reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 33.5 - Public Safety (§§ 24-33.5-101 — 24-33.5-2704) › Part 12 - DIVISION OF FIRE PREVENTION AND CONTROL (§§ 24-33.5-1201 — 24-33.5-1239) › Section 24-33.5-1209 - Repeal of sections

(1)
Repealed.
(2)
Sections
24-33.5-1204.5
,
24-33.5-1206.1
,
24-33.5-1206.2
,
24-33.5-1206.3
,
24-33.5-1206.4
,
24-33.5-1206.5
,
24-33.5-1206.6
, and
24-33.5-1207.6
, concerning programs for fire suppression administered by the division of fire prevention and control, are repealed, effective September 1, 2026. Before the repeal, the programs administered pursuant to those sections are scheduled for review in accordance with section
24-34-104
.
Amended by 2019 Ch. 260,§ 2, eff. 8/2/2019.
Amended by 2014 Ch. 205,§ 1, eff. 5/15/2014.
L. 84: Entire section added, p. 686, § 23, effective July 1. L. 87: Entire section amended, p. 1006, § 5, effective July 1. L. 93: Entire section amended, p. 560, § 7, effective April 30. L. 98: (2) amended, p. 640, § 4, effective July 1. L. 99: (1) amended, p. 334, § 3, effective April 15. L. 2005: (2) amended, p. 246, § 1, effective July 1. L. 2009: (1) repealed, (SB 09-109), ch. 608, p. 608, § 2, effective July 1. L. 2012: (2) amended, (HB 12-1283), ch. 240, p. 1109, § 15, effective July 1. L. 2014: (2) amended, (HB 14-1221), ch. 752, p. 752, § 1, effective May 15. L. 2019: (2) amended, (SB 19-157), ch. 2474, p. 2474, § 2, effective August 2.
For the legislative declaration in the 2012 act amending subsection (2), see section 1 of chapter 240, Session Laws of Colorado 2012.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 33.5 - Public Safety (§§ 24-33.5-101 — 24-33.5-2704) › Part 12 - DIVISION OF FIRE PREVENTION AND CONTROL (§§ 24-33.5-1201 — 24-33.5-1239) › Section 24-33.5-1210 - [Repealed]

L. 2002: Entire section added, p. 1206, § 5, effective June 3. L. 2012: Entire section repealed, (HB 12-1283), ch. 240, p. 1137, § 55, effective July 1.
For the legislative declaration in the 2012 act repealing this section, see section 1 of chapter 240, Session Laws of Colorado 2012.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 33.5 - Public Safety (§§ 24-33.5-101 — 24-33.5-2704) › Part 12 - DIVISION OF FIRE PREVENTION AND CONTROL (§§ 24-33.5-1201 — 24-33.5-1239) › Section 24-33.5-1211 - Inspector certification

(1)
The division shall certify a person with fire safety responsibilities who is employed by, under contract to, or volunteers services to the state or a governing body as a fire inspector if the person files an application with the division for certification on forms provided by the division, pays the required certification fee, is at least eighteen years of age, and:
(a)
Passes the fire code certification examination as prescribed by the director of the division; or
(b)
Holds a valid and current fire code certification from the international code council; or
(c)
Demonstrates to the director of the division that the person meets other equivalent qualifications, including, but not limited to, the education and experience prescribed by rules adopted by the director of the division in accordance with article
4
of this title and obtains an attestation on a form provided by the division from the head of the governing body or a designee that the person has the knowledge, skills, and ability to conduct fire safety plan reviews and inspections using the rules and codes adopted pursuant to sections
8-1-107(2)(p)
and
24-33.5-1203.5(2)(b)
, C.R.S.
(2)
An inspector certification issued pursuant to subsection (1) of this section shall be valid for a period of three years; except that such certification shall become invalid if:
(a)
The certified inspector's employment relationship or contract with the state or governing body is terminated; or
(b)
The certified inspector ceases to provide volunteer fire safety plan review or inspection services to the state or governing body.
(3)
The requirements and process for renewal of an inspector certification shall be the same as for initial certification.
(4)
The director of the division shall establish a fee to cover the actual direct and indirect costs of processing applications and issuing and renewing certifications pursuant to this section. Certification fees collected by the division shall be credited to the firefighter, first responder, hazardous materials responder, and prescribed fire training and certification fund created in section
24-33.5-1207
.
Amended by 2013 Ch. 249,§ 14, eff. 5/23/2013.
L. 2006: Entire section added, p. 1363, § 7, effective July 1. L. 2011: (4) amended, (SB 11-251), ch. 240, p. 1050, §15, effective June 30. L. 2013: (4) amended, (SB 13-083), ch. 249, p. 1310, § 14, effective May 23.
In 2013, subsection (4) was amended by the "Colorado Prescribed Burning Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 249, Session Laws of Colorado 2013.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 33.5 - Public Safety (§§ 24-33.5-101 — 24-33.5-2704) › Part 12 - DIVISION OF FIRE PREVENTION AND CONTROL (§§ 24-33.5-1201 — 24-33.5-1239) › Section 24-33.5-1213.3 - Building and structure fire code maintenance - rules

