Colorado § 24-33.5-1201 - Division of fire prevention and control - creation - public school construction and inspection section - health facility construction and inspection section - legislative declaration.

§ 24-33.5-1201. Division of fire prevention and control - creation - public school construction and inspection section - health facility construction and inspection section - legislative declaration.

(1) (a) There is hereby created within the department the division of fire prevention and control. The head of the division is the director of the division of fire prevention and control. The executive director shall appoint the director pursuant to section 13 of article XII of the state constitution. Only those persons meeting the qualifications described in paragraph (b) of this subsection (1) are eligible for appointment.

(b) Pursuant to this part 12, the director is responsible for the delivery, management, and administration of fire protection and life safety-related codes and standards, fire investigations, fire safety education for the public, and fire prevention services for the state. In order to be eligible for appointment as director, a person must be qualified in both structural and wildland fire suppression, mitigation, and prevention, have at least ten years of experience in an organized career fire department, and meet, or will meet within one year of hire, the job performance requirements specified in the national fire protection association's standard 1037 as the professional qualifications for fire marshal.

(c) (I) Whenever the division of fire safety is referred to or designated by any contract or other document, the reference or designation applies to the division of fire prevention and control.

(II) (A) Whenever any law refers to the division of fire safety, that law shall be construed as referring to the division of fire prevention and control.

(B) Repealed.

(2) The division, the office of the director, the advisory board created in section 24-33.5-1204, and the board of appeals created in section 24-33.5-1213.7 are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of public safety and the executive director.

(3) (a) There is created in the division the public school construction and inspection section to implement the provisions of sections 22-32-124 (2) and 23-71-122 (1)(v) and to administer and enforce the codes in accordance with sections 24-33.5-1213 and 24-33.5-1213.3. The public school construction and inspection section is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the division and the executive director.

(b) The executive director shall appoint such employees as are necessary to carry out the duties and exercise the powers specified in sections 22-32-124 and 23-71-122 (1)(v), C.R.S., and in this part 12. The executive director may delegate appointing authority as appropriate.

(c) and (d) Repealed.

(4) (a) (I) Effective July 1, 2012, the division of fire prevention and control shall execute, administer, perform, and enforce the rights, powers, duties, functions, and obligations relating to fire and wildfire preparedness, response, suppression, coordination, or management vested previously in the board of governors of the Colorado state university system or the state forest service thereunder, as those rights, powers, duties, functions, and obligations existed on June 30, 2012.

(II) There is created in the division of fire prevention and control the wildland fire management section to implement this subsection (4) and sections 24-33.5-1217 to 24-33.5-1226.5. The wildland fire management section is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the division of fire prevention and control.

(b) (I) On July 1, 2012, all positions of employment in the state forest service of the board of governors of the Colorado state university system that are principally related to fire and wildfire preparedness, response, suppression, coordination, or management shall be transferred to the division of fire prevention and control in the department of public safety and shall become employment positions in the wildland fire management section therein.

(II) On July 1, 2012, all employees of the board of governors of the Colorado state university system or the state forest service thereunder who are employed in a capacity principally related to and wildfire preparedness, response, suppression, coordination, or management shall be considered employees of the wildland fire management section in the division of fire prevention and control in the department of public safety. Such employees shall retain all rights under the state personnel system and to retirement benefits pursuant to the laws of this state, and their services shall be deemed to have been continuous.

(III) On July 1, 2012, all moneys previously received or appropriated to the board of governors of the Colorado state university system relating principally to fire and wildfire preparedness, response, suppression, coordination, and management, including office furniture and fixtures, books, documents, and records of the board, are transferred to the wildland fire management section in the division of fire prevention and control and shall become the property thereof.

(IV) On July 1, 2012, all items of personal property of the board of governors of the Colorado state university system relating principally to fire and wildfire preparedness, response, suppression, coordination, and management, including office furniture and fixtures, books, documents, and records of the board, are transferred to the wildland fire management section in the division of fire prevention and control and shall become the property thereof.

(V) Any and all claims and liabilities, including costs and attorneys' fees, relating in any way to the performance of any fire and wildfire preparedness, response, suppression, coordination, or management duties that were performed by the board or its employees on or before June 30, 2012, are transferred to and assumed by the state exclusively through the division, and such claims or liabilities, if any, are the sole responsibility of the state by and through the department of public safety, and no other public entity or agency, including the board and its employees, shall be responsible or liable for any such claims, liabilities, or damages.

