Code of Colorado Regulations — Department of Public Safety

1507 Colorado Bureau of Investigation

8 CCR 1507-14 INSTANT CRIMINAL BACKGROUND CHECK SYSTEM - Repealed effective 08/01/04 {#sec-8-ccr-1507-14 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-14}

DEPARTMENT OF PUBLIC SAFETY

Colorado Bureau of Investigation INSTANT CRIMINAL BACKGROUND CHECK SYSTEM – Repealed eff. 08/01/2004 8 CCR 1507-14 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History

8 CCR 1507-20 Implementation of the National Instant Criminal Background Check System with the Colorado Bureau of Investigation Serving as the Point of Contact {#sec-8-ccr-1507-20 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-20}

DEPARTMENT OF PUBLIC SAFETY

IMPLEMENTATION OF THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM

WITH THE COLORADO BUREAU OF INVESTIGATION SERVING AS THE POINT OF CONTACT

8 CCR 1507-20 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ CBI-IC-1 Definitions The term business day means a 24-hour day (beginning at 12:01 a.m.) on which all state offices are open.

The term the bureau means the Colorado Bureau of Investigation.

The term firearm means (a) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (b) the frame or receiver of any such weapon; (c) any firearm muffler or firearm silencer; or (d) any destructive device. Such term does not include an antique firearm.

The term destructive device means:

(a) any explosive, incendiary, or poison gas- (1) Bomb, (2) Grenade, (3) Rocket having a propellant charge of more than four ounces, (4) Missile having an explosive or incendiary charge of more than one-quarter ounce, (5) Mine, or (6) Device similar to any of the devices described.

(b) any type of weapon (other than a shotgun or a shotgun shell which the Secretary finds is generally recognized as particularly suitable of sporting purposes) by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than one-half inch in diameter; and (c) any combination of parts either designed or intended for use in converting any device into a destructive device described in subparagraph (a) or (b) and from which a destructive device may be readily assembled.

The term destructive device shall not include any device which is neither designed nor redesigned for use as a weapon; any device, although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; surplus ordnance sold, loaned, or given by the Secretary of the Army; or any other device which the Secretary of the Treasury finds is not likely to be used as a weapon, or is an antique.

The term antique firearm means:

(a) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898;

(b) any replica of any firearm described in subparagraph (a) if such replica:

(1) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or (2) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; or (c) any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. For purposes of this subparagraph, the term antique firearm shall not include any weapon which incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.

CBI-IC-2

Maintenance, Confidentiality, and Security of Records The Bureau shall ensure that the InstaCheck Unit has adequate security to protect against any unauthorized personnel gaining access to the computer equipment or to any stored data.

Personnel having access to data collected pursuant to background checks for firearm transfers shall be screened thoroughly by the Bureau. This screening shall apply to non-criminal justice maintenance or technical personnel. Employees accessing the NICS will be kept to a minimum.

All visitors to the InstaCheck Unit must be accompanied by staff personnel at all times.

The Bureau shall maintain appropriate software to prevent data concerning background checks for firearm transfers from being accessible to any unauthorized terminals.

The Bureau shall maintain a central computer through which each inquiry must pass for screening and verification.

Bureau personnel shall not release any information collected, created, or provided pursuant to a background check for firearm transfer, except as provided by law.

CBI-IC-3

Procedures for Appealing a Denial Decision Any individual who has received a denial may within 30 days of the date of the issuance of the denial request a review of the denial. For any Individual who has submitted the request for review of the denial, the CBI will by statute review and render a final administrative decision within 60 days from the date of receipt of the review request.

All official forms shall be maintained on the official CBI website.

Unless otherwise noted, the term “days” means “calendar days”.

CBI-IC-4

Destruction of Records Information pertaining to an approved individual collected or created pursuant to a background check for a firearm transfer shall be destroyed within 24 hours of the issuance of the approval consistent with federal law.

The Bureau shall maintain the transaction number, the date and time of its issuance, and the Federal Firearm Licensee (FFL) to whom it was relayed. Nothing in this rule shall be interpreted so as to prohibit the updating of criminal history records to accurately reflect dispositions.

CBI-IC-5

Forms to be Adopted/Identification of Transferee The Bureau shall adopt the Bureau of Alcohol, Tobacco and Firearms Form 4473 to document the transaction and to avoid unnecessary duplication. Transferors shall ensure that Form 4473 is completed by both the transferor and transferee prior to contacting the Bureau for a background check. Form 4473 shall be maintained in accordance with Federal law and rule.

Transferors shall identify transferees with a valid government issued photo identification and shall verify the name, date of birth, and address given by the transferee. Additional documents may be required to establish residency.

CBI-IC-6

Hours of Operation The Bureau shall be open to conduct background checks for firearm transfers from 9am to 9pm every calendar day except Christmas Day and Thanksgiving Day.

CBI-IC-7

Access to the System/When contact is Made The Bureau shall maintain a toll-free and a local telephone number for Federal Firearms Licensees to contact the Bureau to request background checks prior to the transfer of firearms. Nothing in this rule shall preclude the Bureau from providing alternate means of contacting the Bureau for the purpose of conducting such checks. The toll-free and local number shall be operational every day that the Bureau is open for business. The toll-free number is not available to local Federal Firearms Licensees.

Contact shall not be considered to have been made until information regarding the transferee has been transmitted to and acknowledged by the Bureau.

CBI-IC-8

Bureau Personnel and Training Within fiscal restraints established by legislation, the Bureau shall employ personnel at levels that correspond to the reasonably anticipated volume of inquiries. The Bureau shall assign such personnel according to the anticipated demand load. The Bureau shall provide adequate training for personnel commensurate with their duties, to include system usage, customer service, and reasons for approval and denial.

CBI-IC-9

Forms, Publications, and Rules Incorporated by Reference All forms, publications, and rules adopted and/or incorporated by reference in these regulations are on file and available for public inspection by contacting the Program Manager of the InstaCheck Program, Colorado Bureau of Investigation, Department of Public Safety, 690 Kipling Street, Lakewood, Colorado 80215.

This rule does not include later amendments to or editions of any materials incorporated by reference. All publications and rules adopted and incorporated by reference in these regulations may be examined at any state publications depository library. _________________________________________________________________________ Editor’s Notes

History Rules CBI-IC-1 – CBI-IC-3, CBI-IC-9 eff. 11/14/2016.

Entire rule eff. 06/14/2024.

8 CCR 1507-21 Rules and Regulations Concerning Criminal History Records of Volunteers and Employees of Charitable Organizations {#sec-8-ccr-1507-21 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-21}

DEPARTMENT OF PUBLIC SAFETY

RULES AND REGULATIONS CONCERNING CRIMINAL HISTORY RECORDS OF VOLUNTEERS

AND EMPLOYEES OF CHARITABLE ORGANIZATIONS

8 CCR 1507-21 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

AUTHORITY TO ADOPT RULES AND REGULATIONS

The Colorado Department of Public Safety is authorized by the provisions of Section 24-72-305.3 (2) (c)

(I), C.R.S. to adopt rules and regulations identifying those entities that may serve as qualified entities and rules concerning criminal history records of volunteers and employees of charitable organizations.

DEFINITIONS

The definitions provided in Section 24-72-305.3(2)(a), C.R.S. shall apply to these rules and regulations.

The following additional definition shall also apply:

“National Criminal History Background Check” means the criminal history record system maintained by the Federal Bureau of Investigation based on fingerprint identification.

“Qualified Entity” means a business or organization, whether public, private, for profit, not for profit, or voluntary, that provides child care or child care placement services, including a business or organization that licenses or certifies others to provide child care services and is not an entity otherwise required by Colorado Law to obtain criminal history records.

CBI-VCA-1: APPLICABILITY

These rules and regulations shall apply to the Colorado Bureau of Investigation and to any public or private, for-profit, not-for-profit or volunteer organization that provides care or care placement services including a business or organization that licenses or certifies others to provide care or care placement services to any child, elderly person or person with disabilities for whom the organization provides care.

CBI-VCA-2: A. QUALIFIED ENTITIES

Qualified Entities who provide childcare services may request criminal history record checks.

CBI-VCA-2: B. PROCEDURE FOR OBTAINING “QUALIFIED ENTITY” STATUS

A business or organization seeking to conduct background checks as a “Qualified Entity” as defined in

Section 24-72-305.3 (2) (a) (VII), C.R.S. may contact the Colorado Bureau of Investigation, Biometric Identification and Records Unit, by email at cdps_sddssupport@state.co.us or by phone at (303) 239- 4208.

A copy of the requesting entity's registration on file with the Secretary of State or Department of Regulatory Agencies must be returned with the completed forms.

The Identification Section will then determine whether or not the entity will be acknowledged as a “Qualified Entity.” The determination will be based on the definitions found in Section 24-72-305.3 (2) (a), C.R.S. The Identification Section will notify the entity of their status. The entity may appeal the decision in writing to the Director of the Colorado Bureau of Investigation within thirty (30) days of the date of the notification at the following address: 690 Kipling Street Lakewood, Colorado 80215 CBI-VCA-3: NATIONAL CRIMINAL HISTORY RECORDS CHECK Organizations and businesses caring for children, the elderly or individuals with disabilities may use national fingerprint based criminal history records to screen volunteers and prospective employees.

When a business has received “Qualified Entity” status from the CBI, the entity may then obtain a criminal

history records check on any person that provides care or care placement with the entity as a current or prospective employee or volunteer.

Criminal history records checks may be obtained by submitting an email request via the CBI Biometric Identification and Records Unit website.

CBI-VCA-4: FORMS, PUBLICATIONS AND RULES INCORPORATED BY REFERENCE

All forms, publications and rules adopted and/or incorporated by reference in these regulations are on file and available for public inspection by contacting the Colorado Bureau of Investigation, 690 Kipling Street, Lakewood, Colorado 80215. This rule does not include later amendments to or editions of any materials incorporated by reference. All publications and rules adopted and incorporated by reference in these regulations may be examined at the any state publications depository library. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 05/30/2025.

8 CCR 1507-23 Alert Program {#sec-8-ccr-1507-23 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-23}

DEPARTMENT OF PUBLIC SAFETY

Colorado Bureau of Investigation ALERT PROGRAM 8 CCR 1507-23 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

AUTHORITY TO ADOPT RULES AND REGULATIONS

The Colorado Department of Public Safety Executive Director is mandated to promulgate rules and regulations regarding the Amber Alert Program pursuant to 24-33.5-415.7.

DEFINITIONS

The definitions provided in section 24-33.5-415.7 (2) shall apply to these rules and regulations.

“Abducted Child” - means a child whose whereabouts are unknown, whose domicile at the time he or she was reported missing was Colorado, whose age at the time he or she was first reported missing was seventeen years of age or younger, and whose disappearance poses a credible threat as determined by local law enforcement to the safety and health of the child.

“Emergency Alert System - EAS”- means a system comprised of radio and television broadcasts activated by the state emergency alert station. The EAS system, established by the Federal Communications Commission (FCC), is a tool the President and others may use to warn the public about emergency situations. For the purposes of this rulemaking, the EAS system will be utilized for the broadcasting of information regarding abducted children.

“Amber Alert Broadcast” - means an EAS notification containing information regarding an abducted child, the suspected abductor, circumstances surrounding the abduction, suspect(s) mode of transportation and/or direction of travel, and any additional information pertaining to the investigation.

RULES/REGULATIONS/PROCEDURES

CBI-AAP1  A local law enforcement agency, operating under their individual polices and procedures, involving an investigation and upon confirmation of a report of an abducted child, may notify the Colorado Bureau of Investigation and request that the information be conveyed to the bureau for an Amber Alert Broadcast. The Colorado Bureau of Investigation will provide a designated number to be utilized for contacting Colorado Bureau of Investigation Personnel assigned to assist local law enforcement agencies with the Amber Alert Broadcast. The number will be operational 24 hours a day, 7 days a week. Voicemail messages shall not be left concerning an Amber Alert Broadcast.

CBI-AAP2  The Colorado Bureau of Investigation will verify the accuracy of the information based on personal contact with a representative from the law enforcement agency. The verification of information provided by the law enforcement agency, will include but is not limited to:

1. Confirming the identity of the Law Enforcement Agency and the reporting law enforcement official.

2. Verify that the information being reported meets the definition of “Abducted Child”.

The Colorado Bureau of Investigation will then forward the information on to the State Emergency Alert System (EAS) Broadcaster in Colorado. The State EAS Broadcaster as of June 5, 2002 is CLEAR CHANNEL COLORADO located at 4695 S. Monaco Street, Denver Colorado 80237.

CBI-AAP3  The state EAS broadcaster shall broadcast all appropriate information that may assist in the safe recovery of the abducted child, and a statement instructing anyone with information regarding the abducted child to contact his or her local law enforcement agency. The alert information may contain but is not limited to:

1. Victims name and identification information to include last known location.

2. Suspect(s) name and identification information.

3. Information involving the suspect(s) mode of transportation to include last known location.

4. Brief description of events leading to the abduction of the child or children.

5. Information directly related to the safety and health of the child.

6. Information relating to the safety and welfare of the public.

CBI-AAP4  The Alert may be rebroadcast. The frequency of the rebroadcast information may be at the direction of state or local law enforcement and as additional information becomes available or as investigation circumstances change.

The cancellation of the broadcast shall be the responsibility of the Colorado Bureau of Investigation. The bureau will notify the State EAS Broadcaster if the child has been found. Any law enforcement agency that locates a child who was the subject of an Amber Alert Broadcast shall notify the Colorado Bureau of Investigation as soon as possible by contacting the Colorado Bureau of Investigation Personnel assigned to assist local law enforcement agencies with the Amber Alert Broadcast. _________________________________________________________________________ Editor’s Notes

History

8 CCR 1507-24 COLORADO SEX OFFENDER REGISTRATION ACT - Repealed effective 11/30/05 {#sec-8-ccr-1507-24 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-24}

DEPARTMENT OF PUBLIC SAFETY

Colorado Bureau of Investigation COLORADO SEX OFFENDER REGISTRATION ACT - Repealed eff. 11/30/2005 8 CCR 1507-24 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History

8 CCR 1507-26 Missing Senior Citizen and Person with Developmental Disabilities Alert Program {#sec-8-ccr-1507-26 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-26}

DEPARTMENT OF PUBLIC SAFETY

Colorado Bureau of Investigation MISSING SENIOR CITIZEN AND PERSON WITH DEVELOPMENTAL DISABILITES ALERT PROGRAM 8 CCR 1507-26 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

AUTHORITY TO ADOPT RULES AND REGULATIONS

The Colorado Department of Public Safety Executive Director is mandated to promulgate rules and regulations regarding the MISSING SENIOR CITIZEN AND PERSON WITH DEVELOPMENTAL DISABILITES (hereinafter jointly referred to as “missing person”) ALERT PROGRAM pursuant to 24-33.5- 415.8 DEFINITIONS The definitions provided in section 24-33.5-415.8 (2) shall apply to these rules and regulations. The following definitions shall also apply.

