reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › FUEL PRODUCTS (§§ 8-20-101 — 8-20.5-401) › Article 20 - FUEL PRODUCTS (§§ 8-20-101 — 8-20-1004) › Part 8 - COLORADO ANTIFREEZE LAW (§§ 8-20-801 — 8-20-812) › Section 8-20-809 - False advertising prohibited

No advertising literature relating to any antifreeze in this state shall contain any statement that the antifreeze advertised for sale has been approved by the director of the division of oil and public safety unless the said antifreeze has been inspected by the director of the division of oil and public safety and found to meet the standards of the division of oil and public safety and not to be in violation of this part 8, in which case such statement may be contained in any advertising literature where such brand or trademark of antifreeze is being advertised for sale.
L. 94: Entire part added with relocations, p. 2538, § 2, effective 1/1/1995. L. 2001: Entire section amended, p. 1124, § 36, effective June 5.
This section is similar to former § 42-10-109 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › FUEL PRODUCTS (§§ 8-20-101 — 8-20.5-401) › Article 20 - FUEL PRODUCTS (§§ 8-20-101 — 8-20-1004) › Part 8 - COLORADO ANTIFREEZE LAW (§§ 8-20-801 — 8-20-812) › Section 8-20-810 - District attorney to bring actions

Whenever the director of the division of oil and public safety discovers any antifreeze is being sold or has been sold in violation of this part 8, it is the director's duty to bring this violation to the attention of the district attorney in the director's respective district, or the attorney general in cases where the district attorney refuses to act, to enforce the provisions of this part 8 by appropriate action in courts of competent jurisdiction.
L. 94: Entire part added with relocations, p. 2538, § 2, effective 1/1/1995. L. 2001: Entire section amended, p. 1124, § 37, effective June 5.
This section is similar to former § 42-10-110 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › FUEL PRODUCTS (§§ 8-20-101 — 8-20.5-401) › Article 20 - FUEL PRODUCTS (§§ 8-20-101 — 8-20-1004) › Part 8 - COLORADO ANTIFREEZE LAW (§§ 8-20-801 — 8-20-812) › Section 8-20-811 - Disposition of fees

All fees provided for in this part 8 shall be collected by the department of revenue and remitted to the state treasurer to be credited to the general fund of the state.
L. 94: Entire part added with relocations, p. 2538, § 2, effective 1/1/1995.
This section is similar to former § 42-10-111 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › FUEL PRODUCTS (§§ 8-20-101 — 8-20.5-401) › Article 20 - FUEL PRODUCTS (§§ 8-20-101 — 8-20-1004) › Part 8 - COLORADO ANTIFREEZE LAW (§§ 8-20-801 — 8-20-812) › Section 8-20-812 - Penalty

If any person violates the provisions of this part 8, or fails to comply with any of the provisions of this part 8, such person is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars nor more than three hundred dollars for each offense.
L. 94: Entire part added with relocations, p. 2538, § 2, effective 1/1/1995.
This section is similar to former § 42-10-112 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › FUEL PRODUCTS (§§ 8-20-101 — 8-20.5-401) › Article 20 - FUEL PRODUCTS (§§ 8-20-101 — 8-20-1004) › Part 9 - BRAKE FLUID (§§ 8-20-901 — 8-20-904) › Section 8-20-901 - Sale of approved brake fluid

It is unlawful for any person, partnership, corporation, or association to sell or offer for sale brake fluid for automotive use which has not been approved by the director of the division of oil and public safety.
L. 94: Entire part added with relocations, p. 2538, § 2, effective 1/1/1995. L. 2001: Entire section amended, p. 1124, § 38, effective June 5.
This section is similar to former § 42-10-201 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › FUEL PRODUCTS (§§ 8-20-101 — 8-20.5-401) › Article 20 - FUEL PRODUCTS (§§ 8-20-101 — 8-20-1004) › Part 9 - BRAKE FLUID (§§ 8-20-901 — 8-20-904) › Section 8-20-902 - Brake fluid specifications - list of approved brands

The director of the division of oil and public safety shall establish specifications or requirements for approved-type brake fluid; but the specifications or requirements shall not be lower in standard than the specifications and requirements of the society of automotive engineers, numbered J-70 b, approved May, 1963. The director shall compile and furnish upon request a list of brands and trademarks of brake fluid inspected by the director that have been so approved.
L. 94: Entire part added with relocations, p. 2538, § 2, effective 1/1/1995. L. 2001: Entire section amended, p. 1124, § 39, effective June 5.
This section is similar to former § 42-10-202 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › FUEL PRODUCTS (§§ 8-20-101 — 8-20.5-401) › Article 20 - FUEL PRODUCTS (§§ 8-20-101 — 8-20-1004) › Part 9 - BRAKE FLUID (§§ 8-20-901 — 8-20-904) › Section 8-20-903 - District attorney to bring actions