(1)
(a)
This section applies to building and structure maintenance for fire safety. The fire department providing fire protection service for the buildings and structures of a school district or of a local college district or for a charter school may inspect the buildings and structures when deemed necessary to ensure that they are maintained in accordance with the fire code adopted by the director of the division. If the local fire department does not perform the inspections authorized by this section, the division has the authority and duty to conduct the inspections.
(b)
An inspection conducted pursuant to this section within the preceding twelve months satisfies the inspection requirement of a child care center that provides child care exclusively to school-age children and operates on the property of a school district, district charter school, or institute charter school. The fire department or division that conducts the inspection pursuant to this section shall provide a copy of the inspection report to a child care center official.
(2)
The division is authorized to charge a fee for inspections conducted by the division to cover the actual, reasonable, and necessary costs of the inspections. The amount of the fee shall be determined by the director of the division by rule. In accordance with section
24-33.5-1213
, the division shall enforce the fire code adopted by the director of the division.
(3)
A fire department that chooses to conduct fire code inspections pursuant to this section may refer notices of deficiencies to the division for evaluation or enforcement in accordance with section
24-33.5-1213
. The division shall promulgate rules to establish procedures for fire departments to refer notices of deficiencies for evaluation or enforcement to the division.
(4)
Nothing in this section shall prohibit the fire department from correcting violations that pose an immediate threat to life safety. Nothing in this section shall prohibit the fire department from seeking enforcement action in a court of competent jurisdiction.
Amended by 2021 Ch. 131, § 1, eff. 9/7/2021.
L. 2009: Entire section added, (HB 09-1151), ch. 1057, p. 1057, § 11, effective 1/1/2010.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 33.5 - Public Safety (§§ 24-33.5-101 — 24-33.5-2704) › Part 12 - DIVISION OF FIRE PREVENTION AND CONTROL (§§ 24-33.5-1201 — 24-33.5-1239) › Section 24-33.5-1213.5 - Certification for building inspectors - rules

(1)
The director of the division shall implement a building inspector and plans examiner certification program to comply with the provisions of sections
22-32-124 (2)
and
23-71-122 (1)(v)
, C.R.S., that evaluates the education, training, and experience of each inspector and ensures that the inspectors hold current national certifications that require continuing education. The director of the division shall require that each inspector be recertified every three years.
(2)
Plans examiners for plan review and building inspectors for construction inspections shall be certified in their respective fields by the international code council, or another similar national organization, and have demonstrated education, training, and experience in their respective fields.
(3)
If a plans examiner or building inspector is not certified in his or her respective field, the plans examiner or building inspector shall have at least five years of demonstrated education, training, and experience in his or her respective field and receive national certification within one year after the date of hire.
(4)
The director of the division shall outline, by rule, the criteria for the revocation of inspector certifications. If the division finds that inspections are not complete or that all violations are not corrected, the division shall take enforcement action against the third-party inspector pursuant to section
24-33.5-1213
.
L. 2009: Entire section added, (HB 09 -1151), ch. 230, p. 1058, § 11, effective 1/1/2010.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 33.5 - Public Safety (§§ 24-33.5-101 — 24-33.5-2704) › Part 12 - DIVISION OF FIRE PREVENTION AND CONTROL (§§ 24-33.5-1201 — 24-33.5-1239) › Section 24-33.5-1215 - Volunteer firefighter tuition voucher fund - created

There is hereby created in the state treasury the volunteer firefighter tuition voucher fund, which shall be administered by the division and shall consist of any gifts, grants, or donations from private or public sources that the division is hereby required to seek and accept. All moneys in the fund are continuously appropriated to the division to be used for the purposes set forth in section
24-33.5-1216
. All moneys in the fund at the end of each fiscal year shall be retained in the fund and shall not revert to the general fund or any other fund.
L. 2009: Entire section added, (SB 09-021), ch. 414, p. 2289, §4, effective August 5.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 33.5 - Public Safety (§§ 24-33.5-101 — 24-33.5-2704) › Part 12 - DIVISION OF FIRE PREVENTION AND CONTROL (§§ 24-33.5-1201 — 24-33.5-1239) › Section 24-33.5-1216 - Volunteer firefighters - tuition vouchers - community and technical colleges

