearing before the board shall be held pursuant to the provisions of section 24-4- 105,
C.R.S.
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( 10) An inspector performing an inspection for the state, an incorporated town or city, a
county, or a city and county may verify compliance with any provision of this article and may
file a complaint with the board for a violation of this article.
12-23-117. Permit fees.
( 1 ) As established pursuant to section 24-34- 105. C.R.S., inspection fees shall be charged by
the board and shall be set and categorized based upon the actual expense of inspecting each type
of electrical installation.
(2) Because electrical inspections are matters of statewide concern, the maximum fees,
established annually, chargeable for electrical inspections by any city, town, county, or city and
county shall not be more than fifteen percent above those provided for in this section, and no
such local government shall impose or collect any other fee or charge related to electrical
inspections or permits.
(3) If an application is not filed in advance of the commencement of an installation, the
inspection fee shall be twice the amount of the inspection fee set by the board pursuant to
subsection ( 1 ) of this section.
12-23- 118. Violations - citations - settlement agreements - hearings - fines.
( 1 ) The board may deny, suspend, revoke, refuse to renew, or issue a letter of admonition in
regard to any license or registration issued or applied for under the provisions of this article, may
place a licensee or registrant on probation, or may issue a citation to a licensee, registrant, or
applicant for licensure for any of the following reasons:
(a) Violation of or aiding or abetting in the violation of any of the provisions of this article;
(b) Violation of the rules and regulations or orders promulgated by the board in conformity
with the provisions of this article or aiding or abetting in such violation;
(c) Failure or refusal to remove within a reasonable time the cause of the disapproval of any
electrical installation as reported on the notice of disapproval, but such reasonable time shall
include time for appeal to and a hearing before the board;
(d) Failure or refusal to maintain or adhere to the mini mum standards set forth in rules and
regulations adopted by the board pursuant to section 12-23- 104 (2) (a);
(e) Any cause for which the issuance of the license could have been refused had it then
existed and been known to the board;
(0 Commitment of one or more acts or omissions that do not meet generally accepted
standards of electrical practice;
(g) Conviction of or acceptance of a plea of guilty or nolo contendere by a court to a felony.
In considering the disciplinary action, the board shall be governed by the provisions of section
24-5- 101 , C.R.S.
(h) Advertising by any licensee or registrant which is false or misleading;
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• ARTICLE 23: ELECTRICIANS IIIlir
(i) Deception, misrepresentation, or fraud in obtaining or attempting to obtain a license;
(j) Failure of a master electrician who is charged with supervising all electrical work
performed by a contractor pursuant to section 12-23- 106 (5) (c) to adequately supervise such
work or failure of any licensee to adequately supervise an apprentice who is working at the trade
pursuant to section 12-23- 110.5;
(k) Employment of any person required by this article to be licensed or registered or to obtain
a permit who has not obtained such license, registration, or permit;
(1) Disciplinary action against an electrician's license or registration in another jurisdiction.
Evidence of such disciplinary action shall be prima facie evidence for denial of licensure or
registration or other disciplinary action if the violation would be grounds for such disciplinary
action in this state.
(m) Providing false information to the board during an investigation with the intent to
deceive or mislead the board;
(n) Practicing as a residential wireman, journeyman, master, contractor, or apprentice during
a period when the licensee's license or the registrant's registration has been suspended or
revoked;
(o) Selling or fraudulently obtaining or furnishing a license to practice as a residential
wireman, journeyman, or master or aiding or abetting therein;
(p) In conjunction with any construction or building project requiring the services of any
person regulated by this article, willfully disregarding or violating:
(I) Any building or construction law of this state or any of its political subdivisions;
(II) Any safety or labor law;
(III) Any health law;
(IV) Any workers' compensation insurance law;
(V) Any state or federal law governing withholdings from employee income, including but
not limited to income taxes, unemployment taxes, or social security taxes; or
(VI) Any reporting, notification, or filing law of this state or the federal government.
2 and (3) (Deleted by amendment, L. 4( ) 9 , p. 36, § 3, effective July 1 , 1994.)
