(1) It is unlawful to erect, construct, reconstruct, alter, maintain, or use any building, structure, or land in violation of this part 2 or any provisions of the area building code. In addition to any penalties imposed pursuant to section 30-28-209, any person, firm, or corporation violating any provision of this part 2 or any provision of the area building code may be subject to the imposition, by order of the county court, of a civil penalty in an amount of not less than five hundred dollars nor more than one thousand dollars. It is within the discretion of the county attorney to determine whether to pursue the civil penalties set forth in this section, the remedies set forth in section 30-28-209, or both. Each day after the issuance of the order of the county court during which such unlawful activity continues shall be deemed a separate violation and shall in accordance with the subsequent provisions of this section, be the subject of a continuing penalty in an amount not to exceed one hundred dollars for each such day. Until paid, any civil penalty ordered by the county court and assessed under this subsection (1) shall, as of recording, be a lien against the property on which the violation has been found to exist. In case the assessment is not paid within thirty days, it may be certified by the county attorney to the county treasurer, who shall collect the assessment, together with a ten percent penalty for the cost of collection, in the same manner as other taxes are collected. The laws of this state for assessment and collection of general taxes, including the laws for the sale and redemption of property for taxes, shall apply to the collection of assessments pursuant to this subsection (1). Any lien placed against the property pursuant to this subsection (1) shall be recorded with the clerk and recorder of the county in which the property is located.
(2) (a) In the event any building or structure is erected, constructed, reconstructed, altered, maintained, or used in violation of this part 2 or of any provision of the area building code, the county attorney of the county in which such building or structure is situated, in addition to other remedies provided by law, may commence a civil action in county court for the county in which such building or structure is situated seeking the imposition of a civil penalty in accordance with the provisions of this section.
(b) A building inspector designated by resolution of the board of county commissioners shall, upon personal information and belief that a violation of this part 2 or of any provision of the area building code has occurred, give written notice to the violator to correct the violation within ten days after the date of the notice. If the violator fails to correct the violation within the ten-day period or within any extension period granted by the building inspector, the building inspector, the sheriff of the county, or the county attorney may issue a summons and complaint to the violator stating the nature of the violation with sufficient particularity to give notice of the charge to the violator.
(c) One copy of the summons and complaint issued pursuant to paragraph (b) of this subsection (2) shall be served upon the violator in the manner provided by law for the service of a county court civil summons and complaint in accordance with the Colorado rules of county court civil procedure. The summons and complaint shall also be filed with the clerk of the county court and thereafter the action shall proceed in accordance with the Colorado rules of county court civil procedure.
(d) If the county court finds, by a preponderance of the evidence, that a violation of this part 2 or of any provision of the area building code has occurred, the court shall order the violator to pay a civil penalty in an amount allowed pursuant to subsection (1) of this section. The penalty shall be payable immediately by the violator to the county treasurer. In the event that the alleged violation has been cured or otherwise removed and the violator has notified the building inspector of the cure or removal at least five business days prior to the appearance date in the summons, then the county attorney shall so inform the court and request that the action be dismissed without fine or appearance of the defendant.
(3) Upon the filing with the court of a receipt issued by the county treasurer showing payment in full of a civil penalty assessed pursuant to this section and upon the filing of an affidavit of the county building inspector that the violation has been cured, removed, or corrected, the court shall dismiss the action and issue a satisfaction in full of the judgment so entered. The court may also dismiss the action upon a motion of the county attorney indicating that the matter has been otherwise resolved.
(4) If a receipt showing full payment of the civil penalty or the affidavit or the motion by the county attorney required by subsection (3) of this section is not filed, the action shall continue and the court shall retain jurisdiction to impose an additional penalty against the violator in the amount specified in subsection (1) of this section. The additional penalty shall be imposed by the court upon motion filed by the county and proof that the violation has not been cured, removed, or corrected. Thereafter, the action shall continue until the filing with the court of a receipt issued by the county treasurer showing payment in full of the civil penalty and any additional penalties so assessed and the filing of an affidavit of the county building inspector that the violation has been cured, removed, or corrected, or until a motion by the county attorney to dismiss the action is granted by the court.
