v. Colorado State Bd. of Plumbing

The summaries of the Colorado Court of Appeals published opinions
constitute no part of the opinion of the division but have been prepared by
the division for the convenience of the reader. The summaries may not be
cited or relied upon as they are not the official language of the division.
Any discrepancy between the language in the summary and in the opinion
should be resolved in favor of the language in the opinion.

SUMMARY
August 27, 2020

2020COA130

No. 19CA1144, Welch v. Colorado State Bd. of Plumbing —
Professions and Occupations — Plumbers — Apprentices;
Constitutional Law — Due Process

A division of the court of appeals considers whether section

12-58-117, C.R.S. 2018, repealed and replaced by section 12-155-

124, C.R.S. 2019, of the Plumbing Practice Act is unconstitutionally

vague and, in doing so, applies principles of statutory construction

to determine whether the statute requires line-of-sight supervision

of plumbing apprentices at the job site. The division concludes that

section 12-155-124 is not void for vagueness because the terms

here challenged, although ambiguous, are capable of a

constitutional construction. Because the division concludes that

section 12-155-124 only requires that a licensed plumber

supervising apprentices be within a sufficient distance of the
apprentice, whether in or outside a building, in order to monitor,

inspect, and sign off on the apprentice’s work with reasonable

frequency, the division vacates the Board’s order.
COLORADO COURT OF APPEALS 2020COA130

Court of Appeals No. 19CA1144
Colorado State Plumbing Board Nos. 2016-1285 & 2016-2488

Michael E. Welch and Confidence Plumbing Co., Inc.,

Appellants,

v.

Colorado State Plumbing Board,

Appellee.

ORDER VACATED

Division II
Opinion by JUDGE PAWAR
Román and Tow, JJ., concur

Announced August 27, 2020

Springer and Steinberg, P.C., Jeffrey A. Springer, Aaron C. Acker, Craig L.
Pankratz, Denver, Colorado, for Appellants

Philip J. Weiser, Attorney General, Cristel Shepherd, Assistant Attorney
General, Denver, Colorado, for Appellee
¶1 In this appeal from an agency hearing, we consider, for the

first time, whether the Plumbing Practice Act requires “line-of-sight”

supervision of an apprentice plumber. As necessarily interrelated

with that inquiry, we determine what supervision “at the job site”

means in the same statute. Applying principles of statutory

construction, we conclude that the statute does not require

line-of-sight supervision, and that to “supervise apprentices at the

job site” requires that a licensed plumber be within a sufficient

distance of the apprentice, whether in or outside a building, in

order to monitor, inspect, and sign off on the apprentice’s work with

reasonable frequency.

I. Procedural Background

¶2 Confidence Plumbing Co., Inc. (Confidence) and its owner,

Michael E. Welch, appeal the order of the Colorado State Plumbing

Board (Board) disciplining them for violations of the Plumbing

Practice Act. §§ 12-58-101 to -117, C.R.S. 2018, repealed and

1
replaced by §§ 12-155-101 to -124, C.R.S. 2019.1 The Board2 found

that Mr. Welch and Confidence violated section 12-155-124, C.R.S.

2019, by allowing a plumbing apprentice to use a soldering torch

without having line-of-sight supervision from a licensed plumber.

As a result, the Board imposed a $2300 fine against Mr. Welch and

Confidence, suspended Mr. Welch’s journeyman and master

plumber licenses for five years, and suspended Confidence’s

plumbing contractor registration for five years. On appeal, Mr.

Welch and Confidence challenge the constitutionality of section

12-155-124, as well as the Board’s adoption of the interpretation of

the Administrative Law Judge (ALJ) that “supervision” under that

section requires line-of-sight oversight of apprentices at the job site.

1 In particular, section 12-58-117, C.R.S. 2018, was relocated to
section 12-155-124, C.R.S. 2019, with only minor nonsubstantive
changes that are not relevant to this dispute. Ch. 136, sec. 1,
§ 12-155-124, 2019 Colo. Sess. Laws 1010.
2 We note that the Board (through the Attorney General) is both the

petitioner that prosecuted enforcement before the administrative
law judge, as well as the reviewing entity (through the Board’s
conflicts program director) that issued the final order on appeal.
While this is the normal procedure, we attempt to minimize
confusion by referring to the petitioner as the Attorney General and
the reviewing entity as the Board.

2
¶3 Though we disagree with Mr. Welch and Confidence that

section 12-155-124 is unconstitutional, we agree that the Board

incorrectly interpreted section 12-155-124 in applying it to Mr.

Welch’s conduct. We therefore vacate the Board’s order.