“Verified impaired mental condition” - Signed statement from a family member, close friend, caregiver, doctor or medical facility that verifies the missing senior citizen has an impaired mental condition.

“Verified Developmental Disabilities” – A signed statement from a family member, close friend, caregiver, doctor or medical facility that verifies the missing person has a disability(ies) that is manifested before the person reaches twenty-two years of age, which constitutes a substantial disability to the affected individual, and is attributable to mental retardation or related conditions which include cerebral palsy, epilepsy, autism, or other neurological conditions when such conditions result in impairment of general intellectual functioning or adaptive behavior similar to that of a person with mental retardation. The federal definition of "developmental disability" found in 42 U.S.C. sec. 15001 et seq. shall not apply.

“Senior Citizen/ Person with Developmental Disabilities Alert Broadcast” – Means a public broadcast notification containing information regarding the missing person, circumstances surrounding the disappearance, mode of transportation and/or direction of travel, and any additional information pertaining to the investigation that would lead to the safe return of the missing person.

APPLICABILITY

These rules and regulations shall apply to the Colorado Bureau of Investigation and statewide Law Enforcement.

RULES / REGULATIONS / PROCEDURES

CBI-SCAP/DDAP 1  A local law enforcement agency, operating under their individual policy and procedures, involving an investigation, and upon confirmation of a report of a missing senior citizen or person with developmental disabilities, may notify the Colorado Bureau of Investigation and request that the information be conveyed to the bureau for a Missing Senior Citizen / Person with Developmental Disabilities Alert Broadcast. The Colorado Bureau of Investigation will provide a designated number to be utilized for contacting Colorado Bureau of Investigation Personnel assigned to assist local law enforcement agencies with the Senior Citizen / Person with Developmental Disabilities Alert Broadcast. The number will be operational 24 hours a day, 7 days a week.

CBI-SCAP/DDAP 2  The Colorado Bureau of Investigation will verify the accuracy of the information based on personal contact with a representative from the law enforcement agency. The verification of information provided by the law enforcement agency will include but is not limited to:

1. Confirming the identity of the Law Enforcement Agency and the reporting law enforcement official.

2. Confirmation that law enforcement has received a signed statement from the family member; close friend, caregiver, doctor or medical facility that verifies the missing person is a senior citizen with an impaired mental condition or is a person with developmental disabilities.

3. Verify that the information being reported meets the definition of “missing senior citizen” or “missing person with developmental disabilities.” The Colorado Bureau of Investigation will then forward the information on to participating radio stations, television stations, and other media outlets in Colorado.

CBI-SCAP/DDAP 3  Participating radio stations, television stations, and other media outlets in Colorado may broadcast all appropriate information that may assist in the safe recovery of the missing person, and a statement instructing anyone with information regarding the missing person to contact his or her local law enforcement agency. The alert information may contain but is not limited to:

1. The missing person’s name and identification information to include last known location.

2. Information involving the missing person’s mode of transportation.

3. Brief description of events leading to the disappearance of the missing person.

4. Information directly related to the safety and health of the missing person.

CBI-SCAP/DDAP 4  Once the request has been approved, the requesting law enforcement agency should fill out the “Missing Senior Citizen Alert” or “Missing Person with Developmental Disabilities” preformatted Teletype by typing INFO SENIOR or INFO DD or INFO DEVELOPMENTAL DISABILITY. This Teletype will notify law enforcement in Colorado that there is an active ”Missing Senior Citizen Alert” or “Missing Person with Developmental Disabilities Alert.”

CBI-SCAP5 /DDAP5  The Alert may be rebroadcast as often as possible, but it is recommended to rebroadcast every 15 minutes the first 2 hours, then every 30 minutes. The update of information may be at the direction of state or local law enforcement and as additional information becomes available or as investigation circumstances change. The cancellation of the broadcast shall be the responsibility of the Colorado Bureau of Investigation. The bureau will notify the participating radio stations, television stations, and other media outlets in Colorado that the missing person has been found or at the end of the broadcasted notification period, which ever comes first. The requesting law enforcement agency must contact the Colorado Bureau of Investigation Designee to deactivate the activation once the missing person is located or at the end of the determined notification period.  Once the missing person is located and the Colorado Bureau of Investigation has been notified, the requesting law enforcement agency must cancel the original “Missing Senior Citizen Alert” or “Missing Person with Developmental Disabilities Alert” Teletype that was sent out by their agency. _____________________________________________________ Editor’s Notes

History Entire rule eff. 12/30/2007.

8 CCR 1507-27 Blue Alert Program {#sec-8-ccr-1507-27 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-27}

DEPARTMENT OF PUBLIC SAFETY

Colorado Bureau of Investigation BLUE ALERT PROGRAM 8 CCR 1507-27 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Authority to adopt rules and regulations The Colorado Department of Public Safety executive director is mandated to promulgate rules and regulations regarding the Blue Alert Program pursuant to section 24-33.5-416.5, C.R.S.

Definitions The definitions provided in section 24-33.5-416.5(2) C.R.S. shall apply to these rules and regulations. The following definitions shall also apply.

"Notification Period" - the alert will be active until the suspect(s) is apprehended or the requesting agency provides information that the alert is no longer necessary and should be canceled.

"Peace Officer" – a person who meets all standards imposed by Colorado law on a peace officer is a peace officer, and, notwithstanding any other provision of law. A peace officer may be certified by the peace officers standards and training board pursuant to part 3 of article 31 of title 24, C.R.S., and, at a minimum, has the authority to enforce all laws of the state of Colorado while acting within the scope of his or her authority and in the performance of his or her duties. A federal law enforcement officer who is authorized to carry a firearm and make arrests for violations of federal law while acting within the scope of his or her authority and in the performance of his or her duties.

"Blue Alert Broadcast" – a public broadcast notification containing information regarding the imminent danger posed by a suspect who has killed or seriously injured a peace officer who is acting within the scope of his or her authority and in the performance of his or her duties, including circumstances, mode of transportation and/or direction of travel, and any additional information pertaining to the investigation that may lead to the apprehension of the suspect or suspects.

"Life Threatening Injury" – an injury involving a substantial risk of death; loss or substantial impairment of the function of a bodily member, organ, or mental faculty that is likely to be permanent; or an obvious disfigurement that is likely to be permanent.

Applicability These rules and regulations shall apply to the Colorado Bureau of Investigation (CBI) and law enforcement statewide.

Rules / Regulations / Procedures CBI-BAP1 A) A local law enforcement agency, operating under their individual policy and procedures, involving an investigation, and upon verifying that a peace officer has been killed or has received a lifethreatening injury and the suspect or suspects have fled the scene of the offense may notify the CBI at the main number and request that the information be conveyed to the bureau for a blue alert broadcast.

CBI-BAP2

A) The CBI will verify the accuracy of the information based on personal contact with a representative from the law enforcement agency. The verification of information provided by the law enforcement agency will include but is not limited to: 1) Confirming the identity of the law enforcement agency and the reporting law enforcement official. 2) All appropriate information that the reporting law enforcement agency has that may assist in the apprehension of the suspect or suspects. 3) Verify that the information being reported meets the definition of "peace officer" and "life threatening injury’ as defined in this rule. The CBI will then forward the information on to participating radio stations, television stations, and other media outlets in Colorado.

CBI-BAP3

The alert information may contain but is not limited to:

A) The physical description of the suspect(s) and identification information to include last known location.

B) Information involving the suspect(s) mode of transportation.

C) Brief description of events leading to the offense.

D) A statement instructing anyone with information related to the killing or injuring of the peace officer to contact his or her local law enforcement agency;

E) A warning that the suspect or suspects are dangerous and that member of the public should not attempt to apprehend the suspect or suspects themselves.

CBI-BAP4

A) The alert may be rebroadcast to the public as often as possible, but it is recommended to rebroadcast every 15 minutes the first 2 hours, then every 30 minutes. The update of information may be at the request of state or local law enforcement and as additional information becomes available or as investigation circumstances change. This information is provided to the CBI and forwarded to the broadcaster.

B) The cancellation of the broadcast shall be the responsibility of the CBI. The requesting law enforcement agency must contact the CBI designee to deactivate the broadcast once the suspect or suspects have been apprehended or at the end of the determined notification period.

C) The Bureau will notify the participating radio stations, television stations, and other media outlets in Colorado that the suspect or suspects have been apprehended or at the end of the determined notification period, whichever comes first.

D) A list of broadcasters receiving the alert will be maintained by the CBI. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 09/30/2011.

8 CCR 1507-29 Evidence Collection in Connection with Sexual Assaults {#sec-8-ccr-1507-29 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-29}

DEPARTMENT OF PUBLIC SAFETY

EVIDENCE COLLECTION IN CONNECTION WITH SEXUAL ASSAULTS

8 CCR 1507-29 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

AUTHORITY

The Colorado Department of Public Safety Executive Director is mandated to promulgate rules and regulations concerning forensic medical evidence collection in connection with sexual assaults pursuant to CRS § 24-33.5-113.

DEFINITIONS

The following definitions apply to these rules and regulations:

“Accredited Crime Laboratory” means a law enforcement crime laboratory which has received forensic accreditation through ISO/IEC (International Organization of Standardization/International Electrotechnical Commission) 17025 2017 by a recognized accrediting body.

“Backlog” as referenced in C.R.S § 24-33.5-113 means all unanalyzed collected forensic medical evidence stored in any law enforcement facility in the State of Colorado. All forensic medical evidence received by law enforcement entities as part of an active investigation shall be considered “backlog” until the date these rules become effective.

“CODIS” (COmbined DNA Index System) means a database system controlled by the Federal Bureau of Investigation (FBI) authorizing individuals within an accredited crime laboratory to utilize the system upon successful completion of a FBI QAS (Quality Assurance Standards) audit.

“Forensic Evidence” as referenced in section 113 (b) (I) of CRS § 24-33.5-113 means forensic medical evidence.

“Forensic Medical Evidence” means evidence collected by medical or law enforcement personnel using a sexual assault evidence collection kit (or compon+ents thereof) consistent with state/national collection standards. This excludes any toxicological evidence.

“Forensic evidence analysis/release of results” for the purposes of this law means that any results from the forensic analysis conducted will be released to the submitting agency.

APPLICABILITY

These rules and regulations apply to all personnel who participate in any or all parts of the collection, transportation, storage, forensic analysis, investigation, and the judicial process of forensic medical evidence in connection to alleged sexual assaults occurring in the State of Colorado. These rules must be complied with by March 1, 2014.

CONSENT

Forensic medical evidence must be collected if a victim of an alleged sexual assault requests the collection. Law enforcement and medical personnel shall not, for any reason, discourage a victim of an alleged sexual assault from receiving a forensic medical examination.

Any person who receives forensic medical evidence or the results of those tests conducted on the forensic medical evidence shall not disclose that information except for the authorized purpose for which that forensic medical evidence was obtained.

The COLORADO SEXUAL ASSAULT CONSENT AND INFORMATION FORM must be utilized to obtain consent from and provide information to sexual assault victims regarding:

1. Evidence collection through a medical forensic exam;

2. Forensic evidence analysis/release of results;

3. Reporting options; and 4) Victims’ ability to withdraw consent.

This form must be used beginning March 1, 2014. This form should be utilized prior to the collection of forensic medical evidence whether collected by medical or law enforcement personnel.

Consent or non-consent must be confirmed through the victim’s initials and signature on the form.

Sexual assault victims, ages 18 to 69 at the time of the reported offense/alleged incident, may withdraw their consent for evidence collection and forensic evidence analysis/release of results. However, consent for analysis/release of results cannot be withdrawn once forensic analysis has been initiated by a qualified employee of an accredited crime laboratory.

Withdrawal of consent becomes effective when the investigating law enforcement agency verifies that the person seeking to withdraw consent is the victim who is acting of her/his own free will. If possible, law enforcement should obtain written confirmation of the withdrawal from the victim.

If the evidence collection kit is in the custody of the accredited crime lab when the withdrawal of consent becomes effective, law enforcement must notify the accredited crime lab about the withdrawal as soon as possible, but no later than the second business day after consent has been withdrawn and victim identification has been verified.

Law enforcement must make a reasonable attempt to verify the identity of the person seeking to withdraw consent. If law enforcement cannot verify the identity of the person seeking to withdraw consent, or does not believe the victim is acting of her/his own free will, consent cannot be withdrawn.

FORENSIC ANALYSIS

Beginning on March 1, 2014, all forensic medical evidence received by a law enforcement entity must be submitted to the Colorado Bureau of Investigation or an accredited crime laboratory for analysis within 21 days of receipt of such evidence except under the following circumstances:

1. The victim has not consented or has withdrawn consent to have the forensic analysis conducted;

2. A law enforcement investigation has corroborating evidence that the alleged sexual assault never occurred; or 3) The law enforcement entity is not the investigating agency and must forward the forensic medical evidence to the appropriate agency of jurisdiction for submission as soon as possible.

Upon submission to an accredited crime laboratory, that laboratory must strive to analyze and, when appropriate, upload the information into CODIS within six (6) months of receipt of the forensic medical evidence being submitted, assuming the laboratory has sufficient resources.

The appropriate accredited crime laboratory must report the results of the forensic analysis upon completion of the analysis to the submitting agency.

LAW ENFORCEMENT

Law enforcement agencies must submit their backlog of untested forensic medical evidence for analysis to the Colorado Bureau of Investigation or another accredited crime laboratory no later than March 1, 2014.

These rules apply whether the forensic medical evidence is submitted to the Colorado Bureau of Investigation or to another accredited crime laboratory. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 12/05/2013.

Entire rule eff. 09/30/2022.

8 CCR 1507-33 Rules and Regulations Concerning the Medina Alert Program {#sec-8-ccr-1507-33 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-33}

DEPARTMENT OF PUBLIC SAFETY

RULES AND REGULATIONS CONCERNING THE MEDINA ALERT PROGRAM

8 CCR 1507-33 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Authority to Adopt Rules and Regulations The Executive Director of the Colorado Department of Public Safety is mandated to promulgate rules and regulations regarding the Medina Alert Program (MAP) pursuant to 24-33.5-416.7, C.R.S.

Definitions The definitions provided in section 24-33.5-416.7(2) shall apply to these rules and regulations. The following definitions shall also apply.

“Notification Period”- means the time the alert will be active until the suspect(s) is apprehended or the requesting agency provides information that the alert is no longer necessary and should be canceled.