(4) (a) If pursuant to an inspection or investigation by a state electrical inspector the board
concludes that any licensee, registrant, or applicant for licensure has violated any provision of
subsection ( 1 ) of this section and that disciplinary action is appropriate, the program director or
the program director's designee may issue a citation in accordance with subsection (6) of this
section to such licensee, registrant, or applicant.
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• ARTICLE 23 ELECTRICIANS
(b) (I) The licensee, registrant, or applicant to whom a citation has been issued may make a
request to negotiate a stipulated settlement agreement with the program director or the program
director's designee, if such request is made in writing within ten working days after issuance of
the citation that is the subject of the settlement agreement.
(II) All stipulated settlement agreements shall be conducted pursuant to rules adopted by the
board pursuant to section 12-23- 104 (2) (a). The board shall adopt a rule to allow any licensee,
registrant, or applicant unable, in good faith, to settle with the program director to request an
administrative hearing pursuant to paragraph (c) of this subsection (4).
(III) When a complaint or an investigation discloses an instance of misconduct that, in the
opinion of the board, warrants formal action, the complaint shall not be resolved by a deferred
settlement, action, judgment, or prosecution.
(c) (I) The licensee, registrant, or applicant to whom a citation has been issued may request
an administrative hearing to determine the propriety of such citation if such request is made in
writing within ten working days after issuance of the citation that is the subject of the hearing or
within a reasonable period after negotiations for a stipulated settlement agreement pursuant to
paragraph (b) of this subsection (4) have been deemed futile by the program director.
(II) For good cause the board may extend the period of time in which a person who has been
cited may request a hearing.
(III) All hearings conducted pursuant to subparagraph (I) of this paragraph (c) shall be
conducted in compliance with section 24-4- 105, C.R.S.
(d) Any action taken by the board pursuant to this section shall be deemed final after the
period of time extended to the licensee, registrant, or applicant to contest such action pursuant to
this subsection (4) has expired.
(5) (a) The board shall adopt a schedule of fines pursuant to paragraph (b) of this subsection
(5) as penalties for violating subsection ( 1 ) of this section. Such fines shall be assessed in
conjunction with the issuance of a citation, pursuant to a stipulated settlement agreement, or
following an administrative hearing. Such schedule shall be adopted by rule in accordance with
section 12-23- 104 (2) (a).
(b) In developing the schedule of fines, the board shall :
(I) Provide that a first offense may carry a fine of up to one thousand dollars;
(II) Provide that a second offense may carry a fine of up to two thousand dollars;
(III) Provide that any subsequent offense may carry a fine of up to two thousand dollars for
each day that subsection ( 1 ) of this section is violated;
(IV) Consider how the violation impacts the public, including any health and safety
considerations;
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(V) Consider whether to provide for a range of fines for any particular violation or type of
violation; and
(VI) Provide uniformity in the fine schedule.
(c) Repealed.
(6) (a) (I) Any citation issued pursuant to this section shall be in writing, shall adequately
describe the nature of the violation, and shall reference the statutory or regulatory provision or
order alleged to have been violated.
(II) Any citation issued pursuant to this section shall clearly state whether a fine is imposed,
the amount of such fine, and that payment for such fine must be remitted within the time
specified in such citation if such citation is not contested pursuant to subsection (4) of this
section.
(III) Any citation issued pursuant to this section shall clearly set forth how such citation may
be contested pursuant to subsection (4) of this section, including any time limitations.
(b) A citation or copy of a citation issued pursuant to this section may be served by certified
mail or in person by a state electrical inspector or the program director's designee upon a person
or the person's agent in accordance with rule 4 of the Colorado rules of civil procedure.
(c) If the recipient fails to give written notice to the board that the recipient intends to contest
such citation or to negotiate a stipulated settlement agreement within ten working days after
service of a citation by the board, such citation shall be deemed a final order of the board.
(d) (I) The board may suspend or revoke a license or registration or may refuse to renew any
license or registration issued or may place on probation any licensee or registrant if the licensee
or registrant fails to comply with the requirements set forth in a citation deemed final pursuant to
paragraph (c) of this subsection (6).