II. Relevant Facts

¶4 In 2016, a plumbing apprentice working for Confidence

performed plumbing work in an unfinished house that was part of a

master-planned community in Aurora, Colorado. Pursuant to the

Plumbing Practice Act, a registered plumbing apprentice may

perform plumbing work without a license, provided that he or she is

“under the supervision of a licensed plumber.” § 12-155-124(1).

“Supervision requires that a licensed plumber supervise apprentices

at the job site.” Id.

¶5 A building inspector for the city of Aurora saw the apprentice

using a soldering torch on a domestic water line. The inspector also

saw that a licensed plumber was not in the house with the

apprentice. Based on his observations, the building inspector filed

a complaint with the Board, alleging that Mr. Welch and Confidence

had engaged in “unlicensed practice.” In a response to the

complaint, Mr. Welch stated:

3
 [W]e did and do have a licensed supervisor on
the jobsite when plumbing installations are
performed. It should be noted, however, that a
jobsite is not just one building in residential
construction, but several homes located in a
larger community. The supervisor may not
have been in that particular home at the time
of the complaint, but he was on site.

¶6 Upon referral from the Board, the Attorney General filed a

petition with the Office of Administrative Courts, charging Mr.

Welch and Confidence with failing to supervise the apprentice in

violation of section 12-155-124.3 The petition requested that (1) Mr.

Welch’s journeyman and master plumber licenses be placed on

probation for five years; (2) Confidence’s contractor registration be

placed on probation for five years; and (3) Mr. Welch and

Confidence pay a fine of $2300. See § 12-58-110, C.R.S. 2018,

repealed and replaced by § 12-155-113, C.R.S. 2019.

¶7 The ALJ held a hearing on the petition. Several witnesses

testified regarding supervision of plumbing apprentices at job sites,

including Mr. Welch, the building inspector, a journeyman plumber

3The petition included an additional charge against Mr. Welch and
Confidence for failing to supervise a different plumbing apprentice,
but the ALJ found that the Attorney General failed to prove its
allegations as to that charge. That charge is not at issue on appeal.

4
 and former Confidence employee, and the Board’s program director.

The ALJ also heard evidence regarding a citation brought against

Mr. Welch and Confidence several years earlier for failure to

supervise an apprentice on two separate occasions that resulted in

a stipulation in which Mr. Welch and Confidence agreed to a fine.

¶8 The ALJ issued an initial decision order, finding that Mr.

Welch and Confidence violated section 12-155-124. The ALJ

specifically concluded that section 12-155-124 requires licensed

plumbers to maintain line-of-sight supervision over apprentices

using soldering torches and that “job site” means the same building

in which the apprentice is working. In so concluding, the ALJ cited

the testimony from Confidence’s former employee as particularly

persuasive regarding line-of-sight supervision for apprentices using

soldering torches.

¶9 The ALJ did not impose the sanctions requested in the

petition, however, finding them “too harsh.” Instead, the ALJ

placed Mr. Welch’s master and journeyman plumber licenses and

Confidence’s contractor registration on probation for one year and

imposed a $500 fine, pursuant to section 12-155-113.

5
¶ 10 Mr. Welch and Confidence, as well as the Attorney General,

filed exceptions to the ALJ’s initial order. The Attorney General

modified the originally requested sanctions, seeking instead to

suspend Mr. Welch’s plumber licenses and Confidence’s contractor

registration for one year, in lieu of placing them on probation. Mr.

Welch and Confidence responded that section 12-155-124 is

unconstitutionally vague; section 12-155-124 does not require

line-of-sight supervision; and the ALJ improperly relied on the

former employee’s testimony in interpreting the statute.

¶ 11 In its final order, the Board adopted the ALJ’s findings of

evidentiary fact and ultimate conclusions, determining that section

12-155-124 requires line-of-sight supervision at the job site over

apprentices using soldering torches. However, the Board declined

to resolve the meaning of “job site,” noting that “there was no need

for the Administrative Court to determine whether a ‘jobsite’ is a

single house identified on a permit or a group of homes in a

development — either way line-of-sight supervision is required while

an apprentice solders a domestic water line.” The Board also found

that it lacked jurisdiction to address Mr. Welch and Confidence’s

constitutional challenge to section 12-155-124. Citing Mr. Welch

6
 and Confidence’s prior offense for failing to supervise an apprentice,

as well as the “high potential for fire when soldering with a torch,”

the Board determined that harsher sanctions were warranted than

those the ALJ had imposed. It suspended Mr. Welch’s master and

journeyman plumber licenses and Confidence’s contractor

registration for five years and imposed a $2300 fine.