“Serious Bodily Injury”– has the same meaning as defined in section 42-4-1601(4)(b), C.R.S., namely: injury that involves, either at the time of the actual injury or at a later time, a substantial risk of death, a substantial risk of serious permanent disfigurement, or a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree.

“Hit And Run”– means an incident when the driver of a motor vehicle involved in an accident fails to stop at the scene of the accident as required by section 42-4-1601, C.R.S.

“Medina Alert Broadcast”– means a public broadcast notification issued pursuant to these rules containing information regarding the imminent threat to the safety of the public when a person kills or inflicts a serious bodily injury upon a person during a motor vehicle accident and flees the scene.

Applicability These Rules and Regulations shall apply to the Colorado Bureau of Investigation (CBI) and law enforcement agencies statewide.

Rules / Regulations / Procedures CBI-MAP 1 A. During the course of their investigation, and upon verifying that a motor vehicle accident has occurred that involves a death or serious bodily injury and the suspect or suspects have fled the scene of the offense, a local law enforcement agency, operating under their individual policy and procedures, may notify the CBI at the main number and request that the information be conveyed to the bureau for a Medina Alert Broadcast.

CBI-MAP 2

A. The CBI will verify the accuracy of the information based on personal contact with a representative from the law enforcement agency. The verification of information provided by the law enforcement agency will include, but is not limited to:

1. Verifying the identity of the law enforcement agency and the reporting law enforcement official;

2. Verifying all appropriate information that the reporting law enforcement agency has that may assist in the apprehension of the suspect or suspects;

3. Verifying that the information being reported meets the definition of “Hit and Run” and “Serious Bodily Injury” as defined in Colorado statute and this rule;

4. Verifying law enforcement has sufficient additional information concerning the suspect or the suspect’s vehicle, including but not limited to;

• A complete license plate number of the suspect’s vehicle;

• A partial license plate number and the make, style, and color of the suspect’s vehicle; and/or • The identity of the Suspect.

CBI-MAP 3

A. The Medina Alert Broadcast may contain, but is not limited to, the following information:

1. All appropriate information that the reporting law enforcement agency has that may assist in the apprehension of the suspect(s);

2. A statement instructing anyone with information related to the hit and run accident to contact his or her local law enforcement agency;

3. A warning that the suspect(s) are dangerous and that members of the public should not attempt to apprehend the suspect(s) themselves.

CBI-MAP 4

A. The Medina Alert Broadcast may be rebroadcast to the public as often as possible, but it is recommended to rebroadcast every 15 minutes the first 2 hours, then every 30 minutes thereafter. The update of information may be at the request of state or local law enforcement, as additional information becomes available, or as investigation circumstances change. This information is provided to the CBI and forwarded to the broadcasters.

B. The cancellation of the Medina Alert Broadcast shall be the responsibility of the CBI. The requesting law enforcement agency must contact the CBI designee to deactivate the Medina Alert Broadcast once the suspect or suspects have been apprehended or at the end of the determined notification period.

C. The CBI will notify the participating radio stations, television stations, and other media outlets in Colorado that the suspect or suspects have been apprehended or at the end of the determined notification period, whichever comes first.

D. A list of broadcasters receiving the alert will be maintained by the CBI. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 12/30/2014.

8 CCR 1507-36 Missing Indigenous Persons Alert Program {#sec-8-ccr-1507-36 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-36}

DEPARTMENT OF PUBLIC SAFETY

MISSING INDIGENOUS PERSONS ALERT PROGRAM

8 CCR 1507-36 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

AUTHORITY TO ADOPT RULES AND REGULATIONS

The Colorado Department of Public Safety Executive Director is mandated to promulgate rules and regulations regarding the MISSING INDIGENOUS PERSONS ALERT PROGRAM pursuant to 24-33.5- 431(2)(d), C.R.S.

DEFINITIONS

The definitions provided in section 24-33.5-2601, C.R.S. shall apply to these rules and regulations. The following definitions shall also apply:

“Indigenous” – means having descended from people who were living in North America prior to the time people from Europe began settling in North America, being an enrolled member of a federally recognized Indian Tribe, or being a lineal descendant of a tribally enrolled parent or guardian.

“Indigenous-led organization” – means an organization or entity whose board or decision-making body membership is entirely indigenous and whose staff is comprised of at least seventy percent indigenous persons.

“Missing or Murdered Indigenous Relative” – means any missing or murdered indigenous person.

“Missing Indigenous Persons Alert Program” – means the missing indigenous person alert program operated by the bureau. The program must be a coordinated effort among the bureau, local law enforcement agencies, federal recognized tribes, any governmental agency that may be involved in the search and recovery of a missing indigenous person, and the state’s public and commercial television and radio broadcasters. The bureau may operate the alert system as a part of any other missing person alert program operated by the bureau.

“Missing Indigenous Person Alert Program Broadcast” – means a public broadcast notification containing information regarding the missing indigenous person, circumstances surrounding the disappearance, mode of transportation and/or direction of travel, and any additional information pertaining to the investigation that would lead to the safe return of the missing indigenous person.

“Notification Period” – means the time the alert will be active until the suspect(s) is apprehended or the requesting agency provides information that the alert is no longer necessary and should be canceled.

APPLICABILITY

These rules and regulations shall apply to the Colorado Bureau of Investigation and statewide Law Enforcement.

RULES / REGULATIONS / PROCEDURES

▪ CBI-MIPA 1

• A local law enforcement agency, operating under their individual policy and procedures, involving an investigation, and upon confirmation of a report of a missing indigenous person, may notify the Colorado Bureau of Investigation and request that the information be conveyed to the bureau for a Missing Indigenous Person Alert Broadcast. The Colorado Bureau of Investigation will provide a designated number to be utilized for contacting Colorado Bureau of Investigation Personnel assigned to assist local law enforcement agencies with the Indigenous Person Alert Broadcast. The number will be operational 24 hours a day, 7 days a week.

▪ CBI-MIPA 2

• The Colorado Bureau of Investigation will verify the accuracy of the information based on personal contact with a representative from the law enforcement agency. The verification of information provided by the law enforcement agency, will include but is not limited to:

1. Confirming the identity of the Law Enforcement Agency and the reporting law enforcement official. 2) Confirmation that the missing person has been entered into the CCIC/NCIC system. 3) Reasonable confirmation that the missing person is believed to be an indigenous person and/or a member of a federally recognized tribe and went missing while in Colorado. 4) Verify that the information being reported meets the definition of “missing indigenous person.” The Colorado Bureau of Investigation will then forward the information on to participating radio stations, television stations, and other media outlets in Colorado.

▪ CBI-MIPA 3

• Participating radio stations, television stations, and other media outlets in Colorado may broadcast all appropriate information that may assist in the safe recovery of the missing person, and a statement instructing anyone with information regarding the missing person to contact his or her local law enforcement agency. The alert information may contain but is not limited to: 1) The missing person’s name and identification information to include last known location and tribe affiliation. 2) Information involving the missing person’s mode of transportation. 3) Brief description of events leading to the disappearance of the missing person. 4) Information directly related to the safety and health of the missing person.

▪ CBI-MIPA 4

• Once the request has been approved, the requesting law enforcement agency should fill out the “Missing Indigenous Person Alert” preformatted Teletype by typing INFO MIPA.

This Teletype will notify law enforcement in Colorado that there is an active Missing Indigenous Person Alert”.

▪ CBI-MIPA 5

• The Alert may be rebroadcast as often as possible, but it is recommended to rebroadcast every 15 minutes the first 2 hours, then every 30 minutes. The update of information may be at the direction of state or local law enforcement and as additional information becomes available or as investigation circumstances change. The cancellation of the broadcast shall be the responsibility of the Colorado Bureau of Investigation. The bureau will notify the participating radio stations, television stations, and other media outlets in all affected area that the missing person has been found or at the end of the broadcasted notification period, which ever comes first. The requesting law enforcement agency must contact the Colorado Bureau of Investigation Designee to deactivate the activation once the missing person is located or at the end of the determined notification period.

• Once the missing person is located and the Colorado Bureau of Investigation has been notified, the requesting law enforcement agency must cancel the original “Missing Indigenous Person Alert” Teletype that was sent out by their agency. _________________________________________________________________________ Editor’s Notes

History New rule eff. 12/30/2022.

1507 Division of Criminal Justice

8 CCR 1507-2 VICTIM ASSISTANCE AND LAW ENFORCEMENT ADVISORY BOARD [Repealed eff. 01/14/2019] {#sec-8-ccr-1507-2 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-2}

DEPARTMENT OF PUBLIC SAFETY

Division of Criminal Justice VICTIM ASSISTANCE AND LAW ENFORCEMENT ADVISORY BOARD - Repealed eff. 01/14/2019 8 CCR 1507-2 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History Entire rule repealed eff. 01/14/2019.

8 CCR 1507-4 STANDARDS FOR THE ADMINISTRATION OF CRIME VICTIM COMPENSATION PROGRAMS [Repealed eff. 01/14/2019] {#sec-8-ccr-1507-4 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-4}

DEPARTMENT OF PUBLIC SAFETY

Division of Criminal Justice STANDARDS FOR THE ADMINISTRATION OF CRIME VICTIM COMPENSATION PROGRAMS - Repealed eff. 01/14/2019 8 CCR 1507-4 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History Entire rule repealed eff. 01/14/2019.

8 CCR 1507-5 STANDARDS FOR THE ADMINISTRATION OF VICTIM ASSISTANCE AND LAW ENFORCEMENT (VALE) PROGRAMS [Repealed eff. 01/14/2019] {#sec-8-ccr-1507-5 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-5}

DEPARTMENT OF PUBLIC SAFETY

Division of Criminal Justice STANDARDS FOR THE ADMINISTRATION OF VICTIM ASSISTANCE AND LAW ENFORCEMENT (VALE) PROGRAMS - Repealed eff. 01/14/2019 8 CCR 1507-5 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History Entire rule repealed eff. 01/14/2019.

1507 Division of Fire Prevention and Control

8 CCR 1507-3 Firefighter and Hazardous Materials Responders Voluntary Certification Programs {#sec-8-ccr-1507-3 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-3}

DEPARTMENT OF PUBLIC SAFETY

FIREFIGHTER AND HAZARDOUS MATERIALS RESPONDERS VOLUNTARY CERTIFICATION

PROGRAMS

8 CCR 1507-3 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

SECTION 1 INTRODUCTION AND BACKGROUND INFORMATION

The “Voluntary Certification Program for Fire Fighters” began on June 21, 1979, when House Bill 1243 was signed into law. The general purpose of the certification program is to measure the level of knowledge, skills and abilities possessed by firefighters and first responders and to attest that these individuals meet nationally recognized standards.

The “Hazardous Materials Responder Voluntary Certification Program” was created by HB89- 1223 which was enacted effective July 1, 1989. The general purpose of the certification program is to measure the level of knowledge, skills and abilities possessed by responders to hazardous materials incidents and to attest that these individuals meet nationally recognized standards.

These programs are voluntary, meaning that there is no statutory requirement that firefighters or hazardous materials responders become certified. The certification programs establish a means to judge the proficiency of firefighter and hazardous materials responders, irrespective of their organizational affiliation and regardless of whether they are career or voluntary. These competency-based standards permit evaluation of training programs and promote uniformity in firefighter and hazardous materials responder training.

Colorado Fire Service Training and Certification Advisory Board

Section 24-33.5-1204, C.R.S. creates the Colorado Fire Service Training and Certification Advisory Board, the general purpose of which is to:

• Advise the director on establishing the fire service education and training programs;

• Advise the director on setting minimum standards for training and certification for the programs;

• Advise the director on establishing procedures for determining if firefighters and hazardous materials responders meet these minimum standards; and • Advise the director on certifying applicants who meet the established minimum standards.

The Colorado Fire Service Training and Certification Advisory Board is comprised of fourteen (14) members, eleven (11) of whom are voting members appointed by the Governor, and represent the major stakeholders associated with firefighting and hazardous materials responder communities.

Fire Service Training Program The State of Colorado Fire Service Training Program, previously under the supervision of the State Board of Community Colleges, and Occupational Education, was transferred to the Division of Fire Prevention and Control on July 1, 1986.

SECTION 2 PURPOSE AND AUTHORITY FOR ESTABLISHING RULES 2.1 The purpose of the Firefighter and Hazardous Materials Responder Certification Programs is to measure the level of knowledge, skills and abilities possessed by firefighters and hazardous materials responders and to attest that these individuals meet nationally recognized standards.

These competency-based standards permit evaluation of training programs and promotes uniformity in firefighter and hazardous materials training. 2.2 The purpose of these rules is to achieve the following goals and objectives: 2.2.1 Address current firefighting and hazardous materials response principles and practices. 2.2.2 Establish and promote the fire service and hazardous materials response in the State of Colorado as a professional service. 2.2.3 Improve the performance and coordination of fire suppression and prevention activities, and hazardous materials response, through the development of minimum performance standards for all responders. 2.2.4 Develop more competent and reliable fire service and hazardous materials response personnel through the adoption of national professional qualifications standards and minimum training standards. 2.2.5 Establish and maintain valid procedures that measure specific levels of skills, abilities and knowledge consistent with standards approved and adopted by the Colorado Fire Service Training and Certification Advisory Board. 2.2.6 Establish a statewide uniform testing procedure that will ensure all skills evaluated and all examinations conducted are performed and evaluated in a consistent manner for all fire fighters throughout the State of Colorado. 2.2.7 Establish a fire service education and training program setting forth minimum standards for instructors. 2.2.8 2.2.8 Establish and implement a certification program that will ensure complete impartiality and confidentiality and that is designed in such a manner to safeguard against misuse and abuse. 2.2.9 Ensure that all internationally accredited levels of certification are administered with strict adherence to the requirements and recommendations of the International Fire Service Accreditation Congress (IFSAC) and the National Board on Fire Service Professional Qualifications (the ProBoard). 2.2.10 Establish disciplinary procedures for denial, revocation, limitation, or suspension of an individual’s firefighter certificate and/or an accredited academy’s recognition. 2.2.11 Ensure compliance with Section 24-4-103 (12.5), C.R.S. concerning incorporation by reference requirements. 2.3 Authority for the promulgation of these rules is set forth in Sections 24-33.5-1202 through 24- 33.5-1209, C.R.S. 2.4 All publications, standards, or rules adopted and incorporated by reference in these rules are available for public inspection, copies are available for a reasonable charge, and information regarding obtaining copies is available by contacting the Division of Fire Prevention and Control at 690 Kipling St., Suite 2000, Lakewood, CO 80215, or by telephone at 303-239-4600. The materials incorporated by reference in these rules may also be examined at any state publications depository library. These rules do not include later amendments to or editions of any materials incorporated by reference. 2.4.1 Questions, clarification, or interpretation of these rules should be addressed in writing to:

Colorado Fire Service Training and Certification Advisory Board, c/o Colorado Division of Fire Prevention and Control. 2.5 The Advisory Board, in its discretion, may adopt policies concerning the implementation or interpretation of these rules at any regular or special meeting. 2.6 The Division, in its discretion, may adopt policies or guidelines concerning the methods, procedures and processes for administering the certification program.

