Colorado Legislation Impacting Professional Engineers - Legislation in Colorado Impacting Professional Engineers

Bills recently signed into law impact the engineering profession

By: Ryan Malone
Published: 10/14/2022

The following bills were recently signed into law and affect professional engineers.

On May 17, 2022, Gov. Jared Polis signed HB22-1242 Regulate Tiny Homes Manufacture Sale And Install. The law, which takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly, includes requirements for the installation of manufactured homes, contract and disclosure requirements, and the registration, escrow, reimbursement, bonding, and inspections of the manufacturers, installers, and sellers. In addition, the state housing board (housing board) sets standards for the proper manufacture and installation of manufactured homes. The housing board consults with an advisory committee when promulgating rules.

The bill adds tiny homes, which are typically manufactured, to this regulation on substantially similar terms. This includes adding 2 representatives of the tiny home industry to the advisory committee. The housing board is given the duty to regulate foundations for manufactured homes, tiny homes, and factory-built structures where no construction standards otherwise exist. Manufacturers are required to meet bonding and escrow requirements and standards are set for payment from the bond or escrow account.

In addition to adding tiny homes to these provisions, the bill addresses tiny home regulation in the following manner:

The housing board shall promulgate rules establishing specific standards for tiny homes. When the national or international standard is created, the housing board may use that standard. The housing board may modify these standards as necessary. The housing board shall establish standards for connecting a tiny home to utilities, including water, sewer, natural gas, and electricity.
A local government may require the inspection of a tiny home manufactured before July 1, 2023, if the tiny home is not manufactured in accordance with the housing board's standards; A state electrical inspector or a local government may approve the connection of a tiny home for electric utility service if the tiny home is in compliance with applicable codes and standards for connection for electric utility service.
A state plumbing inspector or a local government may approve the connection of a tiny home for water, gas, or sewer utility service if the tiny home is in compliance with applicable codes and standards for connection for water, gas, or sewer utility service; and Standards are set for promulgating rules governing tiny homes. If a tiny home is approved for connection to utilities through the process described above, the tiny home may be connected to the appropriate utilities. Current law governing the connection to each utility is amended to avoid conflicts with the process established in the bill.

Another important law impacting the professional engineering profession that was recently signed into law includes:

SB22-076 Complaint Occupational License Official Acts, which directs the agency that regulates an occupation to dismiss an anonymous complaint that is lodged against the holder of an occupational license, certification, or registration if the complaint is based on words said or actions taken as:

An elected official of Colorado or a political subdivision of Colorado; or
A member of a board or commission of Colorado or a political subdivision of Colorado.

If the same type of complaint is submitted, but not anonymously, the department is authorized to dismiss the complaint. The subject of the complaint need not respond or provide evidence for the complaint to be dismissed. An exception is added for words said to or actions committed for a specific person when the license, certificate, or registration holder is speaking or acting as a member of the occupation.

Another important law impacting the professional engineering profession that was recently signed into law includes:

SB22-116 Increase Occupational Credential Portability, which takes effect at 12:01 a.m. on the day following the expiration of the 90-day period after final adjournment of the general assembly. SB22-116 amends the existing occupational credential portability law by:

Adding a military occupational specialty and credentials issued by the federal government to the types of occupational credentials that qualify a person for a credential through the program;
Allowing an applicant to meet the requirements for licensure via the program by showing proof of having held their license, certification, registration, enrollment, federal credential, or military occupational specialty for at least one year in another jurisdiction with a scope of practice that is substantially similar to the scope of practice for the relevant profession in Colorado;
Altering the grounds for denial under the program by authorizing the regulator to deny a credential if the applicant lacks substantially equivalent education, in addition to existing grounds for denial; and,
Clarifying that applicants are not required to apply for a credential via the portability program; and Exempting Engineers, Surveyors, and Architects from the program.

On June 8, 2022, Gov. Polis signed HB22-1346 Electrician Plumber Licensing Apprentice Ratio. The law, which takes effect January 1, 2023, authorizes the director of the Division of Professions and Occupations in the Department of Regulatory Agencies to appoint or employ individuals who are licensed or, if not licensed, who demonstrate substantial work experience in the electrical, plumbing, or construction industry to: Conduct compliance checks to ensure compliance with licensing and supervisor-to-apprentice ratio requirements applicable to electricians and plumbers on projects throughout the state; and prioritize for compliance checks projects that provide or will provide critical needs to state residents. The bill also clarifies who is able to apply for an electrical or plumbing permit per the following statutes: Electrical:, Section 12-115-120, and, Plumbing: Section 12-155-120.

Please review the bills or full bill summaries for important additional information.

Other important information is included in the links below.

All bill summaries for businesses and professions under the Division of Professions and Occupations are available on the Colorado Legislative Updates webpage. We encourage licensees to review all Colorado laws and rules that affect their licensure and practice. Questions may be referred to dora_AESBoard@state.co.us

Contact PDHNow and Engineer Educators with any questions regarding your PE license renewal or state licensing requirements. All of our courses are approved for Professional Engineers.