(1)
The division shall collaborate with the state board for community colleges and occupational education created in section
23-60-104(1)(b)
, C.R.S., and the board of the trustees for each local community college as specified in section
23-71-122
, C.R.S., to develop a system to provide a tuition voucher for three credits per academic year to a qualified volunteer firefighter who is a full-time or part-time student at an institution in the state system of community and technical colleges or a local community college and who agrees to serve as a volunteer firefighter for no less than four years after completing his or her education at the institution.
(2)
For purposes of this section, "local community college" includes Aims community college and Colorado mountain college.
(3)
The division shall fund the tuition vouchers specified in subsection (1) of this section from the volunteer firefighter tuition voucher fund created in section
24-33.5-1215
; except that, if the volunteer firefighter tuition voucher fund does not have sufficient moneys to fund the tuition vouchers, the division may use any existing appropriation.
L. 2009: Entire section added, (SB 09-021), ch. 414, p. 2289, §4, effective August 5.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 33.5 - Public Safety (§§ 24-33.5-101 — 24-33.5-2704) › Part 12 - DIVISION OF FIRE PREVENTION AND CONTROL (§§ 24-33.5-1201 — 24-33.5-1239) › Section 24-33.5-1217.3 - Authority to permit controlled burns during drought conditions - civil - criminal

The division may provide written authority to persons seeking to conduct prescribed or controlled fires, such as grassland, forest, or habitat management activities, during drought conditions as specified in section
13-21-105(2)
or
18-13-109(2)(b)(III)
, C.R.S. In issuing written authority for prescribed or controlled fires, the division shall conform to and shall not supersede any state or local bans on fires.
Added with amended and relocated provisions by 2013 Ch. 249,§ 7, eff. 5/23/2013.
This section is similar to former §§ 24-33-203 and 24-33-204 as they existed prior to 2013.
In 2013, this section was added by the "Colorado Prescribed Burning Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 249, Session Laws of Colorado 2013.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 33.5 - Public Safety (§§ 24-33.5-101 — 24-33.5-2704) › Part 12 - DIVISION OF FIRE PREVENTION AND CONTROL (§§ 24-33.5-1201 — 24-33.5-1239) › Section 24-33.5-1217.7 - Escaped prescribed fires

(1)
If a prescribed fire exceeds the control capability of on-site resources, the fire is deemed to be escaped, and suppression actions shall be taken immediately to bring the escape under control.
(2)
The division shall conduct or cause to be conducted a formal review following escape of a prescribed fire. The purpose of the review is to identify the factors that contributed to the escape, including compliance with policy requirements, in an effort to reduce the occurrence or prevent future escapes.
(3)
Wildfires burning uncontrolled on forested, brush, or grassland areas that pose a hazard to life and property constitute a public nuisance. Employees or agents of the division have the right to enter land to control, suppress, or investigate wildfires without liability for trespass.
(4)
In order to prevent high-intensity or catastrophic wildland fires, local, state, or federal firefighters may enter lands and construct fire lines or fire breaks to prevent further spread of wildfires, without liability for trespass.
Amended by 2014 Ch. 175,§ 4, eff. 5/12/2014.
Added by 2013 Ch. 249,§ 7, eff. 5/23/2013.
L. 2013: Entire section added, (SB 13-083), ch. 249, p. 1308, § 7, effective May 23. L. 2014: (1) amended, (HB 14-1010), ch. 175, p. 643, § 4, effective May 12.
In 2013, this section was added by the "Colorado Prescribed Burning Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 249, Session Laws of Colorado 2013.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 33.5 - Public Safety (§§ 24-33.5-101 — 24-33.5-2704) › Part 12 - DIVISION OF FIRE PREVENTION AND CONTROL (§§ 24-33.5-1201 — 24-33.5-1239) › Section 24-33.5-1218 - Cooperation with governmental units

In connection with its powers and duties concerning the protection of the forest lands of the state from fire, the division may cooperate and coordinate with the United States forest service, the United States secretary of the interior, the United States secretary of agriculture, the state board of land commissioners, and the counties for such protection and may advise and aid in preventing forest fires on state and private lands in the national forests in the state, including coordinating with the United States secretary of the interior and the United States secretary of agriculture to develop management plans for federal lands within the state of Colorado pursuant to
16 U.S.C. sec. 530
,
16 U.S.C. sec. 1604
, and
43 U.S.C. sec. 1712
; but nothing contained in this section shall be construed as transferring to the division the duties or responsibilities of the sheriffs of the various counties with respect to forest fire control laws.
L. 2012: Entire section added, (HB 12-1283), ch. 240, p. 1110, § 16, effective July 1.
This section is similar to former § 23-31-203 as it existed prior to 2012.
For the legislative declaration in the 2012 act adding this section, see section 1 of chapter 240, Session Laws of Colorado 2012.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 33.5 - Public Safety (§§ 24-33.5-101 — 24-33.5-2704) › Part 12 - DIVISION OF FIRE PREVENTION AND CONTROL (§§ 24-33.5-1201 — 24-33.5-1239) › Section 24-33.5-1219 - Wildland fires - duty of sheriff to report