SECTION 3 DEFINITIONS

The following definitions apply only to these rules and DO NOT in any way apply to the rules, regulations, or procedures of a local fire service unit or organization. All definitions that appear in Section 24-33.5- 1202, C.R.S. shall apply to these rules. 3.1 ADVISORY BOARD (BOARD) - The Colorado Fire Service Training and Certification Advisory Board created pursuant to Section 24-33.5-1204, C.R.S. Also refers to the members appointed by the Governor to serve on the Advisory Board for prescribed terms. 3.2 AERIAL LADDER APPARATUS – A piece of fire apparatus with a permanently mounted, power operated elevating device, including aerial ladders aerial ladder platforms, telescoping aerial platforms, articulation aerial platforms, and elevating water delivery systems. 3.3 APPLICANT - A person who has satisfied the requirements to be examined for certification or an entity that applies for recognition as an accredited academy. 3.4 CERTIFIED - Applicants who have successfully met or exceeded cognitive and psychomotor/process/project behavioral objectives of the Voluntary Certification Program. 3.5 CERTIFIED PROCTOR - An individual who meets or exceeds the requirements to be certified as a written and/or practical examination proctor. 3.6 CERTIFYING AGENCY - The Colorado Division of Fire Prevention and Control, Colorado Department of Public Safety. 3.7 CHIEF LEVEL OFFICER RANK - Chief or chief executive officer of the department; or Chief officer or equivalent who heads a major bureau or division within a fire department or organization; or Chief officer or equivalent who commands multi-company or multi-station operations on the emergency incident scene or who may command a greater alarm incident. 3.8 CLASS - A single meeting or session devoted to a specific fire service or non-fire service training objective. 3.9 COGNITIVE OBJECTIVE - Pertinent written questions, lists, or problems relative to the level at which a person is being tested. 3.10 COMPETENCE - Possessing knowledge, skills and abilities needed to perform indicated objectives satisfactorily. 3.11 CONTINUING EDUCATION - An instructional program that brings participants' knowledge, skills and abilities up to date when renewing a certification. 3.12 COURSE - Any grouping of classes, or series of lessons or lectures combined to attain a particular education level or training objective. 3.13 DEMONSTRATE - To show by actual use. This may be supplemented by or, when actual use is not feasible, replaced by simulation, explanation, illustration, or a combination of these methods. 3.14 DEPARTMENT - A fire service unit defined in this section. 3.15 DEPARTMENT HEAD - The chief executive officer of an organization. 3.16 DIRECTOR - The Director of the Division of Fire Prevention and Control, Department of Public Safety, State of Colorado. 3.17 DIVISION - The Division of Fire Prevention and Control, Department of Public Safety, State of Colorado. 3.18 EMERGENCY RESPONSE ORGANIZATION - Any organization, public or private whose services include the rescue response, fire suppression, fire prevention activities and or hazardous materials response. 3.19 EMPLOYEE - Anyone who may respond to an emergency incident, either career or volunteer, representing the fire service, law enforcement, search and rescue groups, emergency medical services or industry, and governmental agencies. 3.20 EPA - The United States Environmental Protection Agency. 3.21 FIREFIGHTER - A member of a fire department unit. 3.22 FIRE DEPARTMENT UNIT - An organization providing rescue, fire suppression, hazardous materials response, and related activities. The term “Fire Department” shall include any public, governmental, private, industrial, or military organization engaging in this type of activity. 3.23 HAZARDOUS MATERIALS - For the purpose of these Rules, hazardous material means those substances that, upon release, have the potential of causing harm to people, property, or the environment. This definition includes hazardous materials, hazardous substances and hazardous wastes. 3.24 HAZARDOUS MATERIALS INCIDENT - A fire involving a hazardous materials, or a release or potential release of a hazardous material that, in the judgment of an emergency response

authority, threatens sudden and irreparable harm to the environment or the health and safety of any individual, including those incidents of spilling, dumping or abandonment of a hazardous material, whether or not such spilling, dumping, or abandonment is found to threaten harm, but does not include any discharge of a hazardous materials authorized pursuant to any federal, state, or local law or regulation. 3.25 HAZARDOUS MATERIALS RESPONSE TEAM - An organized group of hazardous materials technicians that responds to hazardous materials incidents, including those involving the use of Weapons of Mass Destruction (WMD). At the discretion of the team leader, personnel trained in hazardous materials operations may also augment the Hazardous Materials Response Team in the performance of low-risk tasks that do not bring them into contact with hazardous materials or substances, such as decontamination. 3.26 JOB PERFORMANCE REQUIREMENT (JPR) - Actual use or performance, safely and efficiently accomplished and in accordance with procedures and standards established for the Voluntary Certification Program. 3.27 NATIONAL ACCREDITATION - Issued to a candidate who has met all of the requirements of the NFPA Standards, and has taken an passed both the written and practical examinations, when required, for an accredited level of certification that meets the requirements of the International Fire Service Accreditation Congress (IFSAC) and the National Board on Fire Service Professional Qualifications (The ProBoard). 3.28 NFPA - The National Fire Protection Association. 3.29 NON –ACCREDITED – Certification not officially recognized as meeting the requirements of the NFPA Standards. 3.30 NON-CERTIFIED - Any applicant who does not possess a valid certification recognized by the Board. 3.31 OSHA - The Occupational Safety and Health Administration. 3.32 POLICIES - Formal guidelines promulgated by the Division and/or the Advisory Board concerning the methods, procedures and processes for implementing these rules and administering the certification program. 3.33 PSYCHOMOTOR OBJECTIVE - Actual use or performance, safely and efficiently accomplished within a specific time limit and in accordance with procedures and standards established for National Accreditation or Firefighters and meets the requirements of the NFPA Standards as its

basis. 3.33.1 Psychomotor Skill – A manipulative skill conducted in real time, directly observed by a proctor, and assessed using a psychomotor skills examination. 3.33.2 Psychomotor Assessment – A skill completed in real time which cannot be directly observed and is scored using a rubric with questions and expected verbal responses. 3.33.3 Product (project) – A skill which cannot be directly observed and utilizes a work product created by the candidate scored using a rubric with expected responses. The proctor will evaluation how a candidate completes the task outcome after submission. 3.34 REFRESHER TRAINING - A course of instruction, condensed over a short period of time, designed to provide training to persons for the purpose of preparing them for renewal of certification. 3.35 SAFELY - Means to perform the objective without endangering or injuring oneself or others.

SECTION 4 REQUIRED TRAINING/TRAINING CURRICULUM 4.1 The department head of each organization shall designate the type and kind of training required.

However, all training must meet the NFPA professional qualifications standards.

Explanatory Information: The department head has the ultimate responsibility to ensure to the citizens of their jurisdiction that the individual is properly trained. The department head also has the responsibility for certifying to the Division that the individual applying for certification at any level, or renewal of certification, is adequately trained and qualified for the requested level of certification. The department head of each organization is responsible for the credibility of the certification program as it relates to the organization. Emergency responses are considered experience – not training. 4.2 Training subjects for the various levels of certification are those listed in the NFPA Standards for Professional Qualifications. 4.3 The Advisory Board will consider granting recognition of training curriculum for each level of certification that meets or exceeds the criteria set forth in the NFPA Standards, OSHA and U.S.

Environmental Protection Agency (EPA) Regulations as adopted in Section 4 and/or published by the Division and the Board. 4.4 The applicant requesting recognition of training curriculum must provide the Advisory Board an outline of the curriculum which includes references to the appropriate standards and/or regulations, and identifies the number of recommended student contact hours, and any other information deemed appropriate by the Board. 4.5 The NFPA Standards adopted and incorporated herein as allowed and required by the accredited bodes IFSAC and The ProBoard: 4.5.1 NFPA Standard 470, Hazardous Materials/Weapons of Mass Destruction (WMD)

Standard for Responders, 2022 edition 4.5.2 NFPA 1000 – Standard for Fire Service Professional Qualifications Accreditation and Certification Systems, 2022 edition 4.5.3 NFPA 1001 – Standard for Fire Fighter Professional Qualifications, 2019 edition 4.5.4 NFPA 1002 – Standard for Fire Apparatus Driver/Operator Professional Qualifications, 2017 edition 4.5.5 NFPA 1003 – Standard for Airport Fire Fighter Professional Qualifications, 2019 edition 4.5.6 NFPA 1006 – Standard for Technical Rescue Personnel Professional Qualifications, 2013 edition 4.5.7 NFPA 1021 – Standard for Fire Officer Professional Qualifications, 2020 edition 4.5.8 NFPA 1030 Standard for Professional Qualifications for Fire Prevention Program Positions, 2024 edition 4.5.9 NFPA 1041 - Standard for Fire and Emergency Services Instructor Professional Qualifications, 2019 edition 4.5.10 NFPA 1403 – Standard on Live Fire Training Evolutions, 2018 edition 4.5.11 NFPA 1521 – Standard for Fire Department Safety Officer Professional Qualifications, 2020 edition 4.6 Copies of the NFPA publications adopted and incorporated by reference herein are available by ordering from the National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02169.

(NFPA.org) 4.7 The federal regulations adopted and incorporated herein by reference, are as follows: 4.7.1 Code of Federal Regulations; Title 49, part 171.8, 1993. U.S. Department of Transportation. 4.7.2 Code of Federal Regulations; Title 29, part 1910, Hazardous Waste Operations and Emergency Response, Final Rule, printed in the Federal Register. OSHA 4.7.3 Code of Federal Regulations; Title 40, part 311, Worker Protection Standards for Hazardous Waste Operations and Emergency Response, Final Rule, printed in the Federal Register. U.S. EPA 4.8 Copies of the federal regulations adopted and incorporated by reference herein are available in electronic format and may be ordered in print form from the U.S. Government Bookstore.

SECTION 5 GENERAL REQUIREMENTS FOR CERTIFICATION 5.1 Anyone choosing to participate in the Voluntary Certification Program will adhere to all rules, policies and procedures set forth and adopted by the Advisory Board and the Division. 5.2 By completing the information in the Division online records management system, the department head or designee is certifying that the requirements have been met for that level of certification and that department records will exist to support the training. The Advisory Board maintains the right to assign a Board member or designee to observe the job performance requirements of applicants and to review the applicants’ training records. 5.3 The organization requesting certification must submit applications and fees a minimum of fourteen (14) days prior to the scheduled examination date. 5.4 Certification will be awarded for a five (5) year period, unless earlier revoked. 5.5 Certificates will be issued with the expiration dates of January 1 or July 1, depending on when the applicant is certified. 5.6 Certifications Levels available through the Colorado Division of Fire Prevention and Control:

(a) Fire Fighter I (b) Fire Fighter II (c) Fire Officer I (d) Fire Officer II (e) Fire Officer III (f) Fire and Emergency Services Instructor I (g) Fire and Emergency Services Instructor II (h) Fire and Emergency Services Instructor III (i) Driver Operator Tender (j) Driver Operator (k) Driver Operator Pumper (l) Driver Operator Aerial (m) Youth Fire Setting Intervention Specialist I (n) Airport Rescue Firefighter (o) Fire and Life Safety Educator I (p) Fire and Life Safety Educator II (q) Hazardous Materials – Awareness (r) Hazardous Materials – Awareness/ Operations (s) Hazardous Materials Technician (t) Hazardous Materials Instructor (u) Incident Safety Officer (v) Live Fire Training and Fixed Facility Instructor (w) Technical Rescue Personnel (x) Fire Inspector I (y) Written and/or Practical Proctor

SECTION 6 SPECIAL CERTIFICATES AND AWARDS 6.1 Certificates and awards, including “Honorary Certification,” may be presented by the Board for the

purpose of raising the level of awareness of the Voluntary Certification Program and to recognize and otherwise foster cooperation among other agencies, groups, organizations, jurisdictions, and individuals.

SECTION 7 PROCEEDINGS PURSUANT TO DENIAL, REVOCATION, SUSPENSION,

ANNULMENT, LIMITATION OR MODIFICATION OF CERTIFICATION 7.1 Denial of Certification. The Division, in accordance with the Administrative Procedure Act, Section 24-4-101, et seq., C.R.S., as amended, may deny any certificate or refuse to renew a certificate to any applicant for, but not limited to, the following reasons: 7.1.1 Failure to meet requirements specified in these rules pertaining to the Issuance of Certificates and the renewal of certification. 7.1.2 Any conduct as described in Section 7.2.2 pertaining to good cause for disciplinary action. 7.1.3 Fraud, misrepresentation, or deception in applying for, or renewing certification, or in taking any written or practical certification examination. 7.1.4 Aiding and abetting another person in procuring certification for any person who is not eligible for certification. 7.1.5 Creating a disturbance during a state practical skills evaluation or a state written examination, or conducting themselves in a manner that disrupts other persons taking the examinations or prevents the examination proctor from conducting the examination. 7.2 Revocation, Suspension, or Limitation of Certification 7.2.1 Any certification issued by the Division may be suspended, summarily suspended, revoked, or limited for good cause in accordance with the Administrative Procedure Act,

Section 24-4-101 et seq., C.R.S., as amended. 7.2.2 Good cause for disciplinary sanctions listed in this section (denial, revocation, suspension, annulment, limitation, or modification of certification) shall include, but not be limited to: 7.2.2.1 Evidence that the minimum standards for certification set forth in these rules have not been met. 7.2.2.2 Material misstatement or misrepresentation on the application for certification. 7.2.2.3 Proof of unfitness. 7.2.2.4 Proof of individual’s failure to meet, and continue to meet, performance standards at the level certified. 7.2.2.5 Unlawful use, possessing, dispensing, administering, or distributing controlled substances. 7.2.2.6 Conviction of, or a plea of no contest to, unlawful conduct that relates to certification status. 7.2.2.7 Driving an emergency vehicle in a reckless manner, or while under the influence of alcohol or other performance altering drugs. 7.2.2.8 Demonstrating a pattern of alcohol or other substance abuse. 7.2.2.9 Obtaining or attempting to obtain certification or recertification by fraud, misrepresentation, deception, or subterfuge. 7.2.2.10 Materially altering any Division certificate, or using and/or possessing any such altered certificate. 7.2.2.11 Unlawfully discrimination in the provisions of services based upon national origin, race, color, creed, religion, age, physical or mental disability, sexual preference, infectious disease, or economic status. 7.2.2.12 Representing qualifications at any level other than the person’s current certification level. 7.2.2.13 Failure to pay required fees for certification. 7.3 Good cause for disciplinary sanctions listed in this section (denial, revocation, suspension, annulment, limitation, or modification of certification) against the certification held by an instructor or certified proctor shall include, but not be limited to: 7.3.1 Failure to adhere to the policies, procedures, and administrative requirements for delivery, documentation, test administration, and certification as adopted, administered and/or recognized by the Advisory Board and the Division. 7.3.2 Failure to maintain security over written exams, including unauthorized access or reproduction of examination materials. 7.4 If the Board finds that grounds exist for the denial, revocation, suspension, annulment, limitation, or modification of certification of any fire service personnel or applicant, action will be taken according to the provisions of the Colorado Administrative Procedure Act, Section 24-4-101, et seq., C.R.S., as amended. 7.5 Upon the denial, revocation, suspension, annulment, limitation, or modification of any member of a fire service unit or applicant, the person shall return to the Board all certificates, cards, patches or other identification issued by the Board for said certification and accreditation levels.