(II) Upon completing an investigation, the board shall make one of the following findings:
(A) The complaint is without merit and no further action need be taken.
(B) There is no reasonable cause to warrant further action.
(C) The investigation discloses an instance of conduct that does not warrant formal action
and should be dismissed, but the investigation also discloses indications of possible errant
conduct that could lead to serious consequences if not corrected. If this finding is made, the
hoard shall send a confidential letter of concern to the licensee or registrant.
(D) The investigation discloses an instance of conduct that does not warrant formal action but
should not be dismissed as being without merit. If this finding is made, the board may send a
letter of admonition to the licensee or registrant by certified mail.
(E) The investigation discloses facts that warrant further proceedings by formal complaint. If
this finding is made, the board shall refer the complaint to the attorney general for preparation
and filing of a formal complaint.
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(III) (A) When a letter of admonition is sent by certified mail to a licensee or registrant, the
board shall include in the letter a notice that the licensee or registrant has the right to request in
writing, within twenty days after receipt of the letter, that formal disciplinary proceedings be
initiated to adjudicate the propriety of the conduct upon which the letter of admonition is based.
(B) If the request for adjudication is timely made, the letter of admonition is vacated and the
board shall proceed by means of formal disciplinary proceedings.
(IV) (Deleted by amendment, L. 2010, (HB 10- 1225), ch. 198, p. 866, § 18, effective July 1 ,
2010.)
(V) The board shall conduct all proceedings pursuant to this subsection (6) expeditiously and
informally so that no licensee or registrant is subjected to unfair and unjust charges and that no
complainant is deprived of the right to a timely, fair, and proper investigation of a complaint.
(e) The failure of an applicant for licensure to comply with a citation deemed final pursuant
to paragraph (c) of this subsection (6) is grounds for denial of a license.
(f) No citation may be issued under this section unless the citation is issued within the six-
month period following the occurrence of the violation.
(7) (a) Any fine collected pursuant to this section shall be transmitted to the state treasurer,
who shall credit one-half of the amount of any such fine to the general fund, and one-half of the
amount of any such fine shall be shared with the appropriate city, town, county, or city and
county, which amounts shall be transmitted to any such entity on an annual basis.
(b) Any fine assessed in a citation or an administrative hearing or any amount due pursuant to
a stipulated settlement agreement that is not paid may be collected by the program director
through a collection agency or in an action in the district court of the county in which the person
against whom the fine is imposed resides or in the county in which the office of the program
director is located.
(c) The attorney general shall provide legal assistance and advice to the program director in
any action to collect an unpaid fine.
(d) In any action brought to enforce this subsection (7), reasonable attorney fees and costs
shall be awarded.
(8) (a) If it appears to the board, based upon credible evidence as presented in a written
complaint by any person, that a licensee is acting in a manner that is an imminent threat to the
health and safety of the public or a person is acting or has acted without the required license, the
board may issue an order to cease and desist such activity. The order shall set forth the statutes
and rules alleged to have been violated, the facts alleged to have constituted the violation, and
the requirement that all unlawful acts or unlicensed practices immediately cease.
(b) Within ten days after service of the order to cease and desist pursuant to paragraph (a) of
this subsection (8), the respondent may request a hearing on the question of whether acts or
practices in violation of this article have occurred. Such hearing shall be conducted pursuant to
sections 24-4- 104 and 24-4- 105, C.R.S.
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(9) (a) If it appears to the board, based upon credible evidence as presented in a written
complaint by any person, that a person has violated any other portion of this article, then, in
addition to any specific powers granted pursuant to this article, the board may issue to such
person an order to show cause as to why the board should not issue a final order directing such
person to cease and desist from the unlawful act or unlicensed practice.
(b) A person against whom an order to show cause has been issued pursuant to paragraph (a)
of this subsection (9) shall be promptly notified by the board of the issuance of the order, along
with a copy of the order, the factual and legal basis for the order, and the date set by the board
for a hearing on the order. Such notice may be served by personal service, by first-class United
States mail, postage prepaid, or as may be practicable upon any person against whom such order
is issued. Personal service or mailing of an order or document pursuant to this subsection (9)
shall constitute notice thereof to the person.