Source: L. 98: Entire section added, p. 340, � 2, effective July 1. L. 2006: (1), (2)(b), (2)(d), (3), and (4) amended, p. 235, � 5, effective July 1.
30-28-211. Energy efficient building codes - legislative declaration - definitions. (1) The general assembly hereby finds and declares that there is statewide interest in requiring an effective energy efficient building code for the following reasons:
(a) Excessive energy consumption creates effects beyond the boundaries of the local government within which the energy is consumed because the production of power occurs in centralized locations.
(b) Air pollutant emissions from energy consumption affect the health of the citizens throughout Colorado.
(c) The strain on the grid from peak electric power demands is not confined to jurisdictional boundaries.
(d) There is statewide interest in the reliability of the electrical grid and an adequate supply of heating oil and natural gas.
(e) Controlling energy costs for residents and businesses furthers a statewide interest in a strong economy and reducing the total cost of housing in Colorado.
(f) More recent energy codes are more effective at ensuring building durability and structural integrity and protecting public health and safety through better:
(I) Moisture management to prevent mold, mildew, and rot;
(II) Airflow management; and
(III) Protection during severe weather.
(g) More recent energy codes incorporate newer building technologies, techniques, and materials and offer more options for builders.
(h) Businesses and residents in low-income communities and rural areas of the state deserve at least the same durability, health and safety, and energy cost savings from energy efficient buildings as those in wealthier, urban, and suburban areas of the state.
(i) Highly energy efficient homes and buildings can reduce energy use and help consumers save money on energy bills.
(j) Highly energy efficient and low-carbon new homes and buildings are critical for meeting the greenhouse gas pollution reduction targets established in section 25-7-102 (2)(g).
(2) As used in this section, unless the context otherwise requires:
(a) Building code means regulations related to energy performance, electrical systems, mechanical systems, plumbing systems, or other elements of residential or commercial buildings.
(a.5) Colorado plumbing code has the meaning set forth in section 12-155-103 (1.4).
(a.8) Elevator and escalator code means the rules adopted in accordance with section 9-5.5-112.
(b) Energy code means a subset of building codes related to the total energy performance and carbon emissions of residential and commercial buildings.
(b.5) International energy conservation code means the energy code published by the international code council or a successor organization.
(b.8) National electrical code has the meaning set forth in section 12-115-103 (8).
(c) Office means the Colorado energy office created in section 24-38.5-101, C.R.S.
(3) Every board of county commissioners that has adopted and enforced one or more building codes, or that adopts and enforces one or more building codes after July 1, 2022, shall adopt and enforce an energy code that applies to the construction of, and major renovations and additions to, all commercial and residential buildings as required by the energy code in the county to which the building code applies.
(3.5) (a) A board of county commissioners that has adopted and enforced one or more building codes, and that updates one or more building codes on or after July 1, 2023, and before July 1, 2026, 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) at the same time other building codes are updated.
(b) A board of county commissioners that has adopted and enforced one or more building codes, and that updates one or more building codes on or after July 1, 2026, shall adopt and begin enforcing 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) at the same time other building codes are updated.
(c) (I) Notwithstanding subsections (3.5)(a) and (3.5)(b) of this section, a board of county commissioners representing a rural county is required to adopt and enforce an energy code that achieves equivalent or better energy performance than one of the last three most recent editions of the international energy conservation code rather than either 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 identified for adoption by the energy code board pursuant to section 24-38.5-401 (5) or an energy code that achieves equivalent or better energy and carbon emissions performance than the model low energy and carbon code identified for adoption by the energy code board pursuant to section 24-38.5-401 (6) if, while the grant program established pursuant to section 24-38.5-403 is accepting applications, the board of county commissioners applies for and is not awarded a grant that significantly assists in energy code adoption and enforcement training.