¶ 12 Mr. Welch and Confidence appeal the Board’s final order,

contending that (1) section 12-155-124 is unconstitutionally void

for vagueness; (2) the Board erred by adopting the ALJ’s

interpretation of section 12-155-124 to require line-of-sight

supervision when apprentices use soldering torches; and (3) the

Board erred by determining that the ALJ properly relied on

Confidence’s former employee’s testimony as the basis for her

interpretation of the statute. We disagree with Mr. Welch and

Confidence’s claim that the statute is unconstitutionally vague. We

agree, however, that the Board erroneously interpreted the statute.

Because we vacate the order, we need not address Mr. Welch and

Confidence’s third contention.

7
 III. Section 12-155-124 Is Not Void for Vagueness

¶ 13 Mr. Welch and Confidence contend that section 12-155-124

violates due process and must be declared void because it contains

impermissibly vague terms and standards. They argue that section

12-155-124 is vague because it fails to clearly define “supervision,”

“job site,” and “supervise apprentices at the job site,” leaving

plumbing licensees without appropriate guidance for the

supervision of apprentices. We conclude that section 12-155-124 is

not void for vagueness because the challenged terms, although

ambiguous, are capable of a constitutional construction.

A. Jurisdiction

¶ 14 Administrative agencies do not have the authority to determine

the constitutionality of statutes they are charged with enforcing.

Arapahoe Roofing & Sheet Metal, Inc. v. City & Cty. of Denver, 831

P.2d 451, 454 (Colo. 1992). “That function may be exercised only

by the judicial branch of government.” Id. In cases involving direct

review of agency action, the court of appeals has initial jurisdiction

to review the constitutionality of a statute. Celebrity Custom

Builders v. Indus. Claim Appeals Office, 916 P.2d 539, 541 (Colo.

App. 1995).

8
 B. Burden of Proof and Standard of Review

¶ 15 In determining the constitutionality of a statute, we begin with

the presumption that the statute is valid. Coffman v. Williamson,

2015 CO 35, ¶ 13. The burden is on the party challenging the

statute to prove it is unconstitutional beyond a reasonable doubt.

Id. Statutory terms should be construed in a manner that

preserves the statute’s constitutionality. People v. Zapotocky, 869

P.2d 1234, 1240 (Colo. 1994). If the statute is capable of multiple

constructions, one of which is constitutional, the constitutional

interpretation should be adopted. Id.

¶ 16 We review an agency’s statutory interpretation de novo.

Lobato v. Indus. Claim Appeals Office, 105 P.3d 220, 223 (Colo.

2005). We may defer to the agency’s interpretations of its governing

statutes, but “we ‘are not bound by an agency decision that

misapplies or misconstrues the law.’” Welby Gardens v. Adams Cty.

Bd. of Equalization, 71 P.3d 992, 1000 (Colo. 2003) (quoting El Paso

Cty. Bd. of Equalization v. Craddock, 850 P.2d 702, 704-05 (Colo.

1993)). The agency’s reading of a statute cannot alter the statutory

language by adding or subtracting words. Holcomb v. Jan-Pro

Cleaning Sys., 172 P.3d 888, 894 (Colo. 2007).

9
¶ 17 Our primary task in construing a statute is to ascertain and

give effect to the intent of the legislature. People v. Iannicelli, 2019

CO 80, ¶ 19. To determine legislative intent, we look first to the

plain language of the statute, giving the words their common

meanings. Id. We must read and consider the statute as a whole

“to give consistent, harmonious, and sensible effect to all its parts.”

State v. Nieto, 993 P.2d 493, 501 (Colo. 2000) (quoting People v.

Dist. Court, 713 P.2d 918, 921 (Colo. 1986)). And we must avoid

statutory constructions that would lead to illogical or absurd

results. Iannicelli, ¶ 20.

¶ 18 If the statutory language is clear and unambiguous, we must

interpret the statute as written. Zapotocky, 869 P.2d at 1238. If,

however, the intended meaning of the statutory language is unclear

and the statute is capable of more than one reasonable

construction, the statute is considered ambiguous, and we may

apply a body of accepted intrinsic and extrinsic aids in order to

discern legislative intent. Id.; see also Holcomb, 172 P.3d at 890.

Such interpretive aids include “[t]he common law or former

statutory provisions, including laws upon the same or similar

subjects”; the legislative declaration and purpose of the statute; and

10
 the consequences of a particular interpretation. § 2-4-203(1)(d),

C.R.S. 2019; Gallion v. Colo. Dep’t of Revenue, 171 P.3d 217, 221-22

(Colo. 2007).