Whenever the director of the division of oil and public safety discovers that any person, partnership, corporation, or association has sold or is offering for sale any brake fluid that does not conform to the minimum specifications established, the director shall notify the seller to immediately discontinue the sale of such nonconforming brake fluid. If such seller continues to offer the same for sale, it is the duty of the director to bring such violation to the attention of the district attorney in such respective district to enforce the provisions of this part 9 by appropriate action or injunctive relief in courts of competent jurisdiction.
L. 94: Entire part added with relocations, p. 2538, § 2, effective 1/1/1995. L. 2001: Entire section amended, p. 1124, § 40, effective June 5.
This section is similar to former § 42-10-203 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › FUEL PRODUCTS (§§ 8-20-101 — 8-20.5-401) › Article 20 - FUEL PRODUCTS (§§ 8-20-101 — 8-20-1004) › Part 9 - BRAKE FLUID (§§ 8-20-901 — 8-20-904) › Section 8-20-904 - Penalty

If any person, partnership, corporation, or association violates the provisions of this part 9, or fails to comply with any of the provisions of this part 9, such person, partnership, corporation, or association is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars nor more than three hundred dollars for each offense.
L. 94: Entire part added with relocations, p. 2539, § 2, effective 1/1/1995.
This section is similar to former § 42-10-204 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › FUEL PRODUCTS (§§ 8-20-101 — 8-20.5-401) › Article 20 - FUEL PRODUCTS (§§ 8-20-101 — 8-20-1004) › Part 10 - AMUSEMENT RIDES (§§ 8-20-1001 — 8-20-1004) › Section 8-20-1001 - Definitions

As used in this part 10, unless the context otherwise requires:
(1)
"Amusement ride" means a ride or device, or a combination of rides or devices, as defined by rule of the division; except that "amusement ride" shall not include inflatable amusement rides.
(2)
"Certificate of inspection" means documentation of an amusement ride inspection conducted by an inspector.
(3)
"Director" means the director of the division or his or her designee.
(4)
"Division" means the division of oil and public safety within the department of labor and employment.
(5)
"Injury" means an injury that results in death or requires medical treatment administered by a physician or by registered professional personnel under the standing orders of a physician. For purposes of this subsection (5), "medical treatment" does not include first aid treatment or one-time treatment and subsequent observation of minor scratches, cuts, burns, splinters, or other minor injuries that do not ordinarily require medical care even though treatment is provided by a physician or by registered professional personnel.
(6)
"Inspection" means a procedure conducted by an inspector to determine whether an amusement ride is being constructed, assembled, maintained, tested, operated, or inspected in accordance with the division's standards, the manufacturer's standards and criteria, or the insurer's standards, whichever is the most stringent, and that determines the current operational safety of the amusement ride.
(7)
"Inspector" means a person certified to inspect amusement rides under criteria determined by rule of the division.
(8)
"Operator" means an individual, corporation, or company or agent thereof who owns or controls, or has the duty to control, the operation of an amusement ride.
(9)
"Registration" means the filing of a properly completed application with the division and approval of the application by the director.
L. 2008: Entire part added, p. 1021, § 3, effective May 21.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › FUEL PRODUCTS (§§ 8-20-101 — 8-20.5-401) › Article 20 - FUEL PRODUCTS (§§ 8-20-101 — 8-20-1004) › Part 10 - AMUSEMENT RIDES (§§ 8-20-1001 — 8-20-1004) › Section 8-20-1002 - Duties of director - standards - certification of inspectors - fees - rules

(1)
The director shall promulgate rules for the registration, construction, repair, and maintenance of amusement rides and for the financial responsibility of operators. The rules shall require operators to submit a periodic certificate of inspection to the division for each amusement ride. The director shall establish minimum standards for the certification of inspectors and shall require each operator to submit the inspector's qualifications to the division with an annual registration application. The inspector for each amusement ride shall be an independent third-party inspector.
(2)
The director shall establish annual registration fees by rule to cover the costs of the division's oversight of amusement rides. All fees collected by the division pursuant to this section shall be transmitted to the state treasurer, who shall credit the same to the public safety inspection fund created by section
8-1-151
.
(3)
The director may prohibit the operation of an amusement ride that does not meet the registration, construction, repair, inspection, and maintenance requirements established by the division pursuant to subsection (1) of this section.
L. 2008: Entire part added, p. 1022, § 3, effective May 21.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › FUEL PRODUCTS (§§ 8-20-101 — 8-20.5-401) › Article 20 - FUEL PRODUCTS (§§ 8-20-101 — 8-20-1004) › Part 10 - AMUSEMENT RIDES (§§ 8-20-1001 — 8-20-1004) › Section 8-20-1003 - Notification to division