(II) As used in this subsection (3.5)(c), a rural county means a county with a population of less than thirty thousand people, as determined pursuant to the most recently published population estimates from the state demographer appointed by the executive director of the department of local affairs.
(d) When adopting or updating a building code prior to July 1, 2023, a board of county commissioners shall adopt and enforce an energy code that achieves equivalent or better energy performance than one of the three most recent editions of the international energy conservation code.
(e) Notwithstanding the timing requirement of subsection (3.5)(a) of this section, a board of county commissioners may comply with subsection (3.5)(a) of this section when the board adopts one or more building codes other than the national electrical code, the elevator and escalator code, and the Colorado plumbing code or by June 30, 2026, whichever is earlier, if:
(I) The board of county commissioners adopts or updates:
(A) The national electrical code by reference when adopted or updated by the state electrical board;
(B) The elevator and escalator code by reference when adopted or updated by the director of the division of oil and public safety within the department of labor and employment; or
(C) The Colorado plumbing code by reference when adopted or updated by the state plumbing board; and
(II) The adoption or update of the national electrical code, the elevator and escalator code, or the Colorado plumbing code occurs on a timing cycle different from the scheduled adoption or update of one or more building codes other than the national electrical code, the elevator and escalator code, or the Colorado plumbing code.
(f) Notwithstanding the timing requirement of subsection (3.5)(b) of this section, a board of county commissioners may comply with subsection (3.5)(b) of this section when the board adopts one or more building codes other than the national electrical code, the elevator and escalator code, and the Colorado plumbing code or by June 30, 2030, whichever is earlier, if:
(I) The board of county commissioners adopts or updates:
(A) The national electrical code by reference when adopted or updated by the state electrical board;
(B) The elevator and escalator code by reference when adopted or updated by the director of the division of oil and public safety within the department of labor and employment; or
(C) The Colorado plumbing code by reference when adopted or updated by the state plumbing board; and
(II) The adoption or update of the national electrical code, the elevator and escalator code, or the Colorado plumbing code occurs on a timing cycle different from the scheduled adoption or update of one or more building codes other than the national electrical code, the elevator and escalator code, or the Colorado plumbing code.
(g) Notwithstanding the requirements set forth in subsections (3.5)(a) and (3.5)(b) of this section, a board of county commissioners is not required to adopt and enforce an energy code that meets the requirements of subsections (3.5)(a) and (3.5)(b) of this section solely as a result of adopting the wildfire resiliency code.
(4) Repealed.
(5) The following buildings are exempt from subsections (3) and (3.5) of this section:
(a) Any building that is otherwise exempt from the provisions of the building code adopted by the board of county commissioners of the county in which the building is located and buildings that do not contain a conditioned space;
(b) Any building that does not use either electricity or fossil fuels for comfort heating. A building will be presumed to be heated by electricity even in the absence of equipment used for electric comfort heating if the building is provided with electrical service in excess of one hundred amps, unless the code enforcement official of the county determines that the electrical service is necessary for a purpose other than for providing electric comfort heating.
(c) Historic buildings that are listed on the national register of historic places or Colorado state register of historic properties and buildings that have been designated as historically significant or that have been deemed eligible for designation by a local governing body that is authorized to make such designations; and
(d) Any building that is exempt pursuant to the energy code.
(6) Notwithstanding any other provision of this section, the board of county commissioners of a county that is required to adopt or update an energy code may make any amendments to the energy code that the board deems appropriate for local conditions, so long as the amendments do not decrease the effectiveness or energy efficiency of the energy code.
(7) (a) The office shall ensure that information explaining the requirements of the energy code and describing acceptable methods of compliance is available to builders, designers, engineers, and architects.
(b) The office shall provide boards of county commissioners with technical assistance concerning the implementation and enforcement of the energy code.
(8) Nothing in this section 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 board of county commissioners of any county or builders comply with the requirements of this section; or
(b) Earn shareholder incentives and claim credits towards its regulatory requirements for energy or greenhouse gas emission savings achieved as a result of incentives provided by the utility to help the board of county commissioners of any county or builders comply with the requirements of this section.
