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Colorado Administrative Code
Department 1507 - Department of Public SafetyDivision 1507 - Division of Fire Prevention and Control
Rule 8 CCR 1507-11 - FIRE SUPPRESSION PROGRAM
Section 8 CCR 1507-11-10 - COMPLAINTS

8 Colo. Code Regs. § 1507-11-10

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Current through Register Vol. 47, No. 20, October 25, 2024
Section 8 CCR 1507-11-10 - COMPLAINTS

This Section concerns the reporting, investigation, and resolution of complaints alleging violation of any provision of 24-33.5-1206 through 1206.7 C.R.S or these Rules.

10.1 Complaints alleging violation of any provision of C.R.S. 24 33.5 1206.1 through 1206.7, or any Rule adopted by the Division must be filed with the Division's Fire & Life Safety Section Chief.
10.1.1 The Division may act on anonymous complaints or those made by complainants who desire to remain anonymous. However, individuals submitting complaints should be aware that such complaints are public records and may be available to the public for inspection in accordance with the Colorado Public Records Act 24-72-201, C.R.S. et seq.
10.1.2 Individuals or companies certified or registered through the Division in accordance with Sections 3, 4, and 5 of these rules are required to report significant or repeated design or installation deficiencies, other violations of any provision of 24-33.5-1206.1 through 1206.7 C.R.S., or these Rules.
10.1.3 The Fire & Life Safety Section (F&LSS) Chief will investigate or cause to be investigated the information contained in the complaint. If evidence can be found to substantiate that a violation has occurred, the F&LSS Chief will proceed pursuant to Sections 10.2 through 10.7.
10.1.4 If the investigation identifies evidence of fraud or other criminal activity, a case will be referred to the law enforcement agency(ies) having jurisdiction. Referral does not prevent the Division from pursuing action under these Rules.
10.1.5 Should the Director determine that it is necessary to conduct a hearing, the Division will utilize the services of the Colorado Division of Administrative Hearings to conduct a hearing in accordance with the Colorado Administrative Procedure Act, 24-1-101, et seq. C.R.S.
10.2 Penalties
10.2.1 The F&LSS Chief may assess a penalty and/or fine for any conduct determined, after investigation, to constitute a violation of these Rules.
10.2.2 Any assessed penalty and/or and fine will be in addition to any other civil or criminal penalties that may be prescribed by a court of competent jurisdiction.
10.2.3 Nothing in these Rules should be construed to understand that penalties must follow progressive discipline.
10.3 Warnings
10.3.1 A Warning may be issued to individuals and/or companies for a single, substantiated, violation of these rules which, in the opinion of the F&LSS Chief, does not rise to the level of a significant violation.
10.3.2 Examples of violations which may lead to a warning (list is not exclusive):
1. Failure to provide registration or certification number on documents as required in Sections 6 through 8;
2. Failure of a Sprinkler Fitter to maintain a copy of his or her registration on the job site;
3. Operating with an expired certification or registration (within the grace period).
10.3.3 Warnings will be delivered by e-mail to the address provided on the certification or registration application.
10.3.4 Warnings issued to Sprinkler Fitters or Fire Suppression Systems Inspectors will be copied to the registered contractor or local AHJ for which they work.
10.3.5 E-mailed warnings will be sent with a delivery receipt requested.
10.4 Letters of Admonition
10.4.1 A Letter of Admonition will be issued for a single, substantiated violation which, in the opinion of the F&LSS Chief, constitutes a significant violation but which does not constitute a threat to public health, safety, or welfare. Letters of Admonition may also be issued to individuals and/or companies receiving multiple warnings during any twelvemonth period.
10.4.2 Examples of violations which may lead to a letter of admonishment (list is not exclusive):
1. Receiving more than one warning during any twelve-month period;
2. Failure to report significant or repeated design or installation deficiencies as required by Sections 6.5, 7.5, or 8.3;
3. Operating with an expired certification or registration (outside of the grace period).
10.4.3 Nothing will be construed to require subsequent violations be related to the nature of the previous violation.
10.4.4 Letters of Admonition will be delivered by certified mail to the address provided on the certification or registration application.
10.4.5 Letters of Admonition issued to Sprinkler Fitters or certified Fire Suppression System Inspectors will be copied to the registered contractor or local AHJ for which they work.
10.5 Suspensions