(1)
The operator of an amusement ride shall notify the division, within such times and in such manner as established by rule of the director, regarding:
(a)
Any injury caused by an equipment failure of an amusement ride;
(b)
The installation of any new amusement rides; and
(c)
The schedule for the location of the operation of amusement rides.
L. 2008: Entire part added, p. 1022, § 3, effective May 21.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › FUEL PRODUCTS (§§ 8-20-101 — 8-20.5-401) › Article 20 - FUEL PRODUCTS (§§ 8-20-101 — 8-20-1004) › Part 10 - AMUSEMENT RIDES (§§ 8-20-1001 — 8-20-1004) › Section 8-20-1004 - Rules

The director has the authority to promulgate rules as necessary for the implementation of this part 10.
L. 2008: Entire part added, p. 1022, § 3, effective May 21.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › FUEL PRODUCTS (§§ 8-20-101 — 8-20.5-401) › Article 20.5 - PETROLEUM STORAGE TANKS (§§ 8-20.5-101 — 8-20.5-401) › Part 1 - ADMINISTRATION (§§ 8-20.5-101 — 8-20.5-108) › Section 8-20.5-102 - Registration - fees

(1)
Each owner or operator of an underground or aboveground storage tank shall register such tank with the director of the division of oil and public safety within thirty days after the first day on which the tank is actually used to contain a regulated substance or, in the case of an aboveground storage tank, on or before July 1, 1993, or, thereafter, within thirty days after the first day on which the tank is actually used to contain a regulated substance. Each owner or operator shall renew such registration annually on or before the calendar day and month of initial registration for each year in which the storage tank is in use. An underground storage tank is considered to be in use at all times, except when the tank has been either removed from the ground or permanently closed in accordance with the rules promulgated pursuant to section
8-20.5-202
(1.5) that relate to the closure of such tanks.
(2)
To register or renew registration of an underground or aboveground storage tank, the owner or operator of the tank shall submit to the director of the division of oil and public safety a completed registration or renewal form and payment of the fee established in subsection (3) of this section. The director of the division of oil and public safety shall provide registration and renewal forms.
(3)
The registration and renewal fee shall be thirty-five dollars for each tank for each year. The fees collected pursuant to this subsection (3) shall be credited to the petroleum storage tank fund created in section
8-20.5-103
.
(4)
The director of the division of oil and public safety shall collect delinquent registration and renewal fees and assess a penalty of up to twice the amount of such fees and reasonable costs associated with the collection of such fees.
L. 95: Entire article added, p. 392, § 1, effective July 1. L. 2001: (1), (2), and (4) amended, p. 1125, § 42, effective June 5. L. 2007: (4) amended, p. 386, § 2, effective April 3; (1) amended, p. 981, § 3, effective July 1.
This section is similar to former § 8-20-506 as it existed prior to 1995.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › FUEL PRODUCTS (§§ 8-20-101 — 8-20.5-401) › Article 20.5 - PETROLEUM STORAGE TANKS (§§ 8-20.5-101 — 8-20.5-401) › Part 1 - ADMINISTRATION (§§ 8-20.5-101 — 8-20.5-108) › Section 8-20.5-105 - Confidentiality

(1)
Any records, reports, and information obtained from any person under the provisions of this article shall be available to the public; except that any records granted confidentiality by the director of the division of oil and public safety or a designee, or granted confidentiality under existing Colorado statutes or rules, shall remain confidential.
(2)
Any person making such confidential records available to any person or organization without authorization from the affected operator or owner commits a petty offense and shall be punished pursuant to section
18-1.3-503
.
(3)
Confidential records may be disclosed to officers, employees, or authorized representatives of the state or of the United States who have been charged with administering this article or subtitle I of the federal "Resource Conservation and Recovery Act of 1976", as amended. Such disclosure shall not constitute a waiver of confidentiality.
Amended by 2022 Ch. 421,§17, eff. 8/10/2022.
Amended by 2022 Ch. 68,§40, eff. 3/1/2022.
Amended by 2021 Ch. 462,§93, eff. 3/1/2022.
L. 95: Entire article added, p. 397, § 1, effective July 1. L. 2001: (1) amended, p. 1126, § 45, effective June 5. L. 2002: (2) amended, p. 1467, § 19, effective October 1.
(1) This section is similar to former § 25-18-106 as it existed prior to 1995.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2022 Ch. 421, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
(1) For the legislative declaration contained in the 2002 act amending subsection (2), see section 1 of chapter 318, Session Laws of Colorado 2002. (2) For the "Resource Conservation and Recovery Act of 1976", as amended, see Pub.L. 94-580, codified at 42 U.S.C. §6901 et seq.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › FUEL PRODUCTS (§§ 8-20-101 — 8-20.5-401) › Article 20.5 - PETROLEUM STORAGE TANKS (§§ 8-20.5-101 — 8-20.5-401) › Part 1 - ADMINISTRATION (§§ 8-20.5-101 — 8-20.5-108) › Section 8-20.5-106 - Injunctions