(9) A utility not subject to regulation by the public utilities commission may provide incentives or other energy efficiency program services as they so choose to assist the board of county commissioners of any county or any builders in complying with the requirements of this section.
(10) (a) A utility may count mass-based emissions reductions associated with the requirements of this section 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 section for the purpose of calculating a shareholder 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.
Source: L. 2007: Entire section added, p. 695, � 2, effective July 1. L. 2008: (2)(b) and (2)(c) amended, p. 72, � 10, effective March 18. L. 2012: (2)(b) and (2)(c) amended, (HB 12-1315), ch. 224, p. 974, � 36, effective July 1. L. 2019: (1)(e), (2)(b), (3), IP(5), and (6) amended and (1)(f), (1)(g), and (1)(h) added, (HB 19-1260), ch. 357, p. 3284, � 2, effective August 2. L. 2022: (1)(i), (1)(j), (2)(b.5), (3.5), (8), (9), and (10) added, (2)(b), (3), and IP(5) amended, and (4) repealed, (HB 22-1362), ch. 301, p. 2183, � 7, effective June 2. L. 2023: (2)(a.5), (2)(a.8), (2)(b.8), (3.5)(e), and (3.5)(f) added, (HB 23-1233), ch. 245, p. 1324, � 10, effective May 23. L. 2025: (3.5)(g) added, (HB 25-1269), ch. 216, p. 978, � 1, effective May 20; (2)(a.5) amended, (HB 25-1306), ch. 204, p. 926, � 4, effective August 6.
Editor's note: Section 10 of chapter 216 (HB 25-1269), Session Laws of Colorado 2025, provides that the act changing this section applies to conduct occurring on or after May 20, 2025.
Cross references: For the legislative declaration in HB 23-1233, see section 1 of chapter 245, Session Laws of Colorado 2023.
30-28-212. Charging station restriction rules prohibited - accessible charging stations - definitions. (1) Notwithstanding any authority granted to a board of county commissioners by this part 2, the board shall not adopt an ordinance or a resolution prohibiting the installation of or utilization of electric vehicle charging stations unless the ordinance or resolution is narrowly drafted to address a bona fide safety concern. The board shall not restrict parking based on a vehicle being a plug-in hybrid vehicle or plug-in electric vehicle.
(2) A county official shall not prohibit the installation of or utilization of an electric vehicle charging station, or restrict parking based on a vehicle being a plug-in hybrid vehicle or plug-in electric vehicle, unless expressly authorized by ordinance or resolution.
(3) Any ordinance or resolution promulgated by the board of county commissioners that prohibits the installation of or utilization of electric vehicle charging stations, or that restricts parking based on a vehicle being a plug-in hybrid vehicle or plug-in electric vehicle, is subject to judicial review in the district court with jurisdiction over the county.
(4) (a) For an electric vehicle charging station constructed or replaced on or after January 1, 2026, no fewer than five percent or one vehicle charging space should incorporate the standards from the access board until applicable regulations are issued by the federal department of justice or the federal department of transportation.
(b) As used in this subsection (4):
(I) Access board means the United States access board.
(II) Electric vehicle charger means a device with one or more charging ports and connectors for charging electric vehicles.
(III) Electric vehicle charging station or charging station means a common location with one or more electric vehicle chargers.
(IV) Replaced means substantially modified or substituted with another unit, as indicated by a change in the serial number, electric vehicle supply equipment ID, or EVSE ID, or model name.
(V) Vehicle charging space means a space to park an electric vehicle for charging.
Source: L. 2023: Entire section added, (HB 23-1233), ch. 245, p. 1324, � 8, effective May 23. L. 2024: (4) added, (HB 24-1161), ch. 322, p. 2148, � 3, effective June 3.
Cross references: For the legislative declaration in HB 23-1233, see section 1 of chapter 245, Session Laws of Colorado 2023.