SECTION 8 FEES 8.1 The following fees shall apply for products and services provided by, or on behalf of the Division: 8.1.1 Application for initial written examination $35.00 8.1.2 Application for retake written examination $35.00 8.1.3 Application for Colorado Executive Fire Administrator Certification $35.00 8.1.4 Application for proctor certification $35.00 8.1.5 Application for renewal of certification – 5 year $45.00 8.1.6 Reinstatement/Regression fee for expired certification $40.00 8.1.7 Application for reciprocity $40.00 8.1.8 Use of Mobile Training Props $200.00/Site 8.2 All application fees payable to the Division must be made at the time of application and are not refundable.

SECTION 9 INQUIRIES 9.1 Questions, clarification, or interpretation of these Rules should be addressed in writing to:

Professional Qualifications & Training Section Chief, Colorado Division of Fire Prevention and Control, 690 Kipling St, Suite 2000, Lakewood, CO 80215. Telephone number: (303) 239-4600. _________________________________________________________________________ Editor’s Notes

History Sections 1-8 eff. 06/30/2005.

Entire rule eff. 12/30/2007.

Entire rule eff. 09/30/2019.

Entire rule eff. 01/01/2025.

8 CCR 1507-10 HAZARDOUS MATERIALS RESPONDER VOLUNTARY CERTIFICATION PROGRAM [Repealed eff. 09/30/2019] {#sec-8-ccr-1507-10 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-10}

DEPARTMENT OF PUBLIC SAFETY

Division of Fire Prevention and Control HAZARDOUS MATERIALS RESPONDER VOLUNTARY CERTIFICATION PROGRAM - Repealed eff. 09/30/2019 8 CCR 1507-10 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 10/30/2007.

Entire rule repealed eff. 09/30/2019.

8 CCR 1507-11 Fire Suppression Program {#sec-8-ccr-1507-11 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-11}

DEPARTMENT OF PUBLIC SAFETY

8 CCR 1507-11

FIRE SUPPRESSION PROGRAM [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

SECTION 1 INTRODUCTION AND BACKGROUND INFORMATION

The Colorado Fire Suppression System Program began on January 1, 1991. It was created by Senate Bill 90 4, which was signed into law on May 18, 1990. The purpose of the Colorado Fire Suppression Program is to ensure that life safety systems, installed in commercial and residential occupancies, are installed and maintained properly, according to nationally recognized standards. 24-33.5-1204.5, C.R.S. establishes the authority to promulgate rules and regulations to administer the fire suppression program and to establish fees and charges necessary to defray the anticipated costs of the program.

SECTION 2 DEFINITIONS

The definitions provided in 24-33.5-1202, C.R.S., apply to these rules and regulations. The following additional definitions also apply: 2.1 APPRENTICE: - means an individual who installs sprinkler systems under the guidance and instruction of a registered Sprinkler Fitter. 2.2 AUTHORITY HAVING JURISDICTION (AHJ): - means the Division, unless delegated to a Local

Authority Having Jurisdiction having Fire Suppression Systems Inspectors certified to the appropriate level. 2.3 CERTIFICATE OF REGISTRATION (OR REGISTRATION): means the document issued to a contractor under these Rules authorizing a contractor to conduct business in this state. 2.4 CERTIFICATE OF ROUGH INSTALLATION (CORI): - Means a record of installation documented in a format prescribed by the DFPC which asserts that the system has been installed in accordance with the State of Colorado’s Codes, Standards, Rules and Regulations pertinent to Fire Suppression systems. The CORI must accompany a complete set of the design documents created by the design professional in accordance with Section 6.2.5 of these rules. Where the AHJ is not conducting inspections, the CORI must include a signed attestation from a State of Colorado certified PREMANUFACTURED SYSTEM FIRE SUPPRESSION SPECIAL INSPECTOR asserting that the inspector has verified that the fire suppression system has been inspected and complies with the presented system documents. 2.5 COMPANY: means a corporation, partnership, firm or association, two or more persons having a joint or common interest, or any other legal or commercial entity. 2.6 CEU: - means continuing education units. Each 10 hours of related professional development activities equals one CEU. 2.7 DEFICIENCY: - means for the purposes of inspection, testing, and maintenance of Fire Suppression Systems, a condition that will or has the potential to adversely impact the performance of a system or portion thereof but does not rise to the level of an impairment. 2.8 DIRECTOR: - means the Director of the Division, or his designee. 2.9 DIVISION: - means the Colorado Division of Fire Prevention and Control. 2.10 FIRE SUPPRESSION SYSTEM: - means an assembly of any or all of the following: piping valves, conduits, dispersal openings, sprinkler heads, orifices, and other similar devices that convey extinguishing agents for the purpose of controlling, confining, or extinguishing fire, with the exception of multipurpose residential fire sprinkler systems in one- and two-family dwellings and townhouses that are part of the potable water supply, pre-engineered range hoods, duct systems, and portable fire extinguishers. 2.11 FIRE SPRINKLER SYSTEM: - means a Fire Suppression System consisting of integrated piping, valves, sprinklers, and water supplies designed to be activated by the heat of a fire and discharge water over the fire area. 2.12 ICC: - means the International Code Council. 2.13 IMPAIRMENT: - means a condition where a Fire Suppression System or unit or portion thereof is out of order, and the condition can result in the Fire Suppression System or unit not functioning in a fire event. 2.14 INDIVIDUAL (OR PERSON): means a person, including an owner, manager, officer, employee, or individual. 2.15 INSPECTION, TESTING, AND MAINTENANCE SERVICE: means a service program provided by a qualified contractor or qualified property owner’s representative in which all components unique to the property’s systems are inspected and tested at the required times and necessary maintenance is provided. 2.16 INSTALLATION: means the initial placement of equipment or the extension, modification, or alteration of equipment after the initial placement. 2.17 LOCAL AUTHORITY HAVING JURISDICTION: means the fire chief, fire marshal or other designated official of a county, municipality, or special district that has fire code enforcement responsibilities. 2.18 MAINTENANCE: means to sustain in a condition of repair that will allow performance as originally designed or intended. 2.19 MAJOR ALTERATION: - A change in the occupancy, hazard, water supply, storage commodity, storage arrangement, building modification, or other condition that affects the installation criteria of a suppression system. 2.20 MULTIPURPOSE RESIDENTIAL FIRE SPRINKLER SYSTEM: - means a residential Fire Suppression System intended to serve both domestic and fire protection needs, utilizing a common piping system supplying both domestic plumbing fixtures and fire sprinklers which does not contain a cross connection control device in the system piping. This does not include Passive Purge Systems as defined by NFPA 13D. A multipurpose system may also be referred to as a combination system or network system. 2.21 NICET: means the National Institute for Certification in Engineering Technologies. 2.22 NFPA: means the National Fire Protection Association. 2.23 PERMIT: - means a construction permit for a fire protection system issued by the Division or a certified Fire Suppression System Inspector once construction plans or shop drawings have been approved or approved with corrections. A permit allows a registered fire suppression contractor to install or modify Fire Suppression Systems, appurtenances, and equipment as shown on the approved drawings. 2.24 PREMANUFACTURED SYSTEM: - Means a fire suppression system (or components thereof) manufactured, assembled, or tested at a centralized manufacturing location prior to being transported to its final installation site which is within the boundaries of the State of Colorado. 2.25 PREMANUFACTURED SYSTEM FIRE SUPPRESSION SPECIAL INSPECTOR: - Means an individual who has complied with the requirements for certification as a FIRE INSPECTOR II as outlined in 8 CCR 1507-101 but does not comply with Section 4.2.2 C. of said Regulation because there is no direct employment relationship with a State of Colorado AHJ responsible for providing fire inspection or plan review services. 2.26 PROFESSIONAL ENGINEER: - means an individual licensed as an engineer and working within competence, training and/or education pertinent to the fire sprinkler industry. 2.27 RESPONSIBLE MANAGING EMPLOYEE (RME): - means an individual or person engaged by a fire suppression contractor who is currently a professional engineer or certified by the National Institute for Certification in Engineering Technologies (NICET) at a level III or level IV in fire protection engineering technologies, automatic sprinkler layout, or another nationally recognized organization approved by the Division. 2.28 RESIDENTIAL FIRE SUPPRESSION CONTRACTOR: - means a fire suppression contractor that, individually or through others, offers to undertake, represents itself as being able to undertake, or does undertake to sell, lay out, fabricate, install, modify, alter, repair, maintain, or perform maintenance inspections of a residential Fire Suppression System. 2.29 RESIDENTIAL FIRE SUPPRESSION SYSTEM: - means a Fire Suppression System designed for or installed in a one- or two-family dwelling or townhouse that is not regulated by the Colorado board of plumbers. 2.30 SERVICE (OR REPAIR): means to repair in order to return the system to proper operational condition. 2.31 SMALL PROJECT: - means any modification to an existing suppression system which has no adverse effect on the integrity of the existing fire protection system, including the hydraulic design, and which involves the addition or relocation of no more than 20 sprinkler heads. 2.32 SPRINKLER FITTER: - means a person other than an apprentice who is registered with the administrator and who installs fire sprinkler systems. “Sprinkler Fitter” does not include a person who performs maintenance and repair on Fire Suppression Systems as a part of being a direct employee or operator of the building. A Sprinkler Fitter does not include a person who performs work exclusively on cross-connection control devices or a person who performs work exclusively on an underground system. “Sprinkler Fitter” does not include a person performing work on his or her own home. 2.33 TOTAL PROJECT VALUATION: - means the construction cost of the project, including materials and labor, for which the permit is being issued. Such valuation of construction cost is equal to the cost of the project as demonstrated by detailed estimates provided by the Permit applicant. 2.34 UNDERGROUND SUPPLY LINE: - means the piping and appurtenances downstream from the system installed and maintained by the municipal water supply which supplies water to the Fire Suppression System.

SECTION 3 FIRE SUPPRESSION SYSTEM CONTRACTOR REGISTRATION 3.1 Registration Required 3.1.1 Any individual or company that employs individuals who physically work on, design, test, inspect, or install any part of a Fire Suppression System, including underground supply lines from public water lines to system risers and backflow preventers, must be registered.

1. Public utilities installing underground supply lines for which they remain responsible to maintain and repair after initial installation.

2. Building owners conducting maintenance on their fire protection systems under the provisions of NFPA 25 and filing reports with the local fire department having certified Fire Suppression System Inspectors or the Division. This exception does not apply to work conducted on system components that would require licensing, registration, or certification under any state or federal laws or regulations.

3. An individual who installs a system in his or her single family residence (owner occupied) that is designed by a registered contractor and installed in accordance with NFPA 13D standards, and meets all local requirements.

4. Individuals or companies installing pre-engineered range hoods and duct extinguishing systems.

5. Individuals or companies that install, maintain, repair, or test Multipurpose Residential Fire Sprinkler Systems or other systems that would be classified as plumbing under these Rules and the definitions specified by the Colorado State Board of Plumbers in CRS Title 12, Article 58. 3.2 Specific Registrations 3.2.1 Individuals or companies performing work in accordance with Section 3.1 on Fire Suppression Systems in commercial, civil, or residential occupancies must be registered as “FIRE SUPPRESSION SYSTEM CONTRACTOR.” 3.2.2 Individuals or companies performing work in accordance with Section 3.1 on Fire Suppression Systems only in residential occupancies must be registered as “RESIDENTIAL FIRE SUPPRESSION SYSTEM CONTRACTOR.” 3.2.3 Individuals or companies installing Underground Supply Lines from public water lines to system risers must be registered as “FIRE SUPPRESSION SYSTEM CONTRACTOR – UNDERGROUND.” 3.2.4 Individuals or companies conducting installation, maintenance, service or testing of backflow prevention devices installed on fire sprinkler systems must be registered as “FIRE SUPPRESSION SYSTEM CONTRACTOR – BACKFLOW.” 3.2.5 Individuals or companies performing work on a Premanufactured system to be installed in Colorado subject to regulation by the State of Colorado’s adopted Codes, Standards, Rules, and Regulations must be registered as “FIRE SUPPRESSION SYSTEM CONTRACTOR - PREMANUFACTURED” 3.3 Registration Application Requirements In order to register, each contractor operating in Colorado must understand, agree, and attest to the following: 3.3.1 That the applicant must carry general liability insurance in the amount of at least $1 million that includes products and completed operations coverage related to the installation of Fire Suppression Systems.

Exemption: Government entities serving as contractors on their own wholly owned properties. 3.3.2 That the applicant is a principal of the company as defined in Colorado Revised Statutes 24 33.5 1202(8.4), C.R.S., which has been recorded with the Colorado Secretary of State's Office.

Exemption: Government entities serving as contractors on their own wholly owned properties. 3.3.3 That all information included on the application is complete and correct. 3.3.4 That the applicant will notify the Division within 30 days of any changes that occur in the information provided, including but not limited to: a change in responsible managing employee or principal agent of the contractor; a change in address, telephone number, or e-mail address; or a change in insurance coverage. 3.3.5 That the applicant has read, understands, and will comply with Colorado Revised Statutes governing Fire Suppression Systems; all applicable rules, codes, and standards adopted by the Division; and all codes, ordinances and resolutions adopted by municipalities, counties and fire protection districts in which they work. 3.3.6 That the applicant must not perform any installation or maintenance work on a Fire Suppression System in Colorado until such time as their registration has been formally issued by the Division. 3.4 Registration Application and Renewal Procedures 3.4.1 An applicant must apply for registration in a format provided by the Division. Application instructions are available on the Division’s website (www.colorado.gov/dfpc); from the Division’s offices at 700 Kipling St, Suite 4100, Denver, CO 80215; or by telephone at 303-239-4100. 3.4.2 An applicant must submit the completed application along with the registration fees and all required supporting documentation prior to action by the Division. No cash payments will be accepted. 3.4.3 An applicant must submit documentation of general liability insurance in the amount of at least $1 million that includes products and completed operations coverage related to the installation of Fire Suppression Systems. The documentation submitted must identify inclusion and exclusions of the coverage including any restrictions on the types of systems to be insured. 3.4.4 An applicant must submit proof of existence and good standing of the applicant with the Secretary of State. 3.4.5 New applicants must submit a completed and notarized Affidavit of Legal Residency as required in 24-76.5-103(4)(b), C.R.S. The affidavit must have been executed within 30 days of the submittal of the application. 3.5 Duration of Registration 3.5.1 The registration period for new and renewal registrations will expire on December 31st each year regardless of when the registration was issued, unless earlier suspended or revoked. There will be no pro-rating of registration fees. 3.5.2 Applications for renewal shall be submitted no more than 30 days prior to expiration, A grace period for renewal may be extended for up to 30 days after expiration, after which a late application fee will be assessed. 3.5.3 All applications for registration shall have no longer than 30 days from the original submittal to correct deficiencies in their application including missing materials or fees.