It is the duty of the sheriffs of the various counties of the state to report as soon as practicable the occurrence of any fire in any forest in the state, either on private or public lands, to the division or its authorized agent, and, upon receiving notice from any source of a fire in any forest, it is the duty of the agent of the division to aid and assist in controlling or extinguishing the same, if necessary.
L. 2012: Entire section added, (HB 12-1283), ch. 240, p. 1111, § 16, effective July 1.
This section is similar to former § 23-31-204 as it existed prior to 2012.
For the legislative declaration in the 2012 act adding this section, see section 1 of chapter 240, Session Laws of Colorado 2012.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 33.5 - Public Safety (§§ 24-33.5-101 — 24-33.5-2704) › Part 12 - DIVISION OF FIRE PREVENTION AND CONTROL (§§ 24-33.5-1201 — 24-33.5-1239) › Section 24-33.5-1222 - Cooperation by counties

The boards of county commissioners may, in their discretion, cooperate and coordinate with the governing bodies of organized fire districts, fire departments, and municipal corporations; with private parties; with other counties; with the director; with the United States secretary of the interior; with the United States secretary of agriculture; and with an agency of the United States government in the management and prevention of forest fires. Such boards of county commissioners are authorized to participate in the organization and training of rural fire-fighting groups, in the payment for the operation and maintenance of fire-fighting equipment, and in sharing the cost of managing fires.
L. 2012: Entire section added, (HB 12-1283), ch. 240, p. 1112, § 16, effective July 1.
This section is similar to former § 23-31-305 as it existed prior to 2012.
For the legislative declaration in the 2012 act adding this section, see section 1 of chapter 240, Session Laws of Colorado 2012.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 33.5 - Public Safety (§§ 24-33.5-101 — 24-33.5-2704) › Part 12 - DIVISION OF FIRE PREVENTION AND CONTROL (§§ 24-33.5-1201 — 24-33.5-1239) › Section 24-33.5-1223 - Sheriffs to enforce

The county sheriff, assisted by the director, shall enforce sections
24-33.5-1217
to
24-33.5-1228
and of all state forest fire laws, and such persons shall not be liable to civil action for trespass committed in the discharge of their duties.
L. 2012: Entire section added, (HB 12-1283), ch. 240, p. 1112, § 16, effective July 1.
This section is similar to former § 23-31-306 as it existed prior to 2012.
For the legislative declaration in the 2012 act adding this section, see section 1 of chapter 240, Session Laws of Colorado 2012.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 33.5 - Public Safety (§§ 24-33.5-101 — 24-33.5-2704) › Part 12 - DIVISION OF FIRE PREVENTION AND CONTROL (§§ 24-33.5-1201 — 24-33.5-1239) › Section 24-33.5-1224 - Limitation of state responsibility

Nothing in sections
24-33.5-1217
to
24-33.5-1228
authorizes any county fire warden, firefighter, or county officer to obligate the state for payment of any money.
L. 2012: Entire section added, (HB 12-1283), ch. 240, p. 1113, § 16, effective July 1.
This section is similar to former § 23-31-307 as it existed prior to 2012.
For the legislative declaration in the 2012 act adding this section, see section 1 of chapter 240, Session Laws of Colorado 2012.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 33.5 - Public Safety (§§ 24-33.5-101 — 24-33.5-2704) › Part 12 - DIVISION OF FIRE PREVENTION AND CONTROL (§§ 24-33.5-1201 — 24-33.5-1239) › Section 24-33.5-1225 - Emergencies

When the governor finds that conditions of extreme fire hazard exist, he or she may by proclamation close such land as he or she may find to be in such condition of extreme hazard to the general public and prohibit or limit burning thereon to such a degree and in such ways as he or she deems necessary to reduce the danger of forest fire. The governor shall declare the end of any such emergency only upon a finding that the conditions of extreme fire hazard no longer exist.
L. 2012: Entire section added, (HB 12-1283), ch. 240, p. 1113, § 16, effective July 1.
This section is similar to former § 23-31-308 as it existed prior to 2012.
For the legislative declaration in the 2012 act adding this section, see section 1 of chapter 240, Session Laws of Colorado 2012.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 33.5 - Public Safety (§§ 24-33.5-101 — 24-33.5-2704) › Part 12 - DIVISION OF FIRE PREVENTION AND CONTROL (§§ 24-33.5-1201 — 24-33.5-1239) › Section 24-33.5-1226.5 - Career and education information - peer mentor program - inmate disaster relief program participants

(1)
(a)
On or before July 1, 2022, the division shall develop informational materials to increase awareness of wildland fire career opportunities for persons who acquired experience in wildland fire services through the inmate disaster relief program, described in section
17-24-124
.
(b)
The informational materials must include a description of wildland fire career opportunities, minimum qualifications for wildland fire career opportunities, and how a person may pursue and acquire minimum qualifications for wildland fire career opportunities.
(c)
The division shall make the informational materials available to the department of corrections. The department of corrections shall distribute the informational materials to persons who have experience in wildland fire services through the inmate disaster relief program.
(2)
The division is encouraged to hire persons who acquired experience in wildland fire services through the inmate disaster relief program, described in section
17-24-124
, for positions performing wildland fire services.
(3)
The division shall develop and implement a peer mentor program for persons hired who acquired experience in wildland fire services through the inmate disaster relief program. The program must provide to the participant a resource for developing and sustaining professional skills.
Added by 2021 Ch. 29,§3, eff. 4/15/2021.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 33.5 - Public Safety (§§ 24-33.5-101 — 24-33.5-2704) › Part 12 - DIVISION OF FIRE PREVENTION AND CONTROL (§§ 24-33.5-1201 — 24-33.5-1239) › Section 24-33.5-1230 - Wildfire information and resource center