30-28-213. Electric motor vehicle charging systems - county permitting procedures - permit application - approval process - definitions. (1) Definitions. As used in this section, unless the context otherwise requires:
(a) Administrative review process means a process:
(I) In which an EV charger permit is approved, approved with conditions, or denied by administrative staff of a county permitting agency based solely on the application's compliance with objective standards set forth in county zoning laws or other county laws; and
(II) That does not require a public hearing, a recommendation, or a decision by an elected or appointed public body or hearing officer except as provided in subsection (4)(d) of this section.
(b) Colorado energy office means the Colorado energy office created in section 24-38.5-101.
(c) (I) County permitting agency means the entity or entities for a county that are responsible for issuing an EV charger permit for the construction of an electric motor vehicle charging system.
(II) County permitting agency may include:
(A) A county building department or agency;
(B) A county planning department or agency; or
(C) A county public works or road and bridge department or agency.
(d) Disproportionately impacted community has the meaning set forth in section 24-4-109 (2)(b)(II).
(e) Electric motor vehicle charging system or charging system has the meaning set forth in section 38-12-601 (6)(a).
(f) EV charger permit means the final approval of an application for installation of an electric motor vehicle charging system that a county may require to authorize an applicant to commence construction of the charging system and a permit application for an electrical permit established under article 115 of title 12 and issued by the state electrical board.
(g) Objective standard means a standard that:
(I) Is uniformly verifiable and ascertainable by reference to an available external or uniform benchmark or criterion by the applicant and county permitting agency staff prior to the applicant's filing of an EV charger permit application; and
(II) Does not require county permitting agency staff to make a subjective determination concerning an EV charger permit application.
(2) (a) On or before December 31, 2025, the board of county commissioners of a county with a population of twenty thousand or more according to the 2020 federal census shall do one of the following:
(I) Adopt an ordinance or resolution to incorporate the same standards and permitting process or less restrictive standards and permitting process as the standards and permitting process described in the EV charger permitting model code developed by the Colorado energy office pursuant to subsection (3) of this section;
(II) (A) Adopt an ordinance or resolution that establishes objective standards and an administrative review process to be used by the county permitting agency during the county's review of applications for EV charger permits in accordance with subsections (4) and (5) of this section.
(B) An ordinance or resolution adopted by the county pursuant to this subsection (2)(a)(II) shall be developed in consultation with the local fire department or fire district, any electric utilities serving the county, and other relevant stakeholders, as determined by the county.
(III) Adopt an ordinance or resolution that establishes that the county does not intend to adopt an ordinance or resolution in accordance with subsection (2)(a)(I) or (2)(a)(II) of this section and that the county permitting agency will continue to utilize the county's existing permitting review process for EV charger permit applications.
(b) On or before March 1, 2026, a county that is subject to the requirements of subsection (2)(a) of this section shall submit a report to the Colorado energy office describing the county's compliance with subsection (2)(a) of this section.
(c) On or before January 31, 2027, a county subject to the requirements of subsection (2)(a) of this section shall submit a report to the Colorado energy office regarding each application for an EV charger permit that was received by the county permitting agency between December 31, 2025, and December 1, 2026. The report must include:
(I) The final determination made by the county permitting agency for each EV charger permit application; and
(II) For each EV charger permit application submitted to the county permitting agency, the duration between the date that the EV charger permit application was deemed complete by the county permitting agency and the date that the county permitting agency made a final determination on the EV charger permit application.
(d) If the board of county commissioners of a county adopts the EV charger permitting model code pursuant to subsection (2)(a)(I) of this section or adopts an ordinance or resolution in accordance with subsection (2)(a)(III) of this section, the requirements of subsections (4) and (5) of this section do not apply to the county.
(3) (a) On or before March 31, 2025, the Colorado energy office shall publish an EV charger permitting model code that contains guidelines for the adoption of EV charger permit standards and permitting processes for counties.