10.5.1 The suspension of a registration or certification shall be conducted in accordance with the provisions of the Colorado Administrative Procedure Act, Section 24-4-101, et seq., C.R.S. A registration or certification may be suspended for a single, substantiated violation of these rules which, in the opinion of the F&LSS Chief, constitutes a serious violation but which does not constitute a serious threat to public health, safety, and welfare. Suspensions will also be issued to individuals and/or companies for repeated violations as indicated in Sections 10.3 and 10.4.
1. Individuals or companies not currently certified or registered through the Division in accordance with Sections, 3, 4, and 5 of these rules but operating in violation of these rules may be subject to denial of their application for certification or registration.
10.5.2 Examples of violations which might lead to suspension or denial (list is not exclusive):
1. Receiving a warning subsequent to receiving of a Letter of Admonition during the prior twelve-month period;
2. Failure or refusal to stop work or leave a job site upon request of the certified inspector;
3. Failure to notify the Division of any changes that may affect the person's current registration or certification status;
4. Employment of non-registered Sprinkler Fitters by a registered contractor;
5. Expiration of a required, qualifying document or examination during the registration or certification period.
10.5.3 Nothing will be construed to require subsequent violations to be related to the nature of previous violations.
10.5.4 Notices of suspension will be issued as Letters of Admonition in accordance with Section 10.4. and in accordance with the Colorado Administrative Procedure Act.
10.5.5 Suspensions or denials will be for a reasonable period established by the Director of the Division of Fire Prevention & Control.
10.5.6 Any violation which, in the opinion of the F&LSS Chief, constitutes a serious threat to public health, safety, or welfare will result in immediate suspension or denial of a registration or certification pending a revocation hearing pursuant to Sections 10.6.
10.6 Revocations
10.6.1 The revocation of a registration or certification shall be conducted in accordance with the provisions of the Colorado Administrative Procedure Act, Section 24-4-101, et seq., C.R.S. A registration or certification may be revoked for a single, substantiated violation of these rules which, in the opinion of the Director, constitutes a serious threat to public health, safety, and welfare. Registrations or certifications may also be revoked for repeated violations of Sections 10.3 through 10.5.
1. Individuals or companies not currently certified or registered through the Division in accordance with Sections, 3, 4, and 5 of these rules but operating in violation of these rules may be subject to denial of their application for certification or registration.
10.6.2 Examples of violations which might lead to revocation or denial (list is not exclusive):
1. Receiving a Letter of Admonition subsequent to a suspension within the prior twelve-month period;
2. Fraud or material deception in obtaining or renewing a registration or certification;
3. Professional incompetence as manifested by poor, faulty, or dangerous workmanship;
4. Engaging in conduct that is likely to deceive, defraud, or harm the public in the course of professional services or activities;
5. Negligently performing any services regulated by the Division;
6. Retaliation by a certified inspector against a complainant;
7. Using another individual's or company's credentials to obtain or perform work regulated by these rules.
10.6.3 Nothing will be construed to require subsequent violations to be related to the nature of previous violations.
10.6.4 Notices of revocation or denial will be issued as Letters of Admonition in accordance with Section 10.4.
10.6.5 Revocations or denials will be for a period as determined by the administrator up to and including a permanent revocation.
10.6.6 All revocations or denials will result in immediate suspension of a registration or certification pending a revocation or denial hearing pursuant to the Colorado Administrative Procedure Act.
10.7 Fines
10.7.1 In addition to the penalties identified Sections 10.4 through 10.6 , the F&LSS Chief may assess a fine for any conduct determined to constitute a violation of these Rules. The fines will be as follows:
1. A letter of admonition or suspension may be subject to a fine of not less than $100 and not more than $1,000.
2. A revocation will be subject to a fine of not less than $1,000 and not more than $10,000.
3. Any subsequent violation of similar magnitude will be assessed a fine of not less than $1,000 and not more than $10,000 and will be subject to immediate suspension pursuant to a revocation hearing.

8 CCR 1507-11-10

38 CR 15, August 10, 2015, effective 8/30/2015
40 CR 04, February 25, 2017, effective 3/17/2017
42 CR 05, March 10, 2019, effective 3/30/2019
42 CR 17, September 10, 2019, effective 9/30/2019
43 CR 21, November 10, 2020, effective 11/30/2020
45 CR 18, September 25, 2022, effective 10/15/2022