C. Analysis

1. Section 12-155-124 Is Ambiguous

¶ 19 A “[p]lumbing apprentice” is “any person, other than a master,

journeyman, or residential plumber, who, as his or her principal

occupation, is engaged in learning and assisting in the installation

of plumbing.” § 12-155-103(9), C.R.S. 2019. The Plumbing

Practice Act requires that apprentices be supervised by licensed

plumbers.

Any person may work as a plumbing
apprentice for a registered plumbing
contractor but shall not do any plumbing work
for which a license is required pursuant to this
article 155 except under the supervision of a
licensed plumber. Supervision requires that a
licensed plumber supervise apprentices at the
job site. One licensed journeyman plumber,
master plumber, or residential plumber shall
not supervise more than three apprentice
plumbers at the same job site.

§ 12-155-124(1). A plumber charged with supervising an

apprentice is responsible for the apprentice’s work, and the

plumber’s license may be revoked, suspended, or denied, under

11
 section 12-155-113, for improper work performed under his or her

supervision. § 12-155-124(2).

¶ 20 But what does supervision of apprentices at the job site

require for compliance with section 12-155-124? The Board

resolved this question by requiring line-of-sight supervision over

apprentices using soldering torches at the job site. However, in

looking to the plain language of the statute, we see that section

12-155-124 does not expressly provide that compliance requires

this specific degree of supervision. See Bd. of Educ. v. Wilder, 960

P.2d 695, 703 (Colo. 1998) (laws must provide fair notice of what

conduct is prohibited or mandated, or risk inviting arbitrary and

discriminatory enforcement). The plain language of the statute says

“[s]upervision requires that a licensed plumber supervise

apprentices at the job site” and that one licensed plumber shall not

supervise more than three apprentices at the same job site.

§ 12-155-124(1) (emphasis added).

¶ 21 Despite legislating the supervision of apprentices — violation

of which may result, as it did here, in a five-year license suspension

and a $2300 fine — the Plumbing Practice Act does not define

“supervision,” “supervise,” or “job site” anywhere in its text. And

12
 the Board has not provided any written guidance in the form of

rules or position statements to assist individuals in the plumbing

trade in ensuring compliance with the statute.

¶ 22 Because the terms in question are not defined by statute, we

first look to their dictionary meanings. Cowen v. People, 2018 CO

96, ¶ 14. The terms “job site” and “supervise” or “supervision” are

defined broadly by both common and technical dictionaries.

¶ 23 The common dictionary definition of “supervise” is “to be in

charge of.” Merriam-Webster Dictionary, https://perma.cc/X8D2-

3XEC. The term “job site” does not have its own common dictionary

definition, but in the context of this case, we can combine the

definitions of “job” and “site” to ascertain the common meaning of

the full term. The word “job” means “the object or material on

which work is being done,” Merriam-Webster Dictionary,

https://perma.cc/F9XY-XWM9, and “site” means “the spatial

location of an actual or planned structure or set of structures (such

as a building, town, or monuments),” or, alternatively, “the place,

scene, or point of an occurrence or event,” Merriam-Webster

Dictionary, https://perma.cc/3JNM-67MA. In combining these

definitions within the context of plumbing, “supervise apprentices

13
 at the job site” means for a licensed plumber to be in charge of

apprentices at the spatial location of an actual or planned structure

or set of structures on which, or the place or scene where, plumbing

work is being done.

¶ 24 As defined by a technical construction dictionary,

“supervision” means “[d]irection of work performed by the

contractor’s (or others) workers on site, as specifically defined by

the contract.” RSMeans Illustrated Construction Dictionary 307

(student ed. 2012). And “job site” means “[t]he area within the

defined boundaries of a project.” Id. at 170. Combining these

technical definitions, we see that “supervise apprentices at the job

site” means for a supervising plumber to direct the work performed

by apprentices in the area within the defined boundaries of a

project, as specifically defined by the applicable contract.

¶ 25 In reviewing these definitions, we conclude that their common

meanings are insufficient to resolve the questions at issue —

namely, what is practically required of a licensed plumber to

supervise or “be in charge of” an apprentice, and what is the

physical proximity required of the licensed plumber in relation to

the apprentice’s location?

14
¶ 26 The commonly accepted definitions leave the challenged terms

susceptible to more than one reasonable interpretation, as is

illustrated by the testimony elicited during the ALJ hearing. At the

hearing, several witnesses testified as to their understanding of

what is required to “supervise apprentices at the job site” based on

their plumbing experience. Their testimony establishes consensus

that a single “job site” is generally associated with a single

construction permit number. But ambiguity remains: What does

supervision “at the job site” contemplate when multiple buildings in

a planned residential community are encompassed within a single

permit?

