(1) In addition to any other powers granted by the general assembly, the board of county commissioners of each county has the power to adopt ordinances to provide for minimum fire safety standards which shall be modeled upon those contained in the uniform fire code, including the table of contents, indices, appendices, and tables, as promulgated by the international conference of building officials, the international fire code institute, and the western fire chiefs association.
(2) A board of county commissioners may adopt such ordinances only after it has approved the formation of and received the recommendations of a permanent commission, to be known as the fire code adoption and revision commission. The commission shall consist of the board or its designees, the fire chiefs whose departments or districts lie partially or wholly within the portion of the affected county encompassed by the proposed fire code, and such other members as the board may appoint. Members of the commission appointed by the board shall serve at the pleasure of the board. Members of the commission shall receive no compensation or reimbursement of expenses for their services on the commission.
(3) Such ordinances shall apply to all or a portion of the unincorporated area of the county and any incorporated town or city which elects by ordinance or resolution to have the provisions thereof apply.
(4) A fire protection district or county improvement district providing fire protection services may propose fire code provisions for its district that may be different from the minimum fire safety standards adopted by the county. Such provisions shall be effective within the petitioning fire protection district or county improvement district providing fire protection services only upon the approval of the board.
(5) No fire code provisions adopted pursuant to this section shall apply within any municipality unless the governing body of the municipality adopts a resolution stating that such provisions shall be applicable within its boundaries.
(6) The provisions of subsection (3) of this section shall not apply to farms or ranches.
(7) Fire protection districts organized pursuant to article 1 of title 32, C.R.S., and county improvement districts providing fire protection services organized pursuant to part 5 of article 20 of this title shall enforce the fire safety standards adopted by county ordinances within the fire district's jurisdiction. The county commissioners may contract with an enforcement agency for areas of the county not receiving fire protection.
(8) Nothing in this section shall be construed to affect the validity of any ordinance adopted by a board of county commissioners before July 1, 1985.
(9) Nothing in this section shall be construed to require a board of county commissioners to provide fire protection services to any area of the county or to require a board of county commissioners to adopt fire safety standards.
(10) Notwithstanding any other provision of this section, no fire protection district shall prohibit the sale of permissible fireworks, as defined in section 24-33.5-2001 (11), within its jurisdiction.
Source: L. 85: Entire section added, p. 1061, � 1, effective July 1. L. 90: (4) and (7) amended, p. 1459, � 3, effective March 22. L. 96: (1) amended and (10) added, p. 282, � 1, effective April 11. L. 2007: (10) amended, p. 493, � 3, effective August 3. L. 2017: (10) amended, (SB 17-222), ch. 245, p. 1028, � 5, effective August 9.
30-15-401.7. Determination of fire hazard area - community wildfire protection plans - adoption - legislative declaration - definitions. (1) (a) The general assembly hereby finds, determines, and declares that:
(I) Community wildfire protection plans, or CWPPs, are authorized and defined in section 101 of Title I of the federal Healthy Forests Restoration Act of 2003, Pub.L. 108-148, referred to in this section as HFRA. Title I of HFRA authorizes the secretaries of agriculture and the interior to expedite the development and implementation of hazardous fuel reduction projects on federal lands managed by the United States forest service and the bureau of land management when these agencies meet certain conditions. HFRA emphasizes the need for federal agencies to work collaboratively with local communities in developing hazardous fuel reduction projects, placing priority on treatment areas identified by the local communities themselves in a CWPP. The wild land-urban interface area is one of the identified property areas that qualify under HFRA for the use of this expedited environmental review process.
(II) The development of a CWPP can assist a local community in clarifying and refining its priorities for the protection of life, property, and critical infrastructure in its wildland-urban interface area. The CWPP brings together diverse federal, state, and local interests to discuss their mutual concerns for public safety, community sustainability, and natural resources. The CWPP process offers a positive, solution-oriented environment in which to address challenges such as local fire-fighting capability, the need for defensible space around homes and housing developments, and where and how to prioritize land management on both federal and nonfederal lands. CWPPs can be as simple or complex as a local community desires.
(III) The adoption of a CWPP brings many benefits to the state and adopting local community, including:
(A) The opportunity to establish a locally appropriate definition and boundary for the wildland-urban interface area;
(B) The opportunity to study the effect of fire ratings and combustibility standards for building materials used in wildland-urban interface areas;
(C) The establishment of relations with other state and local government officials, local fire chiefs, state and national fire organizations, federal land management agencies, private homeowners, electric, gas, and water utility providers in the subject area, and community groups, thereby ensuring collaboration among these groups in initiating a planning dialogue and facilitating the implementation of priority actions across ownership boundaries;
(D) Specialized natural resource knowledge and technical expertise relative to the planning process, particularly in the areas of global positioning systems and mapping, vegetation management, assessment of values and risks, and funding strategies; and
(E) Statewide leadership in developing and maintaining a list or map of communities at risk within the state and facilitating work among federal and local partners to establish priorities for action.
