Colorado § 24-33.5-1237 - Application of wildfire resiliency codes - enforcement - definitions.

§ 24-33.5-1237. Application of wildfire resiliency codes - enforcement - definitions.

(1) As used in this section, unless the context otherwise requires:

(a) "Adopting governing body" means a governing body that has jurisdiction in an area within the wildland-urban interface and has the authority to adopt building codes or fire codes.

(a.3) "Board" means the wildfire resiliency code board created in section 24-33.5-1236 (2).

(b) "Codes" means the minimum codes and standards adopted by the board pursuant to section 24-33.5-1236 (4)(b)(II).

(c) "Code board cash fund" means the wildfire resiliency code board cash fund created in section 24-33.5-1236 (8).

(c.5) "Cooperative agreement" means an agreement entered into by the adopting governing body and at least one other entity, such as a third-party contractor or another governing body, that provides for the enforcement of the codes.

(d) "Governing body" means:

(I) The city council, town council, board of trustees, or other governing body of a city, town, or city and county;

(II) The board of directors of a fire protection district organized pursuant to part 1 of article 1 of title 32;

(III) The governing body of an improvement district that provides fire protection services organized pursuant to part 5 of article 20 of title 30; or

(IV) The board of county commissioners with respect to the area within a county that is outside the corporate limits of a city or town and outside the boundaries of a fire protection district.

(e) "Wildland-urban interface" has the same meaning as set forth by the board in its rules pursuant to section 24-33.5-1236 (4)(b)(I).

(2) (a) An adopting governing body shall adopt a code that meets or exceeds the minimum standards set forth in the codes within nine months of the board adopting the codes in accordance with section 24-33.5-1236 (4)(b)(II)(D).

(b) Enforcement of a code adopted pursuant to subsection (2)(a) of this section shall be in accordance with the rules and regulations for code enforcement by the adopting governing body, or through a cooperative agreement. The period to comply with an adopted code shall be in accordance with the rules and regulations of the adopting governing body or within three months of the date the code is adopted by the adopting governing body, whichever is sooner.

(c) The board may review an adopting governing body's codes adopted pursuant to subsection (2)(a) of this section and an adopting governing body's application of the adopted codes to determine compliance with the requirements of this section. Adopting governing bodies shall cooperate with the board and be responsive to any requests for information from the board made pursuant to the board's review set forth in this subsection (2)(c).

(d) Notwithstanding subsection (2)(b) of this section, if an adopting governing body does not have rules and regulations or a cooperative agreement in place for the enforcement of a code adopted pursuant to subsection (2)(a) of this section, the adopting governing body may request support from the division in conducting inspections and enforcing the code pursuant to the division's procedures set forth in section 24-33.5-1213; except that any civil penalty collected pursuant to section 24-33.5-1213 (4) shall be deposited in the code board cash fund. The division may charge a reasonable fee to the property owner for conducting inspections and enforcing the code, and money from the fee shall be deposited in the code board cash fund.

(3) An adopting governing body may petition the board for a modification of the codes within its jurisdiction in accordance with procedures adopted by the board pursuant to section 24-33.5-1236 (4)(b)(IV). If the board grants the petition for modification, the modification applies only within the jurisdiction that is granted the modification. The order granting the petition for modification must specify a date on which the modification expires, and the adopting governing body must petition the board before the expiration date to keep the modification in effect, or the board at its discretion and through its own action may extend the modification and specify a new expiration date. An adopting governing body may appeal a denial of a petition to the board in accordance with procedures adopted by the board pursuant to section 24-33.5-1236 (4)(b)(V).

(4) The public utilities commission created in section 40-2-101 shall consider application of the codes when carrying out the public utilities law; carrying out and implementing its policies, procedures, and decisions; and meeting any requirements under its jurisdiction.

Source: L. 2023: Entire section added, (SB 23-166), ch. 174, p. 854, § 1, effective May 12. L. 2025: (1)(a), (2), and (3) amended and (1)(a.3) and (1)(c.5) added, (SB 25-142), ch. 367, p. 1987, § 1, effective June 3.