Applications older than 30 days with outstanding deficiencies will be considered vacated applications and the fees surrendered. 3.5.4 Applicants submitting more than 60 days after expiration shall submit all documentation required of a new applicant in addition to any required documentation for their renewal application. 3.6 Specific Requirements for Fire Suppression System Contractors 3.6.1 A Fire Suppression Contractor must engage a Responsible Managing Employee, 3.6.2 Contractors without a RME on staff shall employ on staff an individual qualified in the layout, fabrication, installation, alteration, servicing, repair, and inspection of fire suppression systems. A registered sprinkler fitter may be utilized to meet this requirement. 3.6.3 Fire Suppression System Contractors regulated by these Rules must not allow a person to work on a fire sprinkler system who is not registered with the Division as a Sprinkler Exemption: Persons who are enrolled in a sprinkler fitter apprenticeship program and are under the direct supervision and immediate presence of a registered Sprinkler Fitter may perform work on a Fire Suppression System. 3.7 Specific Requirements for Residential Fire Suppression System Contractors 3.7.1 A Residential Fire Suppression System Contractor must engage a RME. 3.7.2 Contractors without a RME on staff shall employ on staff an individual with demonstrated knowledge of suppression systems to serve as primary technical point of contact for the contractor. 3.7.3 Knowledge may be demonstrated by successful completion of residential sprinkler system training, completion of NFPA 13D related coursework, or other residential suppression system training as approved by the Division. A registered sprinkler fitter may be utilized to meet this requirement.

Codes and Standards Assessment (CSA) Sprinkler Residential On-Site Competent Person Exam (ASR2) or Sprinkler Commercial/Residential On-Site Competent Person (ASCR2) satisfies this experience requirement. 3.7.4 For contractors installing CPVC or PEX piping systems, the applicant must provide a certificate of successful completion of the applicable training course issued by the manufacturer or their representative to the contractor’s employed fitter(s) intending to work on and install these systems. 3.7.5 Before installing a pre-engineered residential Fire Suppression System, applicants must demonstrate that they are authorized and certified by the system manufacturer to install that specific residential Fire Suppression System. 3.8 Specific Requirements for Fire Suppression System Contractors-Backflow 3.8.1 A Fire Suppression System Contractor-Backflow must employ cross-connection control technicians holding valid certification from the American Society of Sanitary Engineering (ASSE), the American Backflow Prevention Association (ABPA), or the Association of Boards of Certification (ABC), in conformance with requirements set forth by the Colorado Primary Drinking Water Regulations. 3.9 Specific Requirements for Fire Suppression System Contractors-Underground 3.9.1 Upon initial application or renewal, Fire Suppression System Contractors-Underground will attest that all personnel performing work on fire suppression systems have received training on and retain copies available for use of NFPA 13, NFPA 22, and NFPA 24, as adopted by the Division in 8 CCR 1507-101, and a copy of these Fire Suppression Program Rules. 3.9.2 All Fire Suppression System Contractors-Underground personnel shall at all times have access on the worksite to copies of NFPA 13, NFPA 22, and NFPA 24, as adopted by the Division in 8 CCR 1507-101, and a copy of these Fire Suppression Program rules. 3.9.3 Upon initial application or renewal, Fire Suppression Contractors-Underground will attest that until they release responsibility for the underground fire main installation to the owner, they will not allow any fire suppression system to be connected to the underground fire main by any person not registered with the Division as a Fire Suppression System Contractor, unless said person is exempt from registration by

Section 3.1.1 of these rules. 3.10 Specific requirements for Fire Suppression System Contractor – Premanufactured 3.10.1 Fire Suppression System Contractor – Premanufactured must employ or contract with a State of Colorado Certified PREMANUFACTURED SYSTEM FIRE SUPPRESSION SPECIAL INSPECTOR who is responsible to:

1. Oversee, inspect, and certify (via the CORI) that the system has been installed in accordance the State of Colorado’s adopted Codes, Standards, Rules, and Regulations.

2. Oversee, inspect, and certify (via the CORI) that the system has been installed in accordance with the accompanying design documents which have been reviewed, approved, and permitted by the qualified local jurisdiction where the premanufactured system will be installed. 3.10.2 Fire Suppression System Contractor – Premanufactured must employ a State of Colorado registered Sprinkler Fitter. 3.10.3 Fire Suppression System Contractor – Premanufactured upon application for renewal must produce evidence that the company’s design processes, installation operations, and inspection practices have been inspected and approved by DFPC within the previous three years. The cost of said inspection and review is the sole responsibility of the Contractor including all travel cost as deemed necessary by the Division for onsite inspection. The documentation of this approval by DFPC will not be released until the associated cost of the inspection have been remitted to DFPC. 3.11 Denial of Application 3.11.1 The Division may deny any application for registration for the following reasons:

3. False statements on the application form or in any of the attachments required for registration;

4. Failure to meet or complete all requirements specified within the application;

5. The applicant is currently barred from registration, certification, or licensure from another State agency, governing body, or local jurisdiction;

6. The applicant has been convicted of a crime which reflects upon the integrity of the applicant in operating within the capacity for which they are seeking registration;

7. The applicant has been terminated from employment from a registered fire suppression contractor, fire authority, or other governing body for engaging in negligent or unsafe work or construction practices. 3.11.2 If the Division finds that grounds exist for the denial of any application for registration, action shall be taken according to the provisions of the Colorado Administrative Procedure Act, Section 24-4-101, et seq., C.R.S. 3.12 Registration Renewal 3.12.1 Applications for renewal shall be submitted prior to expiration, subject to a 60-day grace period. Applicants submitting more than 60 days after expiration shall submit all documentation required of a new applicant in addition to documentation of continuing education in accordance with 5.4.2 and may be required to pay a late application fee as well as the renewal fee. 3.12.2 RMEs must demonstrate that they have maintained their appropriate certifications or licensure. Individuals qualified under 3.6.2 or 3.7.2 must demonstrate CEU’s in accordance with Section 5.4.2.

SECTION 4 FIRE SUPPRESSION SYSTEM INSPECTOR CERTIFICATION 4.1 Certification Required 4.1.1 Any installation, modification, alteration, or repair of a Fire Suppression System must be approved by a certified Fire Inspector II, in accordance with the provisions of 8 CCR 1507-101 § 4.2.3B. Each county, municipality, or special district that has Fire Suppression Systems enforcement responsibilities must, as needed, provide certified Fire Inspectors certified to the appropriate level.

1. Inspectors of multipurpose residential sprinkler systems must meet the requirements of the State Board of Plumbing and are not regulated by the Division. 4.1.2 Individuals performing plan reviews on Fire Suppression Systems must be certified as Fire Inspector III-Plans Examiner, in accordance with 8 CCR 1507-101 § 4.2.3C. 4.1.3 Individuals performing inspections on Fire Suppression Systems must be certified as Fire -Inspector II, in accordance with the provisions of 8 CCR 1507-101 § 4.2.3B or Fire Inspector III-Plans Examiner, in accordance with 8 CCR 1507-101 § 4.2.3C. 4.2 Certification Requirements 4.2.1 Inspectors performing work under this rule shall be governed by the provisions of 8 CCR 1507-101 (BUILDING AND FIRE CODE ADOPTION AND CERTIFICATION OF INSPECTORS FOR FIRE & LIFE SAFETY PROGRAMS ADMINISTERED BY THE STATE OF COLORADO).

SECTION 5 SPRINKLER FITTER REGISTRATION 5.1 Registration Required 5.1.1 No person may act, assume to act, or advertise as a Sprinkler Fitter who is not currently registered with the Division. 5.1.2 A Sprinkler Fitter may work on Fire Suppression Systems only under the employ of a registered Fire Suppression System contractor. A Sprinkler Fitter may be self-employed provided that he or she is also registered as a Fire Suppression System contractor. 5.2 Registration Application Requirements 5.2.1 In order to become registered, an applicant must submit the completed application along with the registration fee and all required supporting documentation prior to action by the Division. No cash payments will be accepted. 5.2.2 The applicant must provide proof of at least one of the following:

Successful completion of an accredited sprinkler fitter apprenticeship program recognized by the United States Department of Labor or state apprenticeship agency, in accordance with the requirements of 29 C.F.R. 29.1 et seq., or other similar apprenticeship program approved by the administrator;

Current authorization to practice as a Sprinkler Fitter in another state or jurisdiction that has substantially similar or greater requirements than the requirements established in this

rule;

Documentary evidence demonstrating the performance of at least eight thousand (8,000) hours of practical work experience on Fire Suppression Systems within the past five (5) years;

Demonstration of similar competency as a Sprinkler Fitter as determined by the Division. 5.2.3 The applicant must attest that all information included on the application is correct. 5.2.4 The applicant must notify the Division within 30 days of any changes that occur to the information provided including, but not limited to, a change in principal agent of the contractor, a change in physical address, telephone number, or e- mail address. 5.2.5 The applicant must attest they have read, understand, and will comply with Colorado Revised Statutes governing Fire Suppression Systems; all applicable rules, codes, and standards adopted by the Division; and with all codes, ordinances and resolutions adopted by municipalities, counties and fire protection districts in which they work. 5.2.6 The applicant may not perform any installation or maintenance work on a Fire Suppression System in Colorado until such time as their registration has been formally issued by the Division. 5.2.7 Upon the initial registration with the Division and upon the first registration after the Division adopts a new code set, the applicant must pass a Division approved examination pertinent to the Division’s currently adopted codes and standards. In addition to tests offered by the Division, the following examinations are approved for compliance with the examination requirement:

1. STAR Fire Sprinkler fitting Mastery Exam 2. CSA Sprinkler Commercial On-site Competent Person Exam (ASCR2)

2. City of Denver’s Fire Sprinkler Systems Installer Examination Examinations specified in these rules taken to comply with another jurisdiction’s registration requirements may be accepted by the Division if the exam was taken within one (1) year of the application date. 5.2.8 Applicants installing CPVC or PEX piping systems must provide a certificate of successful completion of the applicable training course, issued by the manufacturer or their representative. 5.2.9 The applicant must submit a copy of their current driver’s license or Colorado Identification Card. 5.2.10 The applicant must pay all fees associated with the registration. 5.3 Duration of Registration 5.3.1 The registration period for new and renewal registrations will expire on June 30th each year regardless of when the registration was issued, unless earlier suspended or revoked. There will be no pro-rating of registration fees. 5.3.2 Applications for renewal shall be submitted no more than 30 days prior to expiration, A grace period for renewal may be extended for up to 30 days after expiration, after which a late application fee will be assessed. 5.3.3 All applications for registration shall have no longer than 30 days from the original submittal to correct deficiencies in their application including missing materials or fees.

Applications older than 30 days with deficiencies will be considered vacated applications and the fees surrendered. 5.3.4 Applicants submitting more than 60 days after expiration shall submit all documentation required of a new applicant in addition to documentation of continuing education in accordance with 5.4.2. 5.4 Registration Renewal 5.4.1 Renewal of certification is the responsibility of the certified individual. Registrants requesting a renewal of their sprinkler fitter registration must complete an application, provide documented continuing education, and pay a renewal fee. 5.4.2 Registrants must document at least 2.4 CEU’s earned subsequent to July 1 of the previous year relevant to the field of fire suppression as indicated in Table 5.4.2 Table 5.4.2 1) Participation as a student in a seminar related to Fire Suppression Systems conducted by a qualified organization.

(See Section 4.2.2.4 of 8 CCR 1507-101) 0.1 per clock hour of attendance 2) Fire code or building code overview classes. 0.4 maximum Per course 3) Attendance at NFPA and/or ICC code development hearings related to Fire Suppression Systems. 1.0 max 4) Active service on a committee or board with a fire sprinkler association or organization. 0.5 per committee or board 5) Completion of a college level course related to Fire Suppression Systems offered through a regionally accredited post-secondary institution. 1.0 per credit hour earned. 3.0 max 6) Work experience as a registered Sprinkler Fitter during the registration period (must be documented through formal letter from employer, contractor, project owner, steward, project manager, or business manager for whom the project was performed). 0.1 CEU per 100 hours worked. 1.6 max. 5.4.3 In years that the Division adopts a new edition of the fire code or standards, a Sprinkler Fitter will be required to provide proof of passing one of the examinations specified in

Section 5.2.7. A fee will be assessed for those taking an exam offered by the Division.

1. Renewal applicants for the 2022 registration year (July 1, 2022 thru June 30, 2023) will have an additional calendar year until June 30, 2023 to pass a Division approved examination pertinent to the Division’s currently adopted codes and standards. 5.5 Denial of Application 5.5.1 The denial of an application shall be conducted in accordance with the provisions of the Colorado Administrative Procedure Act, Section 24-4-101, et seq., C.R.S. The Division may deny an application for registration for the following reasons:

2. False statements on the application form or in any of the attachments required for registration;

3. Failure to meet or complete all requirements specified within the application;

4. The applicant is currently barred from registration, certification, or licensure by another State agency, governing body, or local jurisdiction.

5. The applicant has engaged in any of the conduct described in section 24-33.5- 1206.6(2), C.R.S..

6. The applicant has been terminated from employment from a registered fire suppression contractor, fire authority, or other governing body for engaging in negligent or unsafe work or construction practices. 5.5.2 Notices of denial will be issued as Letters of Admonition in accordance with Section 10.4. and in accordance with the Colorado Administrative Procedure Act.

SECTION 6 FIRE SUPPRESSION CONTRACTOR RESPONSIBILITIES 6.1 Credentials 6.1.1 Registered contractors must provide their registration number on all plan review applications and correspondence. 6.1.2 To ensure that only qualified persons are conducting plan reviews or inspections, the contractor must request the certification number of any local inspector reviewing or inspecting their job.

