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 24-33.5-1203 - Duties of division

(1)
The division shall perform the following duties:
(a)
Assist units of local government charged with fire prevention, fire protection, fire investigation, and emergency medical services in coordinating their activities with state departments and agencies which have similar responsibilities;
(a.5)
Assist units of local government charged with the construction, maintenance, and inspection of public school and local district college buildings in coordinating their activities with state departments and agencies that have similar responsibilities;
(b)
Advise the governor and the general assembly regarding the problems of fire safety;
(b.5)
Advise the governor and the general assembly regarding implementation of the public school construction and inspection program and the health facility construction and inspection program;
(c)
Regarding problems of fire safety which are common to local, state, and federal governmental units, including but not limited to hazardous waste, protective equipment for firefighters, flammable and toxic characteristics of materials during combustion, fire incident reporting, emergency medical incident reporting, and investigation of fires, be available to assist in the solution of those problems, serve as an information clearinghouse, and collect and disseminate to local governments, the general assembly, and the general public statistical and research reports which are of interest to them;
(d)
Refer local fire departments to appropriate state and federal agencies for advice, assistance, and services regarding their specific problems;
(e)
Perform such research as is necessary to carry out the functions of the division;
(f)
Encourage and, when so requested, assist in cooperative efforts among the officials of various local fire departments to solve common problems;
(g)
Encourage the conduct of and participate in training institutes, conferences, and programs for local government officials and employees in the area of fire services;
(h)
Upon the request of local government officials, provide technical assistance in defining and developing solutions to local fire safety problems including, but not limited to, fireworks statutes; electrical hazards; public education programs; regulations concerning explosives; inspection of facilities when the performance of the inspections is the statutory duty of another state agency; hazardous materials storage, handling, and transportation; and volatile, flammable, and carcinogenic materials;
(i)
Coordinate fire service education and training programs, hazardous materials responder training programs, and firefighter and hazardous materials responder certification programs, which shall be available statewide;
(j)
Administer the certification programs for firefighters and hazardous materials responders, providing office space, equipment, and the services of a clerical staff as necessary for the carrying out of the intent of this part 12;
(k)
Train and instruct firefighters in subjects relating to the fire service; coordinate fire service-related education and training classes, programs, conferences, and seminars; and train and instruct, or coordinate the training of, hazardous materials responders; except that all training related to terrorism shall be coordinated with the division of homeland security and emergency management created in part 16 of this article;
(l)
Receive and accept gifts, funds, grants, bequests, and services for use in the function of the division;
(m)
To help ensure that communities and firefighters have sufficient resources, technical support, and training to adequately assess wildfire risks, increase upgrades on federal excess property fire engines on loan to local fire departments; increase technical assistance in wildland fire preparedness to counties and fire protection districts; and, in conjunction with the wildfire preparedness plan created pursuant to section
24-33.5-1227
, ensure that state fire-fighting equipment such as fire engines and air tankers is fully operational and available to and coordinated with the equipment capacities of local fire departments and fire protection districts, and that personnel are fully trained in its use;
(n)
Administer a uniform statewide reporting system for fires, hazardous materials incidents, emergency medical service incidents, and other incidents to which fire departments respond;
(o)
Repealed.