In addition to the remedies provided in this article, the director of the division of oil and public safety is authorized to apply to the district court, in the judicial district where the violation has occurred, for a temporary or permanent injunction restraining any person from violating any provision of this article, regardless of whether there is an adequate remedy at law.
L. 95: Entire article added, p. 398, § 1, effective July 1. L. 2001: Entire section amended, p. 1127, § 46, effective June 5.
This section is similar to former § 8-20-513 as it existed prior to 1995.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › FUEL PRODUCTS (§§ 8-20-101 — 8-20.5-401) › Article 20.5 - PETROLEUM STORAGE TANKS (§§ 8-20.5-101 — 8-20.5-401) › Part 2 - UNDERGROUND STORAGE TANKS (§§ 8-20.5-201 — 8-20.5-209) › Section 8-20.5-201 - Legislative declaration

The general assembly hereby finds and declares that the leakage of regulated substances from underground storage tanks constitutes a potential threat to the waters and the environment of the state of Colorado and presents a potential menace to the public health, safety, and welfare of the people of the state of Colorado and that, to that end, it is the purpose of this part 2 to establish a program for the protection of the environment and of the public health and safety by preventing and mitigating the contamination of the subsurface soil, groundwater, and surface water which may result from leaking underground storage tanks.
L. 95: Entire article added, p. 400, § 1, effective July 1.
This section is similar to former § 8-20-501 as it existed prior to 1995.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › FUEL PRODUCTS (§§ 8-20-101 — 8-20.5-401) › Article 20.5 - PETROLEUM STORAGE TANKS (§§ 8-20.5-101 — 8-20.5-401) › Part 2 - UNDERGROUND STORAGE TANKS (§§ 8-20.5-201 — 8-20.5-209) › Section 8-20.5-203 - Performance of duties by owner or operator

Duties imposed by this part 2 on the owner or the operator may be performed by either the owner or the operator. If neither the owner nor the operator performs the duties imposed by this part 2, both shall be considered in violation of this part 2.
L. 95: Entire article added, p. 402, § 1, effective July 1.
This section is similar to former § 8-20-504 as it existed prior to 1995.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › FUEL PRODUCTS (§§ 8-20-101 — 8-20.5-401) › Article 20.5 - PETROLEUM STORAGE TANKS (§§ 8-20.5-101 — 8-20.5-401) › Part 2 - UNDERGROUND STORAGE TANKS (§§ 8-20.5-201 — 8-20.5-209) › Section 8-20.5-204 - Installation and upgrading of underground storage tanks

(1)
Plans for any installation of a new underground storage tank and plans for the complete upgrading of an existing underground storage tank shall be submitted by the owner or operator of the proposed or existing underground storage tank to the director of the division of oil and public safety for approval prior to such installation or upgrading.
(2)
Plans for the installation of a new underground storage tank or for the complete upgrading of an existing underground storage tank shall be in compliance with the rules promulgated pursuant to section
8-20.5-202(1)
. The director of the division of oil and public safety or a designee shall approve or reject proposed plans and amendments thereto within twenty working days after submittal of the plan. If no action is taken by the director of the division of oil and public safety or a designee within twenty working days after submittal, the plans shall be deemed approved.
(3)
In an emergency situation the director of the division of oil and public safety shall respond to plans within twenty-four hours.
(4)
The director of the division of oil and public safety or a designee shall make an on-site inspection of every new installation and every upgrading of an existing underground storage tank prior to the operational start-up of such tank to ensure that all of the standards established in this part 2 have been met. The director of the division of oil and public safety or a designee shall complete the on-site inspection within ten calendar days prior to the anticipated operational start-up date. For the purposes of this subsection (4), a designee may be an underground storage tank inspector when licensed as such by the director of the division of oil and public safety.
(5)
All installations and inspections of underground storage tanks shall be performed in accordance with the rules promulgated by the director of the division of oil and public safety pursuant to section
8-20.5-202(1)
.
(6)
The director of the division of oil and public safety shall establish a fee to be paid by each person submitting plans pursuant to subsection (1) of this section for on-site inspection. The fees paid pursuant to this subsection (6) shall be:
(a)
Used for the administration of this section; and
(b)
No more than necessary to offset the direct costs of the inspections conducted pursuant to subsections (4) and (5) of this section, but in no event more than one hundred fifty dollars.
L. 95: Entire article added, p. 402, § 1, effective July 1. L. 2001: (1) to (5) and IP(6) amended, p. 1128, § 49, effective June 5.
This section is similar to former § 8-20-505 as it existed prior to 1995.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › FUEL PRODUCTS (§§ 8-20-101 — 8-20.5-401) › Article 20.5 - PETROLEUM STORAGE TANKS (§§ 8-20.5-101 — 8-20.5-401) › Part 2 - UNDERGROUND STORAGE TANKS (§§ 8-20.5-201 — 8-20.5-209) › Section 8-20.5-205 - More stringent requirements prohibited