1. If in doubt, a contractor may verify a local person’s credentials on the Division’s website or by mail or phone (See Section 13). 6.2 Requirements for Plan Submittal 6.2.1 Fire Suppression Systems must not be installed or modified unless plans have been approved by a certified Fire Inspector III-Plans Examiner in accordance with this section.

2. Pre-engineered range hoods and duct extinguishing systems.

3. Any work defined as “plumbing” by the Colorado Board of Plumbing or C.R.S. 12- 58-102. 6.2.2 Plans, product data sheets, and hydraulic calculations must be submitted to the AHJ prior to the installation, fabrication, modification, or alteration of any Fire Suppression System in the State of Colorado.

4. Hydraulic calculations are not required for small projects unless, in the opinion of the AHJ, the hydraulic design of the existing system may be affected by the scope of work.

5. Hydraulic calculations are not required for residential, prescriptive pipe-schedule systems if designed in accordance with adopted standards. 6.2.3 If a local AHJ employs a Fire Inspector III-Plans Examiner, required documents must be submitted in accordance with local rules. 6.2.4 If a local AHJ does NOT employee a Fire Inspector III-Plans Examiner, the required documents must be submitted to the Division for review.

6. Submittal requirements are posted on the Division’s website. It is the contractor’s responsibility to ensure that all necessary documents are provided before a review can commence.

7. Once the plans are reviewed and acted upon by the Division, the contractor must send one set of approved plans to the local AHJ. 6.2.5 Plans and hydraulic calculations must bear the signature of a P.E. or NICET level III or above. This signature attests that the plans have been reviewed and meet the intent of the standard.

8. No signature is required for small projects unless, in the opinion of the AHJ, the hydraulic design or integrity of the existing fire protection system may be affected by the scope of work.

9. Residential prescriptive pipe-schedule design does not require a signature if in accordance with adopted standards. 6.2.6 Hydraulic Calculations.

10. Flow tests on water supply systems must be less than one-year-old, unless approved by the Fire Inspector III-Plans Examiner.

11. When calculating water supply requirements for new installations, deduct ten percent (10%) to a maximum of ten (10) psi from the static and residual pressure.

Show the actual flow and reduction on hydraulic calculation sheets.

1. 13D Systems (One and two family dwellings) unless required by the local AHJ. 6.2.7 Special rules for small project submittals.

2. In lieu of full-sized drawings, an AHJ may allow the submittal of a scale drawing of the proposed project on 8½ x 11-inch paper, including product data sheets, calculations, and all information required by the applicable NFPA standard. The certified Fire Inspector has the right to require additional information as may be necessary to fully evaluate the project.

3. A signed letter on the registered contractor's letterhead must be submitted explaining the scope of work and a statement that tenant finish, remodel, or additions do not affect the hydraulic demand design or integrity of the existing fire protection system. 6.3 General Requirements for Installation of Fire Suppression Systems 6.3.1 One set of plans and product data sheets, approved by the Fire Inspector III-Plans Examiner, must remain on the job site for use by the inspector. No deviations from the approved plans are allowed unless approved by the Fire Inspector III-Plans Examiner.

4. Minor modifications required to adapt to unexpected on-site conditions which do not affect a system’s integrity or hydraulic design. 6.3.2 All components, including aboveground and underground piping must be accessible for inspection by a certified Fire Inspector. Whenever any installation subject to inspection is covered or concealed prior to being inspected, the inspector shall have the authority to require that such work be exposed for inspection. 6.3.3 A “Contractor's Material and Test Certificate for Aboveground Piping” or “Contractor's Material and Test Certificate for Underground Piping”, as appropriate, must be completed with all test results documented and copies provided by the contractor to the owner and certified Fire Inspector. 6.3.4 Required hydrostatic, operational, and flush testing must be witnessed and signed by a certified Fire Inspector. At the discretion of the inspector, all or part of the test may be witnessed by the general contractor or another responsible, independent party. 6.3.5 Contractors may not allow persons to work on Fire Suppression Systems who are not registered with the Division as Sprinkler Fitters.

5. Persons who are enrolled in a Sprinkler Fitter apprenticeship program and are under the direct supervision and immediate presence of a registered Sprinkler 2. Persons working under the auspices of Fire Suppression Contractors- Underground, Fire Suppression System Contractors-Backflow, or Fire Suppression Systems Contractors- Residential.

6. Persons performing only maintenance and repair on Fire Suppression Systems.

7. Persons working on residential plumbing appliances, fixtures, appurtenances, or multipurpose residential fire sprinkler systems in one- or two-family dwellings or townhomes. 6.3.6 Installation of underground fire protection system supply lines.

8. Underground supply lines installed between the public water main or a private water source and the Fire Suppression System riser must be installed in accordance with NFPA 24 or NFPA 13, chapter 10, Underground Piping.

9. Underground supply lines must be installed by registered Fire Suppression Contractors-Underground.

10. The certified Fire Inspector may require flushing of the aboveground sprinkler piping if required tests for the underground piping cannot be documented. 6.3.7 Installation of backflow preventers.

11. Backflow preventers must be installed by registered Fire Suppression Contractors-Backflow.

12. For new installations, the backflow preventer may not be installed until Contractor's Material and Test Certificate for Underground Piping has been completed. 6.3.8 Installation of Fire Suppression Systems in Premanufactured Buildings or Structures 1. Fire Suppression System Contractor – Premanufactured must generate, prior to shipping, a CORI to accompany the system to be presented to the qualified AHJ who is inspecting the final installation. Said CORI shall be in the format prescribed by DFPC which contains the following:

13. An attestation by the PREMANUFACTURED SYSTEM FIRE SUPPRESSION SPECIAL INSPECTOR that the fire suppression system in the accompanying building or structure was installed in accordance with the State of Colorado’s adopted codes, standards, rules, and regulations and the qualified local jurisdiction’s permit restrictions.

14. An attestation signed by the responsible party for the manufacturer that the company is responsible for ensuring correction of any work done outside of the permitted conditions for the building or structure or damaged during transport.

15. Photo Documentation of all Fire Suppression System work completed prior to the building or structure leaving the manufacture’s plant. Such photo documentation shall be clear and through enough to allow the qualified local jurisdiction to review and determine adequacy of the installation to the permit’s restrictions.

16. An attestation signed by the Premanufactured System Fire Suppression Special Inspector attesting to the fact they conducted the requisite Premanufactured System Special Inspections and verified compliance with 8 CCR 1507-11, the requirements of the Colorado Division of Fire Prevention & Control, and the stipulations of the fire sprinkler system permit and approved plans issued by the appropriate Fire Code Authority Having Jurisdiction (AHJ) for the final installation site. 6.4 Requirements for Contractors Performing Inspection, Testing, and Maintenance 6.4.1 Businesses conducting inspections on Suppression Systems shall be Registered Fire Suppression System Contractors. 6.4.2 Registered Fire Suppression System Contractors must complete and maintain inspection reports, in accordance with the applicable NFPA standard, for each inspection, test, or maintenance performed on any Fire Suppression System in the State of Colorado. 6.4.3 Registered Fire Suppression System Contractors shall ensure that only qualified individuals perform inspections. 6.4.4 Inspection reports must be maintained for a period of no less than five years or as required by a local AHJ, whichever is greater. 6.4.5 Copies of inspection reports must be submitted to the AHJ unless the contractor is notified in writing that they do not wish to receive such reports. Impairment reports in accordance with 6.4.9 must be submitted regardless of whether the AHJ has notified the contractor that they do not wish to receive inspection reports. If possible, reports should be sent to the AHJ through telephonic or other electronic means, such as facsimile or email. If the AHJ does not have electronic communication capabilities, a report shall be deemed delivered when mailed through the US Postal Service to the AHJ. 6.4.6 Tagging of Fire Suppression Systems.

17. Systems installed, altered, or inspected after January 1st, 2016 must have a color coded tag or collar physically placed on the Fire Suppression System which identifies the responsible contractor by name, registration number, and contact information (phone number and address). Tags must not be removed unless replaced by a registered Fire Suppression System Contractor who has done a subsequent inspection. Such tag must be placed and remain in the main or primary system control or riser room and must comply with the following parameters:

(A) New Installations and Major Alterations – Must be marked with a White Tag of heavy cardboard or water resistant (plasticized) paper with the word “INSTALL” printed in all caps and in a font no smaller than 24 points on it. Such tag must be marked to show the date of the final acceptance of the System or alteration and if a Sprinkler Fitter conducted the final acceptance test, his registration number. These tags must remain attached to the System for the life of the System.

(B) Upon completion of all annual inspection, testing, and maintenance requirements in accordance with NFPA 25, systems with No Deficiencies or Impairments - Must be marked with a Green Tag of heavy cardboard or water resistant (plasticized) paper with the word “OPERATIONAL” printed in all caps and in a font no smaller than 24 points on it. Such tag must be marked to show the date of the inspection of the System and the registration or certification number of the Sprinkler Fitter or the name of the person conducting the inspection test. These tags must remain attached to the System until replaced after the next annual inspection is conducted.

(C) Systems inspected in accordance with NFPA 25 with Deficiency(ies) - Must be marked with a Yellow Tag of heavy cardboard or water resistant (plasticized) paper with the word “DEFICIENCY” printed in all caps and in a font no smaller than 24 points on it. Such tag must be marked to show the date of the inspection of the System and the registration or certification number of the Sprinkler Fitter or the name of the person conducting the inspection test. These tags must remain attached to the System until the deficiency is repaired or shall be removed in accordance with (F).

(D) Systems inspected in accordance with NFPA 25 with Impairment(s) - Must be marked with a RED Tag of heavy cardboard or water resistant (plasticized) paper with the word “IMPAIRMENT” printed in all caps and in a font no smaller than 24 points on it. Such tag must be marked to show the date of the inspection of the System and the registration or certification number of the Sprinkler Fitter or the name of the person conducting the inspection test. These tags must remain attached to the System until all impairments have been corrected or shall be removed in accordance with (F).

(E) Systems with deficiencies or impairments that have been corrected – Must be marked with a BLUE Tag of heavy cardboard or water resistant (plasticized) paper with the word “REPAIR” printed in all caps and in a font no smaller than 24 points on it. Such tag must be marked to show the date of the repair of the System and the registration or certification number of the Sprinkler Fitter or the name of the person correcting the deficiency or impairment. These tags must be attached to the YELLOW or RED tag and shall identify the deficiency or impairment corrected.

REPAIR tags may be attached to DEFICIENCY tags after any deficiency has been repaired. REPAIR tags may only be attached to IMPAIRMENT tags once all impairments have been corrected or shall be removed in accordance with (F).

(F) All INSPECTION, DEFICIENCY, IMPAIRMENT, and REPAIR tags must be removed by the person performing a subsequent annual inspection in accordance with NFPA 25. INSTALL tags must not be removed. 6.4.7 Records and reports of inspections, testing and maintenance must be maintained by the system owner, on the premises of the System, for a period of no less than five (5) years.

Such records must be made available for review at the request of the Division or the local AHJ. 6.4.8 Records of inspections, testing, or maintenance conducted outside of a full Inspection, Testing, and Maintenance Service must contain a notice to the System owner or responsible party advising of the limitations of the work conducted in relation to the overall responsibilities of the System owner. 6.4.9 Any contractor, Sprinkler Fitter, or inspector who finds a Fire Suppression System with impairments must provide a copy of the reports or records associated with that finding to the local responding fire department and the appropriate AHJ for the Fire Suppression System within 24 hours. Impairment reports must be provided regardless of whether the AHJ has notified a contractor that they do not wish to receive inspection reports in accordance with 6.4.5. 6.5 Complaint Reporting 6.5.1 Registered contractors and their employees who identify significant or repeated design or installation deficiencies or other violations of these rules by coworkers, other contractors, or certified Fire Inspectors or Plans Examiners must report them to the Division in accordance with the complaint procedures identified in Section 10. 6.5.2 Contractors reporting such complaints must provide to the Division copies of submittal documents, inspection reports, photographs, or other evidence supporting the complaint. 6.5.3 Failure to report identified significant or repeated design or installation deficiencies or other violations of these rules may lead to disciplinary action against contractors and/or their employees.

SECTION 7 FIRE SUPPRESSION SYSTEM INSPECTOR RESPONSIBILITIES 7.1 Credentials 7.1.1 Certified Fire Inspectors and Plans Examiners must provide their certification number on all Fire Suppression System plan reviews, permits, and inspection reports. 7.1.2 To ensure that only qualified contractors are performing work on sprinkler systems, Plans Examiners must require the registration number of any contractor submitting plans for review. 7.1.3 To ensure that only qualified Sprinkler Fitters are installing or modifying sprinkler systems, Fire Inspectors must require the registration number of the journeyman overseeing a project, prior to beginning an inspection. 7.1.4 Credentials may be verified on the Division’s website or by mail or phone (See Section 13). 7.2 Requirements for Plan Review 7.2.1 Plans Examiners must verify that submitted documents include all information necessary to ensure that plans are designed in accordance with the appropriate standards. 7.2.2 Plans Examiners may ask for any additional information beyond that required by adopted standards when necessary to verify the effectiveness and appropriateness of a proposed sprinkler design. 7.3 Requirements for Performing Inspections 7.3.1 Fire Inspectors must verify that work is performed in a workmanlike manner and in accordance with the approved plans. 7.4 Record Keeping 7.4.1 Municipalities, counties, fire protection districts, and other state or local authorities employing certified Fire Inspectors must maintain records of all plan reviews and inspections conducted by each inspector and plan reviewer during their three-year certification periods and for at least three (3) years after a project is completed, or in accordance with other applicable regulations or statutes, whichever is longer. Said records must be made available for review by the Division, upon request. 7.5 Complaint Reporting 7.5.1 Certified Fire Inspectors or Plans Examiners who identify significant or repeated design or installation deficiencies or other violations of these Rules by contractors, Sprinkler Fitters, coworkers, or other certified Fire Inspectors or Plans Examiners must report them to the Division in accordance with the complaint procedures identified in Section 10. 7.5.2 Certified Fire Inspectors or Plans Examiners reporting such complaints must provide to the Division copies of submittal documents, inspection reports, photographs, or other evidence supporting the complaint. 7.5.3 Failure to report significant or repeated design or installation deficiencies or other violations of these Rules may lead to disciplinary action against the certified Fire Suppression Systems Inspectors or Plan Reviewer. 7.5.4 Fire Inspectors or Plans Examiners who are subject to complaints must not retaliate in any way against a complainant. A finding of retaliation may lead to loss of certification.