¶ 27 Based on the witnesses’ hearing testimony, we can discern at

least three possible interpretations of “supervise apprentices at the

job site”:

(1) A licensed plumber must be in the same building as and

have direct line-of-sight of an apprentice at all times

when the apprentice is performing plumbing work.

(2) As a general rule, a licensed plumber should accompany

an apprentice in the same building, but that is not

always required, especially if an emergency arises for

15
 which the licensed plumber must leave. Apprentices

should only be permitted to use soldering torches with

direct line-of-sight supervision.

(3) A licensed plumber need not be in the same building as

the apprentice but must be in one of the buildings under

construction on the permit and must inspect and sign off

on the apprentice’s work.

¶ 28 Based on this testimony, the ALJ derived her own

interpretation of section 12-155-124: a licensed plumber must

remain in the same building in which an apprentice is working and

is required to maintain line-of-sight supervision over apprentices

using soldering torches.

¶ 29 Because the intended scope of section 12-155-124 is unclear

and, as the testimony reveals, capable of more than one reasonable

construction, we conclude that section 12-155-124 is ambiguous.

Holcomb, 172 P.3d at 890; Zapotocky, 869 P.2d at 1238. We must

therefore turn to other tools of statutory interpretation to guide our

analysis.

16
 2. Common Law and Laws on Similar Subjects

¶ 30 Section 12-155-124 has not previously undergone judicial

scrutiny. In doing so now, we first look to the construction of laws

on similar subjects for assistance. Town of Erie v. Eason, 18 P.3d

1271, 1276 (Colo. 2001). Like the Plumbing Practice Act,

Colorado’s statutes governing the practice of electricians are also

found in Title 12, Business Professions and Occupations. See

§§ 12-115-101 to -124, C.R.S. 2019. And also like the Plumbing

Practice Act, the statutes regulating electricians contain a provision

for the supervision of apprentices by licensees, see § 12-115-115,

C.R.S. 2019, and a provision for disciplinary action against a

licensee for failure to supervise apprentices properly, see

§ 12-115-122, C.R.S. 2019.

¶ 31 Notably, however, the electrician statutes were substantively

modified in 2019 to “define[] the difference between supervision and

direct supervision as it applies to apprentices.” Legislative Council

of the Colo. Gen. Assembly, Fiscal Note on S.B. 19-156, at 2 (Mar.

7, 2019), https://perma.cc/K6UY-EDDY; see Ch. 136, sec. 14,

§ 12-115-115, 2019 Colo. Sess. Laws 3204; Ch. 136, sec. 17,

§ 12-115-122, 2019 Colo. Sess. Laws 3207-08.

17
¶ 32 The relevant statutory versions in effect prior to the

amendments stated:

(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. . . .

(3)(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.

§ 12-23-110.5, C.R.S. 2018 (emphasis added). And a licensed

electrician could be disciplined by the State Electrical Board for

failure to “adequately supervise an apprentice who is working at the

trade pursuant to section 12-23-110.5.” § 12-23-118(1)(j), C.R.S.

2018 (emphasis added).

¶ 33 Following the Department of Regulatory Agencies’ sunset

review of the article governing the practice of electricians, the

18
 legislature modified the statutes to specifically qualify all

occurrences of electrician apprentice “supervision” as “direct”:

(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 direct supervision of a licensed
electrician. A licensed electrician shall not
directly supervise more than three apprentices
at a job site.

(2) An electrical contractor, journeyman
electrician, master electrician, or residential
wireman who is the employer or direct
supervisor of any electrical apprentice working
at the trade is responsible for the work
performed by the apprentice. . . .

(3)(b) An apprentice must be under the direct
supervision of a licensed electrician as set forth
in subsection (1) of this section.

§ 12-115-115 (emphasis added). And a licensed electrician can now

be disciplined by the State Electrical Board for failure to

“adequately directly supervise an apprentice who is working at the

trade pursuant to section 12-115-115.” § 12-115-122(1)(j)

(emphasis added).

¶ 34 Furthermore, the legislature added definitions for “direct

supervision” and “supervision” to the electrician statutory scheme:

19
 “Direct supervision” means that the
supervising licensed master electrician,
journeyman electrician, or residential wireman
is physically present at the same physical
address where the apprentice is working.

....

“Supervision” means the management of a
project to ensure that work on the project is
done correctly and according to the law.