(1)
(a)
In order to improve protection of the public by enhancing access to information by homeowners, wildland fire professionals, the media, and educators, there is hereby created in the division the wildfire information and resource center, also referred to in this section as the "center".
(b)
The center must be operational within sixty days of May 14, 2014.
(2)
(a)
The center is an online source of wildfire information for homeowners, wildland fire professionals, the media, and educators.
(b)
The center's website must include information, or hyperlinks to information, regarding:
(I)
Current wildfires in Colorado;
(II)
How to prevent and prepare for a wildfire;
(III)
Statewide fire danger and current burning restrictions;
(IV)
Current prescribed burn activity, with contact information for the responsible agency;
(V)
Wildland and prescribed fire training;
(VI)
Sources of funding for wildfire mitigation activities; and
(VII)
Other information that the director deems pertinent, such as results of local, state, or national research related to wildfire.
(3)
The director may fulfill any of the duties contained in subsection (2) of this section through the use of public-private partnerships with one or more private or public entities.
(4)
(a)
The division is authorized to seek and accept gifts, grants, donations, or reimbursements from private or public sources for the purposes of this section.
(b)
The general assembly finds that the implementation of this section does not rely entirely or in any part on the receipt of adequate funding through gifts, grants, or donations. Therefore, the division is not subject to the notice requirements specified in section
24-75-1303(3)
.
Added by 2014 Ch. 178,§ 2, eff. 5/14/2014.
L. 2014: Entire section added, (SB 14-008), ch. 178, p. 651, § 2, effective May 14.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 33.5 - Public Safety (§§ 24-33.5-101 — 24-33.5-2704) › Part 12 - DIVISION OF FIRE PREVENTION AND CONTROL (§§ 24-33.5-1201 — 24-33.5-1239) › Section 24-33.5-1234 - Training restrictions with certain firefighting foams - penalty - exemptions - definitions

(1)
Beginning August 2, 2019, a person or fire department may not discharge or otherwise use for training purposes or for testing firefighting foam fire systems class B firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances. As used in this subsection (1), "firefighting foam fire systems" means a system designed to provide protection from fire, or for the suppression of fire, through the use of firefighting foam.
(2)
A person or fire department who administers a training program which violates subsection (1) of this section is subject to a civil penalty not to exceed five thousand dollars for each violation in the case of a first offense. A person or fire department who administers a training program which violates subsection (1) of this section repeatedly is subject to a civil penalty not to exceed ten thousand dollars for each repeat offense. Penalties collected under this section must be deposited in the local firefighter safety and disease prevention fund created in section
24-33.5-1231
.
(3)
For purposes of this section, "class B firefighting foam", "fire department", and "perfluoroalkyl and polyfluoroalkyl substances" have the same meaning as they are defined in section
25-5-1302
.
(4) to (6)
Repealed.
Amended by 2020 Ch. 139, § 1, eff. 6/29/2020.
Added by 2019 Ch. 427, § 2, eff. 8/2/2019.
L. 2019: Entire section added, (HB 19-1279), ch. 3724, p. 3724, § 2, effective August 2. L. 2020: (4), (5), and (6) added, (HB 20-1119), ch. 604, p. 604, § 1, effective June 29.
For the legislative declaration in HB 19-1279, see section 1 of chapter 427, Session Laws of Colorado 2019.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 33.5 - Public Safety (§§ 24-33.5-101 — 24-33.5-2704) › Part 12 - DIVISION OF FIRE PREVENTION AND CONTROL (§§ 24-33.5-1201 — 24-33.5-1239) › Section 24-33.5-1238 - Fire investigation fund - created - rules

(1)
The fire investigation fund, referred to in this section as the "fund", is hereby created in the state treasury. The fund consists of any money that may be appropriated to the fund by the general assembly, all private and public money received through gifts, grants, or donations that are transmitted to the state treasurer and credited to the fund, and money transferred to the fund pursuant to subsection (4) of this section. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
(2)
(a)
Subject to annual appropriation by the general assembly, the division may expend money from the fund to investigate the causes and origins of fires in the state and to:
(I)
Fund state costs associated with providing support to local fire departments in investigating the cause and origin of fires;
(II)
Reimburse fire investigators who are not employed by the division but are acting under the direction and coordination of the division at an established rate for assisting in fire cause and origin investigations outside of jurisdiction;
(III)
Ensure fire origin and cause data is accurately collected, analyzed, and disseminated; and
(IV)
Utilize the data collected as set forth in this section to more effectively prevent or mitigate future fires.
(b)
The division shall prioritize the use of money from the fund for fire investigations including but not limited to wildland, structural, vehicle, and other fires, subject to the availability of additional resources and money for such use; except that investigation of all wildland fires must be first prioritized for use of the money expended from the fund.
(3)
The director may adopt rules as necessary to implement this section.
(4)
The general assembly shall annually appropriate sufficient funds, as determined by the general assembly in the annual general appropriations act, from the general fund to the fund for use by the division to defray the costs to the division in implementing the provisions set forth in subsection (2) of this section.
Added by 2023 Ch. 173,§ 2, eff. 5/12/2023.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 33.5 - Public Safety (§§ 24-33.5-101 — 24-33.5-2704) › Part 13 - [Repealed] (§ 24-33.5-1301) › Section 24-33.5-1301 - to 24-33.5-1304 - [Repealed]

