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Wednesday, April 2, 2025

Backflow Device Testing and HB25-1077

In January and February 2025, the Water Quality Control Division (WQCD) provided testimony to the Colorado legislature in support of HB25-1077 that would allow certified cross-connection control technicians to inspect, test, and repair backflow prevention devices as they had up until the 2024 Colorado legislative session. House Bill 24-1344, which became effective on July 1, 2024, included a change that required licensed plumbers to inspect, test, and repair backflow prevention devices. The WQCD received widespread concern from public water systems and certified cross-connection control technicians about the legislation. CDPHE Executive Director Jill Hunsaker Ryan sent a letter to the Colorado State Plumbing Board requesting that the Board prioritize public health by delaying disciplinary actions against certified cross-connection control technicians (who are not licensed plumbers) that test and repair backflow prevention devices, per longstanding practice. The letter also underscored the risk to public health, as it is estimated that approximately 200,000 devices are subject to Regulation 11, but there are only 2,400 certified cross-connection control technicians in Colorado, and only approximately 20% of these certified technicians are also licensed plumbers. An estimated 20% of existing devices fail testing on average, and 80% of new devices fail testing due to remnants such as teflon tape and plumbing putty. Failed devices can allow water systems to become contaminated, which underlines the importance of this overall effort. The State Plumbing Board responded to the request in July 2024 by issuing a temporary enforcement policy to allow the administrative dismissal of complaints against certified cross-connection control technicians until April 1, 2025. In February 2025, the State Plumbing Board extended the temporary enforcement policy until June 1, 2025 (policy statement dated February 26, 2025 at Section 2.4.9).

Amendments to HB25-1077

Two amendments were presented to and passed by the House Committee on Business Affairs & Labor. Amendment L.002 establishes that installations of backflow prevention devices on stand-alone fire suppression systems would not require a licensed plumber. Amendment L.004 requires tagging of devices with certain information when services are performed, starting on July 1, 2025. This requirement applies when licensed plumbers install, test, inspect, repair, or reinstall backflow prevention devices, as well as when certified cross-connection control technicians or licensed plumbers with a cross-connection control technician certificate test or repair a backflow prevention device. The amendment also specifies information that must be included on the tag: the name and contact information for the business, the date the service was provided, a description of the service, and the ASSE or ABPA certification number of the cross-connection control technician. If the certified technician who performed the service is also a licensed plumber, the tag must include the plumber’s license number, along with the plumbing contractor’s registration number or the license number of the master plumber attached to the contractor.

What does this mean for my water system?

Consistent with Section 3 of Amendment L.004, the WQCD does not intend to perform inspections or enforce the tagging requirements. WQCD Field Services inspectors frequently observe testing tags on backflow devices while conducting sanitary surveys; however, we also recognize that tags can be removed or fall off. Upon HB25-1077 becoming law, CDPHE encourages water systems to check that the licensed plumbers and certified cross-connection control technicians are complying with the tagging requirement as they have their own devices in water treatment plants and other facilities serviced. 

What happens next?

HB25-1077 was signed into law by Governor Polis on March 28, 2025 and the bill can be seen here. This is a major win for safe drinking water in Colorado. Water suppliers are encouraged to continue to implement their Backflow and Cross Connection Control Programs (BPCCC) utilizing certified cross-connection control technicians to test and repair devices to ensure they are protecting the public. For any questions or concerns about BPCCC please email our Field Services team at cdphe_wqcd_fss_questions@state.co.us. Thank you for all your efforts to protect public health!

➽Heather Young, PE, CWP, Field Services Section Manager