Laserfiche WebLink
Board Policy No. 2015-1 <br />Page 3 <br />Moreover, the definition of "directly employed" specifically excludes "independent <br />contractors or subcontractors." Under such an arrangement, the licensed contractor does <br />not pay workers compensation taxes and, the licensed contractor is not liable or otherwise <br />responsible for the work of the unlicensed individual, as an employer would be. <br />Second, an unlicensed individual (who is not "directly employed" by a licensed contractor) <br />is allowed to work on water wells or pumps only if the licensed water well contractor or <br />pump installation contractor personally and continuously directs the on -site work by the <br />unlicensed individual. If the licensed individual personally and continuously directs the <br />work of the unlicensed individual, then the unlicensed individual does not need a license <br />to lawfully construct water wells or install pumping equipment. <br />In sum, a contractual business relationship between an unlicensed individual and licensed <br />water well contractor, alone, does not authorize the unlicensed individual to construct <br />water wells or install pumps under the licensee's license. The unlicensed individual must <br />receive continuous on -site supervision and direction to comply with section 37-91-101 et <br />seq. <br />POLICY <br />Having considered the statutory provisions applicable to the issue, reviewed all material <br />presented, and in furtherance of the policies and purposes of section 37-91-101, et seq., the <br />Board hereby adopts the following policy: <br />1. The Board will not recognize as lawful any operating agreements, business <br />agreements, or any other contractual agreements between a licensed contractor and <br />any individuals not licensed by the Board, where such an agreement purports to <br />authorize the unlicensed individual to construct water wells or install pumping <br />equipment under the license of the licensed individual. <br />2. An unlicensed individual may construct water wells and install pumping equipment <br />only if that individual is a private driller, is directly employed by a licensed <br />contractor, or is directly supervised by a licensed contractor, as those terms are <br />defined in section 37-91-102, C.R.S. <br />Dated this I_ day of January, 2015 <br />Aella-ell <br />heresa Je Dellaport, Chairman <br />Board of E miners of Water Well Construction <br />and Pump Installation Contractors <br />OCTAVE GEORGE BLOUIN; La Veta; THERESA JEHN-DELLAPORT, Golden; JAROD KUNTZ, Sterling; ANDREW M. ROSS, Denver <br />