(IV) CWPPs give priority to projects that provide for the protection of at-risk communities or watersheds or that implement recommendations in the CWPP.
(V) CWPPs assist local communities in influencing where and how federal agencies implement fuel reduction projects on federal lands and how additional federal funds may be distributed for projects on nonfederal lands, and in determining the types and methods of treatment that, if completed, would reduce the risk to the community.
(VI) The development of CWPPs promotes economic opportunities in rural communities.
(b) By enacting this section, the general assembly intends to facilitate and encourage the development of CWPPs in counties with fire hazard areas in their territorial boundaries and to provide more statewide uniformity and consistency with respect to the content of CWPPs in counties needing protection against wildfires.
(2) As used in this section, unless the context otherwise requires:
(a) CWPP means a community wildfire protection plan as authorized and defined in section 101 of Title I of the federal Healthy Forests Restoration Act of 2003, Pub.L. 108-148.
(b) Fire hazard area means an area mapped by the Colorado state forest service, identified in section 23-31-302, C.R.S., as facing a substantial and recurring risk of exposure to severe fire hazards.
(3) (a) Not later than January 1, 2011, the board of county commissioners of each county, with the assistance of the state forester, shall determine whether there are fire hazard areas within the unincorporated portion of the county.
(b) Not later than one hundred eighty days after determining there are fire hazard areas within the unincorporated portion of a county, the board of county commissioners, in collaboration with the representatives of the organizations or entities enumerated in section 23-31-312 (3), C.R.S., that established the guidelines and criteria, shall prepare a CWPP for the purpose of addressing wildfires in fire hazard areas within the unincorporated portion of the county. In preparing the CWPP, the board shall consider the guidelines and criteria established by the state forester and such representatives pursuant to section 23-31-312 (3), C.R.S.
(c) Notwithstanding any other provision of this section, a county that has already prepared a CWPP or an equivalent plan as of August 5, 2009, and, in connection with such preparation, considered the guidelines and criteria established by the state forester and designated representatives pursuant to section 23-31-312 (3), C.R.S., shall not be required to prepare a new CWPP to satisfy the requirements of this section.
Source: L. 2009: Entire section added, (SB 09-001), ch. 30, p. 125, � 2, effective August 5.
30-15-402. Violations - penalty - surcharges - victim and witness assistance - brain injury trust fund. (1) Any person who violates any county ordinance adopted pursuant to this part 4 commits a civil infraction or, in the case of traffic offenses, commits a traffic infraction, and, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars for each separate violation. If authorized by the county ordinance, the penalty assessment procedure provided in section 16-2-201 may be followed by any arresting law enforcement officer for any such violation. As part of said county ordinance authorizing the penalty assessment procedure, the board of county commissioners may adopt a graduated fine schedule for such violations. Such graduated fine schedule may provide for increased penalty assessments for repeat offenses by the same individual. In the case of county traffic ordinance violations, the provisions of sections 42-4-1701 and 42-4-1703, and sections 42-4-1708 to 42-4-1718, shall apply; except that the fine or penalty for a violation charged and the surcharge thereon if authorized by county ordinance shall be paid to the county.
(2) In addition to the penalties prescribed in subsection (1) of this section, persons convicted of a violation of any ordinance adopted pursuant to this part 4 are subject to:
(a) A surcharge of ten dollars that shall be paid to the clerk of the court by the defendant. Each clerk shall transmit the moneys to the court administrator of the judicial district in which the offense occurred for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district pursuant to section 24-4.2-103, C.R.S.
(b) (Deleted by amendment, L. 2004, p. 1012, � 1, effective August 4, 2004.)
(3) In addition to the penalties prescribed in subsection (1) of this section, persons convicted of operating a vehicle in excess of the speed limit in violation of an ordinance adopted pursuant to section 30-15-401 (1)(h) are subject to a surcharge of twenty dollars that shall be paid to the clerk of the court by the defendant. Each clerk shall transmit the money to the state treasurer, who shall credit the same to the Colorado brain injury trust fund created pursuant to section 26-1-309.
Source: L. 79: Entire part added, p. 1145, � 1, effective May 24. L. 81: Entire section R&RE, p. 1449, � 1, effective May 22. L. 93: Entire section amended, p. 1254, � 2, effective July 1. L. 96: (1) amended, p. 334, � 1, effective July 1. L. 99: (1) amended, p. 367, � 2, effective August 4. L. 2002: (2) amended, p. 1610, � 6, effective January 1, 2004. L. 2004: (2) amended and (3) added, p. 1012, � 1, effective August 4. L. 2009: (3) amended, (SB 09-133), ch. 392, p. 2119, � 1, effective August 5. L. 2019: (3) amended, (HB 19-1147), ch. 178, p. 2033, � 13, effective August 2. L. 2021: (1) amended, (SB 21-271), ch. 462, p. 3249, � 505, effective March 1, 2022.