L. 99: Entire part repealed, p. 438, § 9, effective April 30.
This part 13 was added in 1987.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 33.5 - Public Safety (§§ 24-33.5-101 — 24-33.5-2704) › Part 14 - [Repealed] (§ 24-33.5-1401) › Section 24-33.5-1401 - to 24-33.5-1406 - [Repealed]

(1) This part 14 was added in 1989.
(2) Section 24-33.5-1406 provided for the repeal of this part 14, effective July 1, 2011. (See L. 2011, p. 1051.)
(3) For the amendments to § 24-33.5-1405 and the addition of § 24-33.5-1406 that were in effect from June 30, 2011, to July 1, 2011, see chapter 240, Session Laws of Colorado 2011. ( L. 2011, p. 1051.)
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 33.5 - Public Safety (§§ 24-33.5-101 — 24-33.5-2704) › Part 15 - COLORADO EMERGENCY PLANNING COMMISSION (§§ 24-33.5-1501 — 24-33.5-1507) › Section 24-33.5-1501 - Implementation of Title III of superfund act

(1)
The general assembly hereby finds and declares that the implementation of the federal "Emergency Planning and Community Right-to-Know Act of 1986",
42 U.S.C. sec. 11001
et seq., Title III of the federal "Superfund Amendments and Reauthorization Act of 1986", Pub.L. 99-499, is a matter of statewide concern.
(2)
The department of public safety is the state agency responsible for the implementation of the federal "Emergency Planning and Community Right-to-Know Act of 1986",
42 U.S.C. sec. 11001
et seq., Title III of the federal "Superfund Amendments and Reauthorization Act of 1986", Pub.L. 99-499, and regulations thereunder, as amended.
L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1115, § 17, effective July 1.
This section is similar to former § 24-32-2601 as it existed prior to 2012.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 33.5 - Public Safety (§§ 24-33.5-101 — 24-33.5-2704) › Part 15 - COLORADO EMERGENCY PLANNING COMMISSION (§§ 24-33.5-1501 — 24-33.5-1507) › Section 24-33.5-1502 - Definitions

(1)
All terms used in this part 15 have the same meaning as defined under the federal "Emergency Planning and Community Right-to-Know Act of 1986",
42 U.S.C. sec. 11001
et seq., Pub.L. 99-499, and regulations thereunder, referred to in this part 15 as the "federal act".
(2)
As used in this part 15:
(a)
"Director" means the director of the division of homeland security and emergency management created in section
24-33.5-1603
.
(b)
"Subcommittee" means the emergency planning subcommittee of the homeland security and all-hazards senior advisory committee created in section
24-33.5-1614
(3.5).
Amended by 2014 Ch. 11, § 4, eff. 2/27/2014.
L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1115, § 17, effective July 1. L. 2014: Entire section amended, (HB 14-1004), ch. 11, p. 103, § 4, effective February 27.
This section is similar to former § 24-32-2602 as it existed prior to 2012.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 33.5 - Public Safety (§§ 24-33.5-101 — 24-33.5-2704) › Part 15 - COLORADO EMERGENCY PLANNING COMMISSION (§§ 24-33.5-1501 — 24-33.5-1507) › Section 24-33.5-1503 - [Repealed]

Repealed by 2014 Ch. 11,§15, eff. 2/27/2014.
L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1115, § 17, effective July 1. L. 2014: Entire section repealed, (HB 14-1004), ch. 11, p. 108, § 15, effective February 27.
Prior to its repeal, this section was similar to former § 24-32-2603 as it existed prior to 2012.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 33.5 - Public Safety (§§ 24-33.5-101 — 24-33.5-2704) › Part 15 - COLORADO EMERGENCY PLANNING COMMISSION (§§ 24-33.5-1501 — 24-33.5-1507) › Section 24-33.5-1503.5 - Powers and duties of the director - legislative intent - rules