(5) (a) There is created in the division the health facility construction and inspection section to implement section 24-33.5-1212.5 and to administer and enforce the codes in accordance with sections 24-33.5-1212.5 and 24-33.5-1213. The health facility construction and inspection section is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the division and the executive director.

(b) On and after July 1, 2013, all positions of employment in the department of public health and environment for which principal duties are concerned with life safety inspection and that are determined by the director to be necessary to carry out the purposes of the health facility construction and inspection section are transferred to the division and are employment positions therein. The executive director shall appoint such employees as are necessary to carry out the duties and exercise the powers specified in this part 12. The executive director may delegate appointing authority as appropriate.

(c) On and after July 1, 2013, all employees of the department of public health and environment carrying out the duties principally relating to life safety code compliance are employees of the health facility construction and inspection section in the division. The employees retain all rights under the state personnel system and to retirement benefits pursuant to the laws of this state, and their services are deemed to have been continuous.

(d) On July 1, 2013, all items of property, real and personal, including office furniture and fixtures, books, documents, and records of the department of public health and environment used in carrying out the duties principally relating to life safety code compliance are transferred to the health facility construction and inspection section in the division and become the property of that section.

(e) On December 10, 2012, the division and the governor received approval from the secretary of the United States department of health and human services, pursuant to section F3 of the revised agreement, dated October 1, 1985, entered into between the secretary and the state of Colorado pursuant to section 1864 of the federal "Social Security Act", 42 U.S.C. sec. 1395aa, dated October 1, 1985, and pursuant to section 4006A of the related state operation manual, for the division of fire prevention and control in the department of public safety to fulfill the duties under that law associated with the assessment of compliance with the federal fire safety code requirements for health facilities, and a modification to waivers for residential medicaid provider types to allow the division to conduct construction plans and inspections.

(f) The general assembly hereby finds, determines, and declares that, in discharging its duties under this article, as they pertain to health facility buildings and structures, the health facility construction and inspection section is encouraged to cooperate with local authorities, especially in regard to plan reviews and whether such plans comport with local requirements.

Source: L. 83: Entire article added, p. 958, § 1, effective July 1, 1984. L. 89: (2) amended, p. 1033, § 2, effective July 1. L. 2002: (1) amended, p. 1205, § 3, effective June 3. L. 2009: (2) amended and (3) added, (HB 09-1151), ch. 230, p. 1053, § 3, effective January 1, 2010. L. 2011: (2) amended, (SB 11-251), ch. 240, p. 1045, § 6, effective June 30. L. 2012: (5)(e) added, (HB 12-1268), ch. 234, p. 1026, § 5, effective May 29; (1) and (3)(b) amended, (3)(c) and (3)(d) repealed, and (4) added (HB 12-1283), ch. 240, p. 1104, § 11, effective July 1; (5)(a), (5)(b), (5)(c), (5)(d), and (5)(f) added, (HB 12-1268), ch. 234, p. 1026, § 5, effective July 1, 2013. L. 2013: (5)(e) amended, (HB 13-1155), ch. 24, p. 57, § 1, effective March 14; (1)(a) amended, (SB 13-083), ch. 249, p. 1300, § 3, effective May 23. L. 2021: (4)(a)(II) amended, (SB 21-012), ch. 29, p. 122, § 2, effective April 15. L. 2022: (2), (3)(a), (4)(a)(II), and (5)(a) amended, (SB 22-162), ch. 469, p. 3428, § 214, effective August 10. L. 2024: (1)(c)(II)(B) repealed, (HB 24-1450), ch. 490, p. 3417, § 49, effective August 7.

Cross references: (1) For the legislative declaration in the 2012 act amending subsections (1) and (3)(b), repealing subsections (3)(c) and (3)(d), and adding subsection (4), see section 1 of chapter 240, Session Laws of Colorado 2012.

(2) In 2013, subsection (1)(a) was amended by the "Colorado Prescribed Burning Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 249, Session Laws of Colorado 2013.

(3) For the short title (the "Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act") in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.