§ 12-115-103(2.5), (12), C.R.S. 2019.

¶ 35 We find these amendments to the electrician statutes

informative, in that the legislature chose to apply this narrower

definition of supervision only to electrician apprentices, not to

plumbing apprentices. If the legislature intended that the

references to supervision of electrician apprentices referred to direct

“management of a project to ensure that work on the project is done

correctly and according to the law,” there would have been no need

for it to qualify the term.

¶ 36 The legislature could have made similar modifications to the

analogous sections of the Plumbing Practice Act, but it did not. Cf.

Mook v. Bd. of Cty. Comm’rs, 2020 CO 12, ¶¶ 34-35 (observing that

the term “contiguous” as more narrowly defined in other unrelated

statutes does not contain similar qualification language in the

20
 statute at issue, thereby informing the court’s statutory

interpretation analysis). “Just as important as what the statute

says is what the statute does not say. . . . We should not construe

these omissions by the General Assembly as unintentional.”

Auman v. People, 109 P.3d 647, 656-57 (Colo. 2005). We therefore

interpret the legislature’s omission of such qualifying language

regarding the supervision of apprentices from the Plumbing Practice

Act as intentional. Id. at 657.

¶ 37 Though nonbinding, we also find support in case law from

other jurisdictions involving the supervision of subordinates and

construction at job sites. In a case that required the court to

determine insurance liability for weather delays in a construction

project, the United States District Court for the Eastern District of

Louisiana relied on a dictionary of architecture and construction to

find that “the term job site means, quite simply, the site of a

construction project. The term ‘site’ is also defined as ‘the specific

location of a building or buildings.’” J. Ray McDermott & Co. v. Fid.

& Cas. Co., 466 F. Supp. 353, 364 (E.D. La. 1979) (emphasis added)

(citations omitted).

21
¶ 38 And our own supreme court, albeit in dicta, provides

additional guidance. In a case decided in 1926, the court affirmed

judgment entered against several plumbing apprentices for

engaging in plumbing work without a license in violation of a city

ordinance. Evans v. City & Cty. of Denver, 79 Colo. 533, 247 P. 173

(1926). The court concluded that the apprentices’ employer had

“allowed [them] to work alone and without supervision to such an

extent that the apprentices were really working as journeymen

plumbers.” Id. at 536, 247 P. at 174. But in so concluding, the

court declared in dicta that

[e]ven under the strictest view of it an
apprentice need not perform every stroke of his
labor as a learner under the constant eye of the
master, so long as the superior skill of the
master appears in the work through his
directions and instructions given to the
apprentice.

Id. (quoting City of St. Louis v. Bender, 154 S.W. 88, 92 (Mo. 1913)

(Lamm, J., concurring)) (emphasis added).

¶ 39 We find this dictum instructive in at least discounting the

requirement for line-of-sight supervision of apprentices engaged in

plumbing work. The Evans court stated that supervision of

apprentice plumbers under a 1926 city ordinance did not require

22
 “the constant eye of the master,” provided that the supervising

plumber’s directions and instructions appear in the final product.

Id. (quoting Bender, 154 S.W. at 92) (Lamm, J., concurring).

¶ 40 Finally, several cases involving violation of the federal

Occupational Safety and Health Act (OSHA) indicate that direct,

line-of-sight supervision of trade apprentices is not required. See

Capital Elec. Line Builders of Kan., Inc. v. Marshall, 678 F.2d 128,

131 (10th Cir. 1982) (concluding that the supervising licensed

electrician was not required to actually accompany apprentices in

the aerial bucket or oversee their work from below because “such a

requirement would be unreasonable”); Horne Plumbing & Heating

Co. v. Occupational Safety & Health Review Comm’n, 528 F.2d 564,

569-70 (5th Cir. 1976) (finding that there was nothing more that

the supervisor could have done to prevent the OSHA violation “other

than personally directing the operation himself,” which the court

determined “would be a wholly unnecessary, unreasonable, and

infeasible requirement” because, although “the courts have

emphasized the importance of adequate instruction and supervision

in safety matters, they have consistently refused to require

measures beyond those which are reasonable and feasible”); Cape &

23
 Vineyard Div. of New Bedford Gas v. Occupational Safety & Health

Review Comm’n, 512 F.2d 1148, 1155 (1st Cir. 1975) (“There is

nothing in the record indicating that prudence would require a

supervisor or buddy constantly to watch the employee on the pole,

or that any such practice would be feasible.”).

¶ 41 With this framework in mind, we enlist further guidance from

other principles of statutory construction.