(1)
No municipality, city, home rule city, city and county, county, or other political subdivision of the state shall adopt or enforce any requirement more stringent than the provisions of this part 2. This section does not apply to requirements established pursuant to the uniform fire code or the national fire protection association codes, nor does it apply to requirements established pursuant to local zoning regulations.
(2)
The limitation in subsection (1) of this section shall not apply to any municipality, city, home rule city, city and county, county, or other political subdivision of the state which has received an exemption from the committee created in section
8-20.5-104
. The committee may grant a site-specific exemption when the applicant demonstrates that such an exemption would be cost beneficial and serve the health, safety, or economic interest of its citizens based on consideration of local hydrologic, geologic, or other conditions, including location of population concentrations or commercial areas.
L. 95: Entire article added, p. 403, § 1, effective July 1.
This section is similar to former § 8-20-508 as it existed prior to 1995.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › FUEL PRODUCTS (§§ 8-20-101 — 8-20.5-401) › Article 20.5 - PETROLEUM STORAGE TANKS (§§ 8-20.5-101 — 8-20.5-401) › Part 2 - UNDERGROUND STORAGE TANKS (§§ 8-20.5-201 — 8-20.5-209) › Section 8-20.5-207 - Financial responsibility for regulated substances other than petroleum

Owners and operators of underground storage tanks containing regulated substances other than petroleum may demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damages by using any one or more of the mechanisms allowable under
40 CFR 280.95
,
280.96
,
280.97
,
280.98
,
280.99
,
280.102
, and
280.103
. Owners and operators of underground storage tanks containing regulated substances other than petroleum shall not be eligible to participate in the petroleum storage tank fund, but shall be subject to federal financial responsibility regulations.
L. 95: Entire article added, p. 406, § 1, effective July 1.
This section is similar to former § 8-20-510 as it existed prior to 1995.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › FUEL PRODUCTS (§§ 8-20-101 — 8-20.5-401) › Article 20.5 - PETROLEUM STORAGE TANKS (§§ 8-20.5-101 — 8-20.5-401) › Part 3 - ABOVEGROUND STORAGE TANKS (§§ 8-20.5-301 — 8-20.5-304) › Section 8-20.5-301 - Legislative declaration

The general assembly hereby finds and declares that the rising expense of operating and maintaining aboveground storage tanks, including but not limited to the cost of liability insurance, has resulted in the discontinuance of business by several small gasoline service station operators and imposes an increasing hardship on those service stations still in operation. The general assembly further finds that the viability of aboveground storage tanks is being recognized and that rules and regulations for aboveground storage tanks have been promulgated and endorsed by the western fire chiefs association's uniform fire code committee and the national fire protection association's automotive and service station code committee. The general assembly further finds that aboveground storage tanks for fuel products are feasible and economical and should be permitted under certain narrowly drawn circumstances.
L. 95: Entire article added, p. 411, § 1, effective July 1.
This section is similar to former § 8-20-701 as it existed prior to 1995.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › FUEL PRODUCTS (§§ 8-20-101 — 8-20.5-401) › Article 20.5 - PETROLEUM STORAGE TANKS (§§ 8-20.5-101 — 8-20.5-401) › Part 3 - ABOVEGROUND STORAGE TANKS (§§ 8-20.5-301 — 8-20.5-304) › Section 8-20.5-302 - Duties of director of division of oil and public safety - rules

(1)
The director of the division of oil and public safety shall make, promulgate, and enforce rules for aboveground storage tanks installed before July 1, 1993, which rules shall be no more stringent than the rules in place on the date of installation, except as mandated by federal spill prevention, control, and countermeasures regulations promulgated by the United States environmental protection agency.
(2)
The director of the division of oil and public safety shall make, promulgate, and enforce rules concerning the design, construction, installation, and operation of aboveground storage tanks permitted to be used and installed on or after July 1, 1993, which rules shall be no more stringent, either substantially or procedurally, than the requirements contained in the current edition of the national fire code published by the national fire protection association, as revised by the association from time to time, and in spill prevention control and countermeasures regulations promulgated by the United States environmental protection agency.
(3)
Within one hundred twenty days after January 1, 2008, the director of the division of oil and public safety shall promulgate, and the division shall enforce, rules concerning the placement of aboveground storage tanks that contain renewable fuels. Such rules shall be promulgated with the purpose of developing a uniform statewide standard of issuing permits for aboveground storage tanks to promote the use of renewable fuels so that the process of obtaining a permit for an aboveground storage tank that contains renewable fuels may be more efficient and affordable.
L. 95: Entire article added, p. 411, § 1, effective July 1. L. 2001: Entire section amended, p. 1132, § 53, effective June 5. L. 2007: (3) added, p. 1760, § 6, effective June 1.
This section is similar to former § 8-20-703 as it existed prior to 1995.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › FUEL PRODUCTS (§§ 8-20-101 — 8-20.5-401) › Article 20.5 - PETROLEUM STORAGE TANKS (§§ 8-20.5-101 — 8-20.5-401) › Part 4 - [Repealed] UNDERGROUND STORAGE TANKS INSTALLERS (§ 8-20.5-401) › Section 8-20.5-401 - to 8-20.5-407 - [Repealed]