SECTION 8 SPRINKLER FITTER RESPONSIBILITIES 8.1 Credentials 8.1.1 Registered Sprinkler Fitters must keep a copy of their State issued registration with them when performing work on a Fire Suppression System and must present it to a certified Fire Inspector or AHJ at their request. 8.1.2 To ensure that only qualified Fire Inspectors are performing plan reviews or inspections of Fire Suppression Systems, Sprinkler Fitters may ask for their certification number. 8.1.3 Credentials may be verified on the Division’s website or by mail or phone (See Section 13). 8.2 Requirements for Installation, Modification, and Repair 8.2.1 A registered Sprinkler Fitter will be responsible to perform his or her duties in a workmanlike manner. 8.2.2 A registered Sprinkler Fitter must not leave a Fire Suppression System out of service in an occupied building without consulting with and meeting the fire watch requirements of the AHJ. 8.2.3 Sprinkler Fitters will be responsible for the work of any apprentices under their authority.

A Sprinkler Fitter may supervise no more than three apprentices at any one time. A Sprinkler Fitter must not leave apprentices unsupervised and must be immediately available on site. 8.3 Complaint Reporting 8.3.1 Registered Sprinkler Fitters who identify significant or repeated design or installation deficiencies or other violations of these rules by contractors, other Sprinkler Fitters, coworkers, or certified Fire Inspectors or Plans Examiners must report them to the Division in accordance with the complaint procedures identified in Section 10. 8.5.2 Registered Sprinkler Fitters reporting such complaints must provide to the Division copies of submittal documents, inspection reports, photographs, or other evidence supporting the complaint. 8.5.3 Failure to report significant or repeated design or installation deficiencies or other violations of these rules may lead to disciplinary action against the registered Sprinkler 8.5.4 Registered Sprinkler Fitters who are subject to complaints must not retaliate in any way against a complainant. A finding of retaliation may lead to loss of registration.

SECTION 9 CODES AND STANDARDS ADOPTED 9.1 The following codes and standards are adopted by the Division for the design, installation, and maintenance of Fire Suppression Systems within the State of Colorado: 9.1.1 Adopted codes and standards pertinent to this rule shall be as prescribed in 8 CCR 1507- 101 (BUILDING AND FIRE CODE ADOPTION AND CERTIFICATION OF INSPECTORS FOR FIRE & LIFE SAFETY PROGRAMS ADMINISTERED BY THE STATE OF COLORADO).

1. For the purposes of this rule the Division shall enforce the Building Codes as defined in 8 CCR 1507-101 § 3.2.1.

2. For the purposes of this rule the Division shall enforce the Fire Codes as defined in 8 CCR 1507-101 § 3.2.2.

3. For the purposes of this rule the Division shall enforce the Life Safety Codes as defined in 8 CCR 1507-101 § 3.2.3.

4. For the purposes of this rule the Division shall enforce the Fire Suppression System standards as defined in 8 CCR 1507-101 § 3.2.4. 9.2 Municipalities, counties, fire protection districts and other units of local government having the

authority to do so, may adopt codes, standards, ordinances and/or resolutions governing the design and installation of Fire Suppression Systems that may be different than those adopted by the Division. 9.2.1 Municipalities, counties, fire protection districts and other local authorities employing certified Fire Inspectors and Plans Examiners may also enforce locally adopted codes, standards ordinances and/or resolutions governing the design and installation of Fire Suppression Systems, to the extent permitted by the adopting ordinance or resolution. 9.2.2 Conflicts between the codes and standards adopted by the Administrator and those adopted by a local government will be resolved in the following manner:

1. In cases where the local AHJ employs certified Fire Inspectors and Plans Examiners, the local government requirements will apply.

2. In cases where the local AHJ employs certified Fire Inspectors but the Division conducts plan reviews, the Division’s adopted codes and standards will apply.

3. In cases where the local AHJ does not employ certified Fire Inspectors or Plans Examiners, the Division’s adopted codes and standards will apply.

SECTION 10 COMPLAINTS

This Section concerns the reporting, investigation, and resolution of complaints alleging violation of any provision of 24-33.5-1206 through 1206.7 C.R.S or these Rules. 10.1 Complaints alleging violation of any provision of C.R.S. 24 33.5 1206.1 through 1206.7, or any

Rule adopted by the Division must be filed with the Division’s Fire & Life Safety Section Chief. 10.1.1 The Division may act on anonymous complaints or those made by complainants who desire to remain anonymous. However, individuals submitting complaints should be aware that such complaints are public records and may be available to the public for inspection in accordance with the Colorado Public Records Act 24-72-201, C.R.S. et seq. 10.1.2 Individuals or companies certified or registered through the Division in accordance with Sections 3, 4, and 5 of these rules are required to report significant or repeated design or installation deficiencies, other violations of any provision of 24-33.5-1206.1 through 1206.7 C.R.S., or these Rules. 10.1.3 The Fire & Life Safety Section (F&LSS) Chief will investigate or cause to be investigated the information contained in the complaint. If evidence can be found to substantiate that a violation has occurred, the F&LSS Chief will proceed pursuant to Sections 10.2 through 10.7. 10.1.4 If the investigation identifies evidence of fraud or other criminal activity, a case will be referred to the law enforcement agency(ies) having jurisdiction. Referral does not prevent the Division from pursuing action under these Rules. 10.1.5 Should the Director determine that it is necessary to conduct a hearing, the Division will utilize the services of the Colorado Division of Administrative Hearings to conduct a hearing in accordance with the Colorado Administrative Procedure Act, 24-1-101, et seq.

C.R.S. 10.2 Penalties 10.2.1 The F&LSS Chief may assess a penalty and/or fine for any conduct determined, after investigation, to constitute a violation of these Rules. 10.2.2 Any assessed penalty and/or and fine will be in addition to any other civil or criminal penalties that may be prescribed by a court of competent jurisdiction. 10.2.3 Nothing in these Rules should be construed to understand that penalties must follow progressive discipline. 10.3 Warnings 10.3.1 A Warning may be issued to individuals and/or companies for a single, substantiated, violation of these rules which, in the opinion of the F&LSS Chief, does not rise to the level of a significant violation. 10.3.2 Examples of violations which may lead to a warning (list is not exclusive):

1. Failure to provide registration or certification number on documents as required in Sections 6 through 8;

2. Failure of a Sprinkler Fitter to maintain a copy of his or her registration on the job site;

3. Operating with an expired certification or registration (within the grace period). 10.3.3 Warnings will be delivered by e-mail to the address provided on the certification or registration application. 10.3.4 Warnings issued to Sprinkler Fitters or Fire Suppression Systems Inspectors will be copied to the registered contractor or local AHJ for which they work. 10.3.5 E-mailed warnings will be sent with a delivery receipt requested. 10.4 Letters of Admonition 10.4.1 A Letter of Admonition will be issued for a single, substantiated violation which, in the opinion of the F&LSS Chief, constitutes a significant violation but which does not constitute a threat to public health, safety, or welfare. Letters of Admonition may also be issued to individuals and/or companies receiving multiple warnings during any twelvemonth period. 10.4.2 Examples of violations which may lead to a letter of admonishment (list is not exclusive):

4. Receiving more than one warning during any twelve-month period;

5. Failure to report significant or repeated design or installation deficiencies as required by Sections 6.5, 7.5, or 8.3;

6. Operating with an expired certification or registration (outside of the grace period). 10.4.3 Nothing will be construed to require subsequent violations be related to the nature of the previous violation. 10.4.4 Letters of Admonition will be delivered by certified mail to the address provided on the certification or registration application. 10.4.5 Letters of Admonition issued to Sprinkler Fitters or certified Fire Suppression System Inspectors will be copied to the registered contractor or local AHJ for which they work. 10.5 Suspensions 10.5.1 The suspension of a registration or certification shall be conducted in accordance with the provisions of the Colorado Administrative Procedure Act, Section 24-4-101, et seq., C.R.S. A registration or certification may be suspended for a single, substantiated violation of these rules which, in the opinion of the F&LSS Chief, constitutes a serious violation but which does not constitute a serious threat to public health, safety, and welfare. Suspensions will also be issued to individuals and/or companies for repeated violations as indicated in Sections 10.3 and 10.4.

7. Individuals or companies not currently certified or registered through the Division in accordance with Sections, 3, 4, and 5 of these rules but operating in violation of these rules may be subject to denial of their application for certification or registration. 10.5.2 Examples of violations which might lead to suspension or denial (list is not exclusive):

8. Receiving a warning subsequent to receiving of a Letter of Admonition during the prior twelve-month period;

9. Failure or refusal to stop work or leave a job site upon request of the certified inspector;

10. Failure to notify the Division of any changes that may affect the person’s current registration or certification status;

11. Employment of non-registered Sprinkler Fitters by a registered contractor;

12. Expiration of a required, qualifying document or examination during the registration or certification period. 10.5.3 Nothing will be construed to require subsequent violations to be related to the nature of previous violations. 10.5.4 Notices of suspension will be issued as Letters of Admonition in accordance with Section 10.4. and in accordance with the Colorado Administrative Procedure Act. 10.5.5 Suspensions or denials will be for a reasonable period established by the Director of the Division of Fire Prevention & Control. 10.5.6 Any violation which, in the opinion of the F&LSS Chief, constitutes a serious threat to public health, safety, or welfare will result in immediate suspension or denial of a registration or certification pending a revocation hearing pursuant to Sections 10.6. 10.6 Revocations 10.6.1 The revocation of a registration or certification shall be conducted in accordance with the provisions of the Colorado Administrative Procedure Act, Section 24-4-101, et seq., C.R.S. A registration or certification may be revoked for a single, substantiated violation of these rules which, in the opinion of the Director, constitutes a serious threat to public health, safety, and welfare. Registrations or certifications may also be revoked for repeated violations of Sections 10.3 through 10.5.

13. Individuals or companies not currently certified or registered through the Division in accordance with Sections, 3, 4, and 5 of these rules but operating in violation of these rules may be subject to denial of their application for certification or registration. 10.6.2 Examples of violations which might lead to revocation or denial (list is not exclusive):

14. Receiving a Letter of Admonition subsequent to a suspension within the prior twelve-month period;

15. Fraud or material deception in obtaining or renewing a registration or certification;

16. Professional incompetence as manifested by poor, faulty, or dangerous workmanship;

17. Engaging in conduct that is likely to deceive, defraud, or harm the public in the course of professional services or activities;

18. Negligently performing any services regulated by the Division;

19. Retaliation by a certified inspector against a complainant;

20. Using another individual’s or company’s credentials to obtain or perform work regulated by these rules. 10.6.3 Nothing will be construed to require subsequent violations to be related to the nature of previous violations. 10.6.4 Notices of revocation or denial will be issued as Letters of Admonition in accordance with

Section 10.4. 10.6.5 Revocations or denials will be for a period as determined by the administrator up to and including a permanent revocation. 10.6.6 All revocations or denials will result in immediate suspension of a registration or certification pending a revocation or denial hearing pursuant to the Colorado Administrative Procedure Act. 10.7 Fines 10.7.1 In addition to the penalties identified Sections 10.4 through 10.6, the F&LSS Chief may assess a fine for any conduct determined to constitute a violation of these Rules. The fines will be as follows:

1. A letter of admonition or suspension may be subject to a fine of not less than $100 and not more than $1,000.

2. A revocation will be subject to a fine of not less than $1,000 and not more than $10,000.

3. Any subsequent violation of similar magnitude will be assessed a fine of not less than $1,000 and not more than $10,000 and will be subject to immediate suspension pursuant to a revocation hearing.

SECTION 11 FEES AND CHARGES ESTABLISHED 11.1 Services other than Fire Suppression System plan review and inspection fees: 11.1.1 Annual Registration of Fire Suppression System Contractors $100 11.1.2 Sprinkler Fitter – new application $75 11.1.3 Sprinkler Fitter – renewal application $50 11.1.4 Replacement of lost or damaged registration or certification $20 11.1.5 Technical assistance to other agencies including travel to and from job site $100/hr 11.1.6 Late renewal fee $25 11.1.7 Examination (or review of reciprocal exam) $30 11.1.8 FEMA hotel or motel compliance inspection fee per building fire alarm and Fire Suppression System (To be applied in addition to the fees outlined in section 11.1.5 for time spent traveling to; conducting; and returning from the inspection, as this work is considered to be a technical assistance activity.) $100 11.2 Fire Suppression System plan review and inspection fees: 11.2.1 Plan review, construction permit, and inspection fees are calculated based on the total project valuation:

1. Fees for projects with a total project valuation of $5,000.00 or less will be subject to a flat fee of $800.00.

2. Fees for projects with a total project valuation of greater than $5,000.00 will be subject to a base fee of $800.00 plus a fee equal to .0025 times the total project valuation.

The inspection component of the fee in Section 11.2.1 includes an allocation of site visits to complete the necessary inspections in accordance with the table below. In the event that additional inspections by the Division are necessary or requested, additional fees may be assessed as outlined in 11.2.5.

Under 50,000 sq.ft. 5 site visits 50,001-100,000 sq.ft 10 site visits 100,001-200,000 sq. ft. 5 site visits/each additional 100,000 sq. ft.

3. Division inspection fees do not include costs associated with inspections conducted the by local AHJ or third-party inspectors.

4. If the submitted total project valuation appears to be below market value for the project, the Division reserves the right to request documentation from the permitee to verify the total project valuation. The permitee has the right to mark documents submitted to verify the total project valuation as proprietary information. 11.2.2 The Division will review the fire suppression cash fund balance periodically and may reduce or increase the amount of the fees charged, if necessary, pursuant to section 24- 75-402 (3) and 24-75-402 (4), C.R.S. 11.2.3 A fee calculator posted on the Division website enables determination of total fees (plan review and permit fees) prior to submittal of a project. 11.2.4 A minimum of half of the fees must be submitted prior to commencement of plan review and the remaining fees must be submitted prior to permit issuance. Inspections will not be performed until the full balance of required fees has been paid. Additional inspection fees must be submitted prior to issuance of any associated Certificate of Compliance or completion of the permit. 11.2.5 The Division may assess a $400 inspection fee for each additional inspection in excess of the number allocated by the table in 11.2.1. Additional inspections exceeding 4 hours in length, including travel time, will be charged $100 for each additional hour or portion thereof. 11.2.6 The Division may assess an additional off-hours inspection fee of $400 for inspections requested outside of normal business hours.

5. Normal inspection hours are Monday through Friday between 8:00 am and 5:00 pm.

6. Off-hours inspections are scheduled on an “as-available” basis. The Division is not obligated to provide inspections outside of normal operating hours if an inspector is not available. 11.3 The above fees and charges apply only for Division services. Local jurisdictions having certified Fire Inspectors may establish their own permit, plan review and inspection fees, and other charges. 11.4 Fees may be waived or modified when appropriate at the discretion of the Director or his designee. Request for waiver or modification shall be