(p)
Conduct construction plan reviews and inspect public school and local district college buildings and structures and enforce the codes adopted in accordance with sections
22-32-124 (2)
and
23-71-122 (1)(v)
, C.R.S., and sections
24-33.5-1213
and
24-33.5-1213.3
;
(p.5)
When there is no local building department or fire department, or for facilities certified or potentially eligible for certification by the federal centers for medicare and medicaid services, conduct construction plan reviews and inspections of health facility buildings and structures, enforce the codes in accordance with sections
24-33.5-1212.5
and
24-33.5-1213
, and issue certificates of compliance for such buildings and structures;
(q)
Provide training in accordance with section
24-33.5-1212
to directors of certain fire protection districts created pursuant to part 1 of article
1
of title
32
, C.R.S.;
(r)
Certify building inspectors to conduct building inspections for public school and local district college buildings;
(s)
Pursuant to section
24-33.5-1213.4
, assist school districts and schools in implementing the school response framework set forth in section
22-32-109.1 (4)
, C.R.S., advise school districts and schools concerning all-hazard exercises and drills for school buildings and the interoperability of school communications systems with state and local emergency personnel, and, in collaboration with the office of information technology created in section
24-37.5-103
, the school safety resource center created in section
24-33.5-1803
, and other government entities and community partners, provide information to school districts and schools concerning emergency preparedness;
(t)
Implement a prescribed burning program, including conducting prescribed burning on any area in the state pursuant to section
24-33.5-1217
. The division shall conduct such prescribed burning program in cooperation with local, state, or federal agencies, private persons, or concerns.
(u)
Establish and maintain the Colorado firefighting air corps established under section
24-33.5-1228
;
(v)
Administer the funding and payment of death benefits for seasonal wildland firefighters in accordance with section
24-33.5-1229
;
(w)
Establish and operate the wildfire information and resource center created in section
24-33.5-1230
;
(x)
Establish and maintain a statewide fire dispatch center to ensure rapid response of fire-based resources to emerging wildfire and all-hazard incidents in support of local, county, state, and federal agencies in Colorado;
(y)
(I)
(A)
On or before January 1, 2025, the division shall adopt and enforce an energy code that achieves equivalent or better energy performance than the 2021 international energy conservation code and the model electric ready and solar ready code language developed for adoption by the energy code board pursuant to section
24-38.5-401 (5)
. This energy code must apply to the buildings described in sections
22-32-124 (2)
,
23-71-122 (1)(v)
, and
24-33.5-1212.5
.
(B)
On or before January 1, 2030, the division shall adopt and enforce an energy code that achieves equivalent or better energy and carbon emissions performance than the model low energy and carbon code developed for adoption by the energy code board pursuant to section
24-38.5-401 (6)
. This energy code must apply to the buildings described in sections
22-32-124 (2)
,
23-71-122 (1)(v)
,
24-33.5-1212.5
,
24-33.5-1213.3
, and
24-33.5-1213.5
.
(II)
Notwithstanding any other provision of this subsection (1)(y), the division may make any amendments to an energy code that the division deems appropriate, so long as the amendments do not decrease the effectiveness or energy efficiency of the energy code.
(III)
Nothing in this subsection (1)(y) restricts the ability of an investor-owned utility with approval from the public utilities commission to:
(A)
Provide incentives or other energy efficiency program services to help the division or builders comply with the requirements of this subsection (1)(y); or
(B)
Earn shareholder incentives and claim credits toward its regulatory requirements for energy or greenhouse gas emissions savings achieved as a result of incentives provided by the utility to help the division or builders comply with the requirements of this subsection (1)(y).
(IV)
A utility not subject to regulation by the public utilities commission may provide incentives as they so choose to assist the division or any builders in complying with the requirements of this subsection (1)(y).
(V)
(A)
A utility may count mass-based emissions reductions associated with the requirements of this subsection (1)(y) towards compliance with its requirements under section
25-7-105 (1)(e)
(X.7) or (1)(e)(X.8), section
40-3.2-108 (3)(b)
, or any similar greenhouse gas emissions reduction program or set of requirements.
(B)
A utility subject to regulation by the public utilities commission shall not count energy savings or greenhouse gas emissions reductions achieved through the requirements of this incentive established pursuant to sections
40-3.2-103 (2)(d)
and
40-3.2-104 (5)
if the utility has not provided a financial investment for code adoption as documented in a plan approved by the commission.
(2)
The duties and functions of the division set forth in this part 12, including duties and functions pertaining to fire service education, training, and certification, apply to prescribed fires, wildfires, and wildland fire-related activities.
Amended by 2022 Ch. 301, § 6, eff. 6/2/2022.
Amended by 2022 Ch. 173, § 7, eff. 5/17/2022.