(1) This part 4 was added with relocations in 1995 containing relocated provisions of some sections formerly located in part 6 of article
20
of this title and was not amended prior to its repeal in 1996.
(2) Section 8-20.5-407 provided for the repeal of this part 4, effective July 1, 1996. (See L. 95, p. 418.)
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › WORKERS COMPENSATION (§§ 8-40-101 — 8-47-209) › Article 40 - GENERAL PROVISIONS (§§ 8-40-101 — 8-40-302) › Part 1 - SHORT TITLE - LEGISLATIVE DECLARATION (§§ 8-40-101 — 8-40-102) › Section 8-40-101 - Short title

Articles
40
to
47
of this title shall be known and may be cited as the "Workers' Compensation Act of Colorado".
L. 90: Entire article R&RE, p. 468, § 1, effective July 1.
This section is similar to former § 8-40-101 as it existed prior to 1990.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › WORKERS COMPENSATION (§§ 8-40-101 — 8-47-209) › Article 40 - GENERAL PROVISIONS (§§ 8-40-101 — 8-40-302) › Part 1 - SHORT TITLE - LEGISLATIVE DECLARATION (§§ 8-40-101 — 8-40-102) › Section 8-40-102 - Legislative declaration

(1)
It is the intent of the general assembly that the "Workers' Compensation Act of Colorado" be interpreted so as to assure the quick and efficient delivery of disability and medical benefits to injured workers at a reasonable cost to employers, without the necessity of any litigation, recognizing that the workers' compensation system in Colorado is based on a mutual renunciation of common law rights and defenses by employers and employees alike.
(2)
The general assembly hereby finds that the determination of whether an individual is an employee for purposes of the "Workers' Compensation Act of Colorado" is subject to a great deal of speculation and litigation. It is the intent of the general assembly to provide an easily ascertainable standard for determining whether an individual is an employee. In order to further this objective, the test for determining whether an individual is an employee for the purposes of the "Workers' Compensation Act of Colorado" shall be based on the nine criteria found in section
8-40-202(2)(b)(II)
which shall supersede the common law. The fact that an individual performs services exclusively or primarily for another shall not be conclusive evidence that the individual is an employee.
L. 90: Entire article R&RE, p. 468, § 1, effective July 1. L. 91: Entire section amended, p. 1291, § 3, effective July 1. L. 93: Entire section amended, p. 355, § 1, effective April 12. L. 95: (2) amended, p. 343, § 1, effective July 1.
This section is similar to former § 8-40-101.5 as it existed prior to 1990.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › WORKERS COMPENSATION (§§ 8-40-101 — 8-47-209) › Article 40 - GENERAL PROVISIONS (§§ 8-40-101 — 8-40-302) › Part 2 - DEFINITIONS (§§ 8-40-201 — 8-40-203) › Section 8-40-203 - Employer

(1)
"Employer" means:
(a)
The state, and every county, city, town, and irrigation, drainage, and school district and all other taxing districts therein, and all public institutions and administrative boards thereof without regard to the number of persons in the service of any such public employer. All such public employers shall be at all times subject to the compensation provisions of articles
40
to
47
of this title.
(b)
Every person, association of persons, firm, and private corporation, including any public service corporation, personal representative, assignee, trustee, or receiver, who has one or more persons engaged in the same business or employment, except as otherwise expressly provided in articles
40
to
47
of this title, in service under any contract of hire, express or implied.
(c)
Repealed.
L. 90: Entire article R&RE, p. 473, § 1, effective July 1. L. 91: (1)(c) repealed, p. 1294, § 5, effective July 1.
This section is similar to former § 8-41-105 as it existed prior to 1990.
For the scope of the term "employer", see § 8-40-302.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › WORKERS COMPENSATION (§§ 8-40-101 — 8-47-209) › Article 41 - COVERAGE AND LIABILITY (§§ 8-41-101 — 8-41-505) › Part 1 - ABROGATION OF DEFENSE (§§ 8-41-101 — 8-41-104) › Section 8-41-101 - Assumption of risk - negligence of employee or fellow servant