(c) (I) The hearing on an order to show cause shall be commenced no sooner than ten and no
later than forty-five calendar days after the date of transmission or service of the notification by
the board as provided in paragraph (b) of this subsection (9). The hearing may be continued by
agreement of all parties based upon the complexity of the matter, number of parties to the matter,
and legal issues presented in the matter, but in no event shall the hearing commence later than
sixty calendar days after the date of transmission or service of the notification.
(II) If a person against whom an order to show cause has been issued pursuant to paragraph
(a) of this subsection (9) does not appear at the hearing, the board may present evidence that
notification was properly sent or served upon such person pursuant to paragraph (b) of this
subsection (9) and such other evidence related to the matter as the board deems appropriate. The
board shall issue the order within ten days after the board's determination related to reasonable
attempts to notify the respondent, and the order shall become final as to that person by operation
of law. Such hearing shall be conducted pursuant to sections 24-4- 104 and 24-4- 105, C.R.S.
(III) If the board reasonably finds that the person against whom the order to show cause was
issued is acting or has acted without the required license or has or is about to engage in acts or
practices constituting violations of this article, a final cease-and-desist order may be issued
directing such person to cease and desist from further unlawful acts or unlicensed practices.
(IV) The board shall provide notice, in the manner set forth in paragraph (b) of this
subsection (9), of the final cease-and-desist order within ten calendar days after the hearing
conducted pursuant to this paragraph (c) to each person against whom the final order has been
issued. The final order issued pursuant to subparagraph (III) of this paragraph (c) shall be
effective when issued and shall be a final order for purposes of judicial review.
( 10) If it appears to the board, based upon credible evidence presented to the board, that a
person has engaged in or is about to engage in any unlicensed act or practice, any act or practice
constituting a violation of this article, any rule promulgated pursuant to this article, any order
issued pursuant to this article, or any act or practice constituting grounds for administrative
sanction pursuant to this article, the board may enter into a stipulation with such person.
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( 11 ) If any person fails to comply with a final cease-and-desist order or a stipulation, the
board may request the attorney general or the district attorney for the judicial district in which
the alleged violation exists to bring, and if so requested such attorney shall bring, suit for a
temporary restraining order and for injunctive relief to prevent any further or continued violation
of the final order.
( 12) A person aggrieved by the final cease-and-desist order may seek judicial review of the
board's determination or of the board's final order in a court of competent jurisdiction.
12-23-118.1 . Reapplication after revocation of licensure.
No person whose license has been revoked shall be allowed to reapply for licensure earlier
than two years from the effective date of the revocation.
12-23-118.2. Reconsideration and review of board action. ( Repealed)
12-23- 118.3. Immunity.
Any member of the board, any member of the board's staff, any person acting as a witness or
consultant to the board, any witness testifying in a proceeding authorized under this article, and
any person who lodges a complaint pursuant to this article shall be immune from liability in any
civil action brought against him or her for acts occurring while acting in his or her capacity as
board member, staff, consultant, or witness, respectively, if such individual was acting in good
faith within the scope of his or her respective capacity, made a reasonable effort to obtain the
facts of the matter as to which he or she acted, and acted in the reasonable belief that the action
taken by him or her was warranted by the facts. Any person participating in good faith in lodging
a complaint or participating in any investigative or administrative proceeding pursuant to this
article shall be immune from any civil or criminal liability that may result from such
participation.
12-23- 119. Unauthorized practice - penalties.
( 1 ) Repealed.
(2) Any person who practices or offers or attempts to practice the profession of an electrician
without an active license issued under this article commits a class 2 misdemeanor and shall be
punished as provided in section 18- 1 .3-501 , C.R.S., for the first offense, and, for the second or
any subsequent offense, the person commits a class 6 felony and shall be punished as provided in
section 18- 1 .3-401 , C.R.S.
12-23- 120. Judicial review.
The court of appeals shall have initial jurisdiction to review all final actions and orders of the
board that are subject to judicial review. Such proceedings shall be conducted in accordance with
section 24-4- 106 ( 11 ), C.R.S.
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