(b) The EV charger permitting model code developed by the Colorado energy office pursuant to subsection (3)(a) of this section must be developed in consultation with counties, representatives from disproportionately impacted communities, public electric utilities, and other relevant stakeholders, as determined by the Colorado energy office.
(c) The EV charger permitting model code developed by the Colorado energy office in accordance with this subsection (3) shall only apply to a county's land use and zoning permitting processes and shall not contravene:
(I) State electrical permitting requirements or procedures;
(II) County electrical permitting requirements or procedures;
(III) State electrical inspection requirements;
(IV) County electrical inspection requirements; or
(V) National electric code requirements or regulations related to electric motor vehicle charging systems.
(d) The EV charger permitting model code developed by the Colorado energy office in accordance with this subsection (3) shall not contain required timelines that a county permitting agency must comply with for the review, approval, or denial of EV charger permit applications.
(4) (a) A county permitting agency shall approve, conditionally approve, or deny an application for an EV charger permit using the county's administrative review process to determine if the proposed electric motor vehicle charging system is in compliance with the county's objective standards.
(b) A county permitting agency shall not deny or place conditions on an EV charger permit application unless the denial or conditions are for the purpose of reasonably protecting public health or safety.
(c) If a county permitting agency denies an application for an EV charger permit, the county permitting agency shall make written findings that the proposed electric motor vehicle charging system would violate the county's objective standards or would not be reasonably protective of public health or safety and send those written findings to the applicant within three business days after the date the county permitting agency denies the application.
(d) An applicant for an EV charger permit that is denied a permit or has conditions placed on the approval of an EV charger permit by a county permitting agency may appeal the county permitting agency's decision to the board of county commissioners of the county.
(e) The requirements of this subsection (4) do not apply to counties that adopt the EV charger permitting model code pursuant to subsection (2)(a)(I) of this section or adopt an ordinance or resolution in accordance with subsection (2)(a)(III) of this section.
(5) (a) The county permitting agency must make available to prospective applicants for EV charger permits a checklist of all requirements that must be included in an application for an EV charger permit.
(b) A county permitting agency shall review an application for an EV charger permit to confirm that the application sufficiently meets the requirements of the checklist described in subsection (5)(a) of this section.
(c) A county permitting agency shall consider an application for an EV charger permit that satisfies the requirements of the checklist described in subsection (5)(a) of this section a complete application.
(d) If an applicant for an EV charger permit submits an application that does not meet all the requirements of the checklist described in subsection (5)(a) of this section, the county permitting agency shall, within three business days after the date the county permitting agency determines the application is not sufficient, send a written notice to the applicant that details all of the deficiencies with the application and any additional information required for the application to be considered complete.
(e) The requirements of this subsection (5) do not apply to counties that adopt the EV charger permitting model code pursuant to subsection (2)(a)(I) of this section or adopt an ordinance or resolution in accordance with subsection (2)(a)(III) of this section.
(6) (a) The Colorado energy office shall provide technical assistance to counties to assist a county in complying with the requirements of this section, including providing:
(I) Support for the development and adoption of county codes; and
(II) Materials and support for training county permitting agency staff with interpreting and applying EV charger permit standards and processes.
(b) The Colorado energy office shall use money in the electric vehicle grant fund, created in section 24-38.5-103, to provide technical assistance to counties in accordance with this subsection (6).
(c) The Colorado energy office shall prioritize providing technical assistance to counties that have a significant number of disproportionately impacted communities.
(7) Regardless of the ordinance or resolution adopted by a board of county commissioners in accordance with subsection (2)(a) of this section, a county permitting agency shall, within three business days after the date the county permitting agency makes the determination to approve, conditionally approve, or deny an application, send notice to an applicant for an EV charger permit that states the county permitting agency's determination on the applicant's EV charger permit application.
Source: L. 2024: Entire section added, (HB 24-1173), ch. 215, p. 1312, � 2, effective August 7.
Cross references: For the legislative declaration in HB 24-1173, see section 1 of chapter 215, Session Laws of Colorado 2024.