(1)
In an action to recover damages for a personal injury sustained by an employee while engaged in the line of duty, or for death resulting from personal injuries so sustained, in which recovery is sought upon the ground of want of ordinary care of the employer, or of the officer, agent, or servant of the employer, it shall not be a defense:
(a)
That the employee, either expressly or impliedly, assumed the risk of the hazard complained of as due to the employer's negligence;
(b)
That the injury or death was caused, in whole or in part, by the want of ordinary care of a fellow servant;
(c)
That the injury or death was caused, in whole or in part, by the want of ordinary care of the injured employee where such want of care was not willful.
L. 90: Entire article R&RE, p. 476, § 1, effective July 1.
This section is similar to former § 8-42-101 as it existed prior to 1990.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › WORKERS COMPENSATION (§§ 8-40-101 — 8-47-209) › Article 41 - COVERAGE AND LIABILITY (§§ 8-41-101 — 8-41-505) › Part 1 - ABROGATION OF DEFENSE (§§ 8-41-101 — 8-41-104) › Section 8-41-102 - Liability of employer complying

An employer who has complied with the provisions of articles
40
to
47
of this title, including the provisions relating to insurance, shall not be subject to the provisions of section
8-41-101
; nor shall such employer or the insurance carrier, if any, insuring the employer's liability under said articles be subject to any other liability for the death of or personal injury to any employee, except as provided in said articles; and all causes of action, actions at law, suits in equity, proceedings, and statutory and common law rights and remedies for and on account of such death of or personal injury to any such employee and accruing to any person are abolished except as provided in said articles.
L. 90: Entire article R&RE, p. 476, § 1, effective July 1.
This section is similar to former § 8-42-102 as it existed prior to 1990.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › WORKERS COMPENSATION (§§ 8-40-101 — 8-47-209) › Article 41 - COVERAGE AND LIABILITY (§§ 8-41-101 — 8-41-505) › Part 1 - ABROGATION OF DEFENSE (§§ 8-41-101 — 8-41-104) › Section 8-41-103 - Availability of common-law defenses

If an employer has complied with the provisions of articles
40
to
47
of this title, including the provisions thereof relating to insurance, and an action is brought against such employer or such employer's insurance carrier to recover damages for personal injuries or death sustained by an employee who has elected not to come under said articles, such employer and such employer's insurance carrier shall have all the defenses to the action which they would have had if said articles and part 2 of article
2
of this title had not been enacted.
L. 90: Entire article R&RE, p. 476, § 1, effective July 1.
This section is similar to former § 8-42-103 as it existed prior to 1990.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › WORKERS COMPENSATION (§§ 8-40-101 — 8-47-209) › Article 41 - COVERAGE AND LIABILITY (§§ 8-41-101 — 8-41-505) › Part 1 - ABROGATION OF DEFENSE (§§ 8-41-101 — 8-41-104) › Section 8-41-104 - Acceptance as surrender of other remedies

An election under the provisions of section
8-40-302 (5)
and in compliance with the provisions of articles
40
to 47 of this title, including the provisions for insurance, shall be construed to be a surrender by the employer, such employer's insurance carrier, and the employee of their rights to any method, form, or amount of compensation or determination thereof or to any cause of action, action at law, suit in equity, or statutory or common-law right, remedy, or proceeding for or on account of such personal injuries or death of such employee other than as provided in said articles, and shall be an acceptance of all the provisions of said articles, and shall bind the employee personally, and, for compensation for such employee's death, the employee's personal representatives, surviving spouse, and next of kin, as well as the employer, such employer's insurance carrier, and those conducting their business during bankruptcy or insolvency.
L. 90: Entire article R&RE, p.
47
6, § 1, effective July 1.
This section is similar to former § 8-43-104 as it existed prior to 1990.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › WORKERS COMPENSATION (§§ 8-40-101 — 8-47-209) › Article 41 - COVERAGE AND LIABILITY (§§ 8-41-101 — 8-41-505) › Part 2 - COVERAGE (§§ 8-41-201 — 8-41-212) › Section 8-41-201 - Not applicable to common carriers

The provisions of articles
40
to
47
of this title shall not apply to common carriers by railroad but shall apply to all other employers as defined in said articles engaged in intrastate or interstate commerce, or both, except those employers, other than the Colorado division of civil air patrol, for whom a rule of liability is established by the laws of the United States.
L. 90: Entire article R&RE, p. 477, § 1, effective July 1.
This section is similar to former § 8-41-107 as it existed prior to 1990.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › WORKERS COMPENSATION (§§ 8-40-101 — 8-47-209) › Article 41 - COVERAGE AND LIABILITY (§§ 8-41-101 — 8-41-505) › Part 2 - COVERAGE (§§ 8-41-201 — 8-41-212) › Section 8-41-202 - Rejection of coverage by corporate officers and others