3. Legislative Declaration and Purpose of the Statute

¶ 42 The Plumbing Practice Act’s legislative declaration proclaims

that the purpose of the Act is to safeguard public health. See

§ 12-58-101(2), C.R.S. 2018. And ensuring that plumbing

apprentices are appropriately supervised certainly falls within the

purview of this purpose.

(1) The general assembly hereby finds that:

(a) Improper plumbing can adversely
affect the health of the public and that
faulty plumbing is potentially lethal and
can cause widespread disease and an
epidemic of disastrous consequences;

(b) To protect the health of the public, it
is essential that plumbing be installed by
persons who have proven their knowledge
of the sciences of pneumatics and

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 hydraulics and their skill in installing
plumbing.

(2) Consistent with its duty to safeguard the
health of the people of this state, the general
assembly hereby declares that individuals who
plan, install, alter, extend, repair, and
maintain plumbing systems should be
individuals of proven skill.

§ 12-58-101, C.R.S. 2018.

¶ 43 Similarly, the Board’s program director testified at the ALJ

hearing that the public policy behind apprentice supervision is “to

ensure the correct and safe installation of the plumbing.”

¶ 44 Recalling from above the multiple interpretations offered by

witnesses during the ALJ hearing of what it means to supervise

apprentices at the job site, it is apparent that the public safety

objective can be achieved under each of the perceived

constructions. Whether a licensed plumber maintains line-of-sight

supervision of an apprentice during soldering only, accompanies an

apprentice at all times, or is nearby but returns to inspect and sign

off on the apprentice’s work, the public policy of ensuring correct

and safe installation of plumbing can be achieved.

¶ 45 Yet, clear construction of section 12-155-124 remains elusive

because it does not sufficiently prescribe the level or type of

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 supervision required. So, taking these safety objectives into

account, we turn finally to the Board’s interpretation of section

12-155-124 and consider its consequences.

4. Consequences of the Board’s Interpretation

¶ 46 In her initial decision, the ALJ concluded that section

12-155-124 requires licensed plumbers to maintain line-of-sight

supervision when apprentices use soldering torches and that job

site refers to the same building in which the apprentice is working.

In its final order, the Board adopted the ALJ’s ultimate conclusions,

agreeing that section 12-155-124 requires line-of-sight supervision

of apprentices using soldering torches, but did not specifically

define job site, reasoning that line-of-sight supervision necessarily

requires that the supervising plumber and apprentice be in the

same building.

¶ 47 As an initial matter, we recall that principles of statutory

construction prohibit the Board from altering statutory language by

adding or subtracting words. See Holcomb, 172 P.3d at 894. And

terms even slightly similar to line-of-sight supervision or those

alluding to a job site being a single building are nowhere to be

found in the Plumbing Practice Act. Therefore, the Board

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 inappropriately altered the language of section 12-155-124 by

adding words.

¶ 48 Relatedly, and as previously discussed, the legislature recently

amended the electrician statutes to specify that apprentice

supervision must be “direct” — with “direct supervision” requiring

that the supervising electrician “is physically present at the same

physical address where the apprentice is working.” § 12-115-103.

As we pointed out, the legislature declined to make similar

amendments to the Plumbing Practice Act. We further note that,

though the legislature added language in the electrician statutes to

delineate between “supervision” and “direct supervision,” it did not

define “direct supervision” as requiring line of sight. In so noting,

we are reminded of our supreme court’s declaration that “[j]ust as

important as what the statute says is what the statute does not

say.” Auman, 109 P.3d at 656-57.

¶ 49 Furthermore, adopting the Board’s interpretation would lead

to a construction that is not consistent or in harmony with other

parts of the statute. See Nieto, 993 P.2d at 501. As discussed

above in Part III.C.1, section 12-155-124 directs that a licensed

plumber is not permitted to supervise more than three apprentices

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 at the same job site. Under the Board’s construction requiring

line-of-sight supervision, the three apprentices would not only have

to be in the same building simultaneously but also all working in

the supervisor’s line of sight, creating potential logistical difficulties,

or even thwarting the benefit of allowing one supervisor to supervise

three apprentices.4

¶ 50 Absent clear language from the legislature indicating an intent

to define “supervise” as line-of-sight supervision, we conclude that

the Board misconstrued the law by reading additional words into

section 12-155-124 that do not appear in the statutory language.

See Holcomb, 172 P.3d at 894. And because we are not bound by

an agency decision that misapplies or misconstrues the law, see

Welby Gardens, 71 P.3d at 1000, we decline to endorse the Board’s

construction.