(1)
It is the intent of the general assembly that the director, with the advice of the subcommittee, promulgate rules pursuant to this part 15 that encourage:
(a)
Consistency between information requested by the director and the purposes of implementation of the federal act; and
(b)
Cost-effective reporting and the consideration of reasonable reporting threshold levels and reporting formats.
(2)
Consistent with the powers and duties imposed upon him or her by the federal act, or granted to it in this part 15, the director has the following powers and duties:
(a)
To adopt all reasonable rules necessary for the administration of this part 15. Such rules shall be promulgated in accordance with article
4
of this title.
(b)
To establish a uniform system for reporting and management of information required by the federal act;
(c)
To create and adopt such forms as are necessary for the uniform reporting and management of information required by the federal act, including:
(I)
A standardized tier II reporting form to replace the tier II form which is required under the federal act, and which shall be accepted by local emergency planning committees in reporting the information contained therein; and
(II)
A standardized facility contingency plan form as an addendum to the form required in subparagraph (I) of this paragraph (c), which shall be used for the collection of emergency planning information from facilities by local emergency planning committees. This form shall include space in which local emergency planning committees may require additional information of local concern.
(d)
To coordinate his or her activities with those of the Colorado state patrol relating to the transportation of hazardous materials.
Amended by 2014 Ch. 11,§ 5, eff. 2/27/2014.
L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1116, § 17, effective July 1. L. 2014: IP(1), (1)(a), IP(2), and (2)(d) amended, (HB 14-1004), ch. 11, p. 103, § 5, effective February 27.
This section is similar to former § 24-32-2603.5 as it existed prior to 2012.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 33.5 - Public Safety (§§ 24-33.5-101 — 24-33.5-2704) › Part 15 - COLORADO EMERGENCY PLANNING COMMISSION (§§ 24-33.5-1501 — 24-33.5-1507) › Section 24-33.5-1504 - Local emergency planning committees - creation and duties

(1)
The subcommittee shall designate local emergency planning districts to develop emergency response and preparedness capabilities in accordance with the federal act. The boundaries of such districts shall be the same as the boundaries of either a county, municipality, or a combination thereof.
(2)
Upon the request of the subcommittee, the primary governing body having jurisdiction over the local emergency planning district, the county commissioners, or the city council, as the case may be, shall provide nominations for membership on the local emergency planning committee. The subcommittee shall appoint members of a local emergency planning committee for each emergency planning district in accordance with the federal act. For local emergency planning districts for which no nominations have been submitted by the governing body, the subcommittee may designate either the county commissioners or city council, as the case may be, to serve as the local emergency planning committee.
(3)
Local emergency planning committees shall perform the duties described under the federal act.
(4)
Unless another entity is so designated by the governor, the subcommittee is the state emergency response commission required under the federal act.
Amended by 2014 Ch. 11,§ 6, eff. 2/27/2014.
L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1117, § 17, effective July 1. L. 2014: (1) and (2) amended and (4) added, (HB 14-1004), ch. 11, p. 104, § 6, effective February 27.
This section is similar to former § 24-32-2604 as it existed prior to 2012.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 33.5 - Public Safety (§§ 24-33.5-101 — 24-33.5-2704) › Part 15 - COLORADO EMERGENCY PLANNING COMMISSION (§§ 24-33.5-1501 — 24-33.5-1507) › Section 24-33.5-1506 - SARA Title III fund - creation - acceptance of gifts, grants, and donations

(1)
There is hereby created in the state treasury the SARA Title III fund, also referred to in this part 15 as the "fund", which shall be administered by the director. The moneys in the fund are subject to annual appropriation by the general assembly for the purposes of this part 15, including the disbursement of grants pursuant to section
24-33.5-1507
.
(2)
The director is hereby authorized to accept all moneys received from the federal government and from public or private grants, gifts, bequests, donations, and other contributions for any purpose consistent with this part 15. The moneys shall be credited to the fund.
(3)
In accordance with section
24-36-114
, all interest derived from the deposit and investment of this fund shall be credited to the general fund.
Amended by 2014 Ch. 11,§ 8, eff. 2/27/2014.
L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1118, § 17, effective July 1. L. 2014: (1) and (2) amended, (HB 14-1004), ch. 11, p. 104, § 8, effective February 27.
This section is similar to former § 24-32-2606 as it existed prior to 2012.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 33.5 - Public Safety (§§ 24-33.5-101 — 24-33.5-2704) › Part 15 - COLORADO EMERGENCY PLANNING COMMISSION (§§ 24-33.5-1501 — 24-33.5-1507) › Section 24-33.5-1507 - Application for grants - disbursements from SARA Title III fund - regulations

(1)
The office of preparedness in the division of homeland security and emergency management, created in section
24-33.5-1606.5
and referred to in this subsection (1) as the "office", shall administer all grants from the fund. The office shall accept applications from local emergency planning committees and from first responder organizations who have coordinated their request with their local emergency planning committee and shall direct those applications to the subcommittee, which shall evaluate the applications and shall recommend to the office which grants should be made for the purposes of emergency planning and emergency response, including training and planning programs and training and planning equipment as needed to carry out the purposes of this part 15.
(2)
With the advice of the subcommittee, the director shall promulgate rules prescribing the procedures to be followed in the making, filing, and evaluation of grant applications, and any other regulations necessary for administering the SARA Title III fund.
Amended by 2014 Ch. 11,§ 9, eff. 2/27/2014.
L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1118, § 17, effective July 1. L. 2014: Entire section amended, (HB 14-1004), ch. 11, p. 105, § 9, effective February 27.
This section is similar to former § 24-32-2607 as it existed prior to 2012.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 33.5 - Public Safety (§§ 24-33.5-101 — 24-33.5-2704) › Part 16 - DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT (§§ 24-33.5-1601 — 24-33.5-1624) › Section 24-33.5-1601 - Legislative declaration

(1)
The general assembly hereby finds and declares that:
(a)
The threat of terrorism in Colorado is a matter of great concern to the people of the state and affects the public interest. Therefore, this part 16 is enacted for the purpose of protecting the health, peace, safety, and welfare of the people of this state.
(b)
The terrorist attacks of September 11, 2001, in New York, Washington, D.C., and Pennsylvania, along with the subsequent sending of anthrax through the mail, the previous attempt to destroy the world trade center, and the bombing of the Alfred P. Murrah federal building in Oklahoma City, and the arson attacks in Vail, Colorado, demonstrate that no part of the United States is immune from the threat of terrorism;
(c)
Responsible public agencies must anticipate and protect against new forms of terrorism, including suicide hijacking, use of biological toxins and hazardous materials, arson, and sabotage of telecommunications networks, the food and water supply, and other critical infrastructure;
(d)
In response to the threat of terrorism, the federal government and several state governments are creating specialized agencies to coordinate efforts to prevent, protect against, respond to, recover from, and prosecute acts of terrorism. Colorado currently has no such agency, and few of Colorado's criminal laws address terrorism specifically.
(e)
In 2005, hurricane Katrina emphasized and reinforced the importance of robust emergency management systems and the need for an all-hazards approach to homeland security, increased autonomy, and responsibility for emergency management;
(f)
Coordination across disciplines, among levels of government, and with private and nongovernmental sectors is the best way to ensure that government can deliver, to the best of its collective ability, the most effective and efficient services regardless of the cause of any disaster;
(g)
A state agency should be established to coordinate Colorado's response to the threat of terrorism and other threats; facilitate tribal, state, local, and regional homeland security activities; direct homeland security-related federal funding to local governments; and share homeland security information among entities participating in homeland security activities.
L. 2002: Entire part added, p. 1206, § 6, effective June 3. L. 2012: (1)(e) amended and (1)(f) and (1)(g) added, (HB 12-1283), ch. 240, p. 1119, § 18, effective July 1.
For the legislative declaration in the 2012 act amending subsection (1)(e) and adding subsections (1)(f) and (1)(g), see section 1 of chapter 240, Session Laws of Colorado 2012.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 33.5 - Public Safety (§§ 24-33.5-101 — 24-33.5-2704) › Part 16 - DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT (§§ 24-33.5-1601 — 24-33.5-1624) › Section 24-33.5-1602 - Definitions

As used in this part 16, unless the context otherwise requires:
(1)
"Act of terrorism" has the same meaning set forth in
18 U.S.C. sec. 3077 (1)
and
28 CFR 0.85 (l)
.
(2)
"Biological agent" has the same meaning set forth in
18 U.S.C. secs. 178 (1)
and
175 (b)
.
(3)
"Chemical weapon" has the same meaning set forth in
18 U.S.C. sec. 229F (1)
.
(4)
"Critical infrastructure" means those systems and assets, whether physical or virtual, that are vital to the state of Colorado so that the incapacity or destruction of such systems and assets would have a debilitating impact on public safety, public health, or economic security.
(5)
"Destructive device" has the same meaning set forth in
18 U.S.C. sec. 921 (a)(4)
.
(6)
"Director" means the director of the division.
(7)
"Division" means the division of homeland security and emergency management created in section
24-33.5-1603
.
(8)
"Fusion center" means the program administered by the office of prevention and security, created in section
24-33.5-1606
, that serves as the primary focal point within the state for receiving, analyzing, gathering, and sharing threat-related information among federal, state, local, tribal, nongovernmental, and private sector partners.
(9)
"Homeland security advisor" means a person appointed by the governor to serve as counsel to the governor on homeland security issues and who may also serve as a liaison between the governor's office, the department of homeland security, and other homeland security and related organizations both inside and outside of the state.
(10)
"Radioactive material" means a material that produces radiation at a level that is dangerous to human health or life.
(11)
"Toxin" has the same meaning set forth in
18 U.S.C. secs. 178 (2)
and
175 (b)
.
L. 2002: Entire part added, p. 1207, § 6, effective June 3. L. 2012: (4), (5), and (6) amended and (7), (8), (9), (10), and (11) added, (HB 12-1283), ch. 240, p. 1120, § 19, effective July 1.
For the legislative declaration in the 2012 act amending subsections (4), (5), and (6) and adding subsections (7), (8), (9), (10), and (11), see section 1 of chapter 240, Session Laws of Colorado 2012.