(1)
Notwithstanding any provisions of articles
40
to
47
of this title to the contrary, a corporate officer of a corporation or a member of a limited liability company may elect to reject the provisions of articles
40
to
47
of this title. If so elected, said corporate officer or member shall provide written notice on a form approved by the division through a rule promulgated by the director of such election to the worker's compensation insurer of the employing corporation or company, if any, by certified mail. If there is no workers' compensation insurance company, the notice shall be provided to the division by certified mail. Such notice shall become effective the day following receipt of said notice by the insurer or the division.
(2)
A corporate officer's or member's election to reject the provisions of articles
40
to
47
of this title shall continue in effect so long as the corporation's or company's insurance policy is in effect or until said officer or member, by written notice to the insurer, revokes the election to reject said provisions.
(3)
Nothing in this section shall be construed to limit the responsibility of corporations or limited liability companies to provide coverage for their employees as required under articles
40
to
47
of this title. An election to reject coverage pursuant to this section may not be made a condition of employment.
(4)
For the purposes of this section:
(a)
"Corporate officer" means the chairperson of the board, president, vice-president, secretary, or treasurer who is an owner of at least ten percent of the stock of the corporation and who controls, supervises, or manages the business affairs of the corporation, as attested to by the secretary of the corporation at the time of the election.
(b)
"Member" means an owner of at least ten percent of the membership interest of the limited liability company at all times and who controls, supervises, or manages the business affairs of the limited liability company.
L. 90: Entire article R&RE, p. 477, § 1, effective July 1. L. 93: Entire section amended, p. 386, § 1, effective April 19. L. 96: (1) and (4) amended, p. 646, § 1, effective May 1.
This section is similar to former § 8-41-106.5 as it existed prior to 1990.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › WORKERS COMPENSATION (§§ 8-40-101 — 8-47-209) › Article 41 - COVERAGE AND LIABILITY (§§ 8-41-101 — 8-41-505) › Part 2 - COVERAGE (§§ 8-41-201 — 8-41-212) › Section 8-41-204 - Injury outside of state - benefits in accordance with state law

If an employee who has been hired or is regularly employed in this state receives personal injuries in an accident or an occupational disease arising out of and in the course of such employment outside of this state, the employee, or such employee's dependents in case of death, shall be entitled to compensation according to the law of this state. This provision shall apply only to those injuries received by the employee within six months after leaving this state, unless, prior to the expiration of such six-month period, the employer has filed with the division notice that the employer has elected to extend such coverage for a greater period of time.
L. 90: Entire article R&RE, p. 478, § 1, effective July 1.
This section is similar to former § 8-46-204 as it existed prior to 1990.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › WORKERS COMPENSATION (§§ 8-40-101 — 8-47-209) › Article 41 - COVERAGE AND LIABILITY (§§ 8-41-101 — 8-41-505) › Part 2 - COVERAGE (§§ 8-41-201 — 8-41-212) › Section 8-41-205 - Waiver of compensation by employee - approval required - exception

No waiver of compensation or medical benefits by an employee for aggravation of any preexisting condition or disease shall be allowed under articles
40
to
47
of this title. This section, however, shall not invalidate any such waiver so filed and approved prior to March 1, 1977, under the provisions of the "Colorado Occupational Disease Disability Act", which was repealed effective September 1, 1975.
L. 90: Entire article R&RE, p. 479, § 1, effective July 1.
This section is similar to former § 8-51-113 as it existed prior to 1990.
For the historical record of the "Colorado Occupational Disease Disability Act", see article 60 of this title 8, as contained in the original Volume 3, Colorado Revised Statutes 1973, as amended through L. 75.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › WORKERS COMPENSATION (§§ 8-40-101 — 8-47-209) › Article 41 - COVERAGE AND LIABILITY (§§ 8-41-101 — 8-41-505) › Part 2 - COVERAGE (§§ 8-41-201 — 8-41-212) › Section 8-41-206 - Disability beginning five years after injury

Any disability beginning more than five years after the date of injury shall be conclusively presumed not to be due to the injury, except in cases of disability or death resulting from exposure to radioactive materials, substances, or machines or to fissionable materials, or any type of malignancy caused thereby, or from poisoning by uranium or its compounds, or from asbestosis, silicosis, or anthracosis.
L. 90: Entire article R&RE, p. 479, § 1, effective July 1.
This section is similar to former § 8-52-106 as it existed prior to 1990.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › WORKERS COMPENSATION (§§ 8-40-101 — 8-47-209) › Article 41 - COVERAGE AND LIABILITY (§§ 8-41-101 — 8-41-505) › Part 2 - COVERAGE (§§ 8-41-201 — 8-41-212) › Section 8-41-207 - Death after two years

In case death occurs more than two years after the date of receiving any injury, such death shall be prima facie presumed not to be due to such injury; such presumption shall not apply in cases of silicosis, asbestosis, anthracosis, or disability or death resulting from exposure to radioactive materials, substances, or machines or to fissionable materials, or any type of malignancy caused thereby, or from poisoning by uranium or its compounds. In all other cases, such presumption may be rebutted by competent evidence.
L. 90: Entire article R&RE, p. 479, § 1, effective July 1.
This section is similar to former § 8-50-110 as it existed prior to 1990.