4 We acknowledge that the newly amended electrician statutes also
allow for supervision of up to three electrician apprentices at a job
site and that the supervision in that context must be “direct.” See
§ 12-115-115, C.R.S. 2019. But “direct” supervision there requires
only that a supervising electrician be physically present at the same
physical address where the three apprentices are working. Being
physically present does not necessarily equate with a line-of-sight
view, which removes the logistical issue present with the Board’s
interpretation of the plumbing statute here.

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 5. What it Means to Supervise Apprentices at the Job Site

¶ 51 None of the previously discussed tools of statutory

construction, standing alone, provides us with a clear meaning for

“supervise apprentices at the job site.” But by synthesizing the

results from our application of these tools, we can arrive at a

constitutionally valid construction of the statute.

¶ 52 We conclude that to “supervise apprentices at the job site”

means that a licensed plumber must be within a sufficient distance

of the apprentice, whether in or outside a building, such that by

monitoring, inspecting, and signing off on the apprentice’s work

with reasonable frequency, the correct and safe installation of

plumbing can be achieved. This construction is wholly consistent

with each of the statutory canons we examined:

1. Plain meaning: under our interpretation, a licensed plumber

will be in charge of apprentices at the spatial location of a

structure or set of structures on which plumbing work is

being done by the apprentices.

2. Laws on similar subjects: cognizant of the legislature’s

amendments to define “direct supervision” in the electrician

statutes and intentional omission of similar terms in the

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 Plumbing Practice Act, our construction does not read into

the statute words that were not included.

3. Common law: drawing guidance from our supreme court, an

apprentice need not be under “the constant eye of the

master” because the supervising licensed plumber will

periodically evaluate the apprentice’s work to ensure that

the directions and instructions provided to the apprentice

appear in the final product. See Evans, 79 Colo. at 536,

247 P. at 174 (quoting Bender, 154 S.W. at 92) (Lamm, J.,

concurring).

4. Legislative declaration and purpose of the statute: with a

licensed plumber monitoring, inspecting, and signing off on

an apprentice’s work with reasonable frequency, the correct

and safe installation of plumbing can be achieved.

¶ 53 This construction of section 12-155-124 allows us to preserve

the constitutionality of the statute, as we are required to do. See

Zapotocky, 869 P.2d at 1240.5

5To be clear, we do not mean to suggest that the legislature could
not, if it chose to, specifically provide for line-of-sight supervision,

30
 IV. Mr. Welch and Confidence Did Not Violate Section 12-155-124

¶ 54 Finally, we further conclude that, based on the ALJ’s findings

of evidentiary fact, Mr. Welch and Confidence did not violate section

12-155-124.

¶ 55 We have determined that compliance with the statute requires

that a licensed plumber supervising apprentices be within a

sufficient distance of the apprentices, whether in or outside a

building, such that by monitoring, inspecting, and signing off on

the apprentice’s work with reasonable frequency, the correct and

safe installation of plumbing can be achieved. In the initial order,

the ALJ found that the supervising journeyman plumber was

working near the house in which the apprentice was working when

the apprentice was using the soldering torch. Moreover, the ALJ

or define “job site” as a single building or even a more specific locus
of work. We only hold that, in the absence of such clear language,
the statute as interpreted by the ALJ and adopted by the Board may
provide constitutionally deficient notice of what the statute
requires. See Rein v. Meagher, 2020 CO 56, ¶ 33 (“The essential
inquiry in addressing a void for vagueness challenge is whether the
statute ‘forbids or requires the doing of an act in terms so vague
that persons of ordinary intelligence must necessarily guess as to
its meaning and differ as to its application.’” (quoting People v.
Gross, 930 P.2d 933, 937 (Colo. 1992))).

31
 accepted and adopted as part of her findings Mr. Welch’s testimony

that (1) all of the houses in the entire master-planned community

were the “job site,” with journeymen at the site working in multiple

houses; and (2) the supervising journeymen were expected to

inspect and sign off on the work done on the premises that day or

face disciplinary measures. Accordingly, we conclude that Mr.

Welch and Confidence complied with the requirements of section

12-155-124 as set forth in this opinion.

¶ 56 Because we conclude that section 12-155-124 is constitutional

but that the Board erred in its interpretation of the statute, we do

not reach Mr. Welch and Confidence’s additional contention that

the Board also erred by finding that the ALJ properly relied on the

former Confidence employee’s hearing testimony for her

interpretation.

V. Conclusion

¶ 57 The Board’s order is vacated.

JUDGE ROMÁN and JUDGE TOW concur.

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