Amended by 2019 Ch. 413, § 6, eff. 7/1/2021.
Amended by 2016 Ch. 324, § 5, eff. 8/10/2016.
Amended by 2014 Ch. 178, § 1, eff. 5/14/2014.
Amended by 2014 Ch. 41, § 3, eff. 3/20/2014.
Amended by 2013 Ch. 412, § 1, eff. 6/5/2013.
Amended by 2013 Ch. 250, § 8, eff. 5/23/2013.
Amended by 2013 Ch. 249, § 5, eff. 5/23/2013.
Amended by 2013 Ch. 24, § 2, eff. 3/14/2013.
L. 83: Entire article added, p. 958, § 1, effective 7/1/1984. L. 93: (1)(i) to (1)(l) added, p. 556, § 1, effective April 30. L. 99: (1)(i) and (1)(k) amended, p. 436, § 4, effective April 30. L. 2002: (1)(k) amended and (1)(m), (1)(n), and (1)(o) added, p. 1205, § 4, effective June 3. L. 2006: (1)(p) added, p. 1363, § 6, effective July 1. L. 2008: (1)(p) amended, p. 1093, § 3, effective August 5; (1)(q) added, p. 1503, § 1, effective August 5. L. 2009: (1)(a.5), (1)(b.5), and (1)(r) added and (1)(p) amended, (HB 09-1151), ch. 230, p. 1054, § 4, effective 1/1/2010. L. 2011: (1)(s) added, (SB 11-173), ch. 1516, p. 1516, § 4, effective June 10; (1)(i) and (1)(j) amended, (SB 11-251), ch. 1045, p. 1045, § 8, effective June 30. L. 2012: (1)(h) amended, (HB 12-1059), ch. 1436, p. 1436, § 16, effective July 1; (1)(k) and (1)(m) amended, (1)(o) repealed, and (2) added, (HB12-1283), ch. 1107, p. 1107, § 13, effective July 1; (1)(b.5) amended and (1)(p.5) added, (HB 12-1268), ch. 1028, p. 1028, § 7, effective 7/1/2013. L. 2013: (1)(m) amended, (SB 13-270), ch. 1317, p. 1317, § 8, effective May 23; (1)(t) added, (SB 13-083), ch. 1302, p. 1302, § 5, effective May 23; (1)(u) added, (SB 13-245), ch. 2446, p. 2446, § 1, effective June 5. L. 2014: (1)(v) added, (SB 14 -047), ch. 207, p. 207, § 3, effective March 20; (1)(w) added, (SB 14-008), ch. 651, p. 651, § 1, effective May 14. L. 2016: (1)(h), (1)(i), (1)(j), and (1)(k) amended, (HB 16-1034), ch. 1315, p. 1315, § 5, effective August 10. L. 2019: (1)(p.5) amended, (HB 19-1237), ch. 3638, p. 3638, § 6, effective 7/1/2021.
Section 15 of chapter 234, Session Laws of Colorado 2012, provides that the amendments to subsection (1)(b.5) and the enactment of subsection (1)(p.5) are effective July 1, 2013, only if the division of fire prevention and control in the department of public safety notifies the revisor of statutes in writing, by June 30, 2013, that the secretary of the United States department of health and human services has granted approval of the revised agreement entered into between said secretary and the state of Colorado. (See L. 2012, p. 1033 and L. 2013, p. 57 .) The revisor of statutes received such notification on May 29, 2013.
(1) For the legislative declaration in the 2011 act adding subsection (1)(s), see section 1 of chapter 310, Session Laws of Colorado 2011. For the legislative declaration in the 2012 act amending subsections (1)(k) and (1)(m), repealing subsection (1)(o), and adding subsection (2), see section 1 of chapter 240, Session Laws of Colorado 2012. (2) In 2013, subsection (1)(t) 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. (3) For the legislative declaration in SB 14-047, see section 1 of chapter 41, Session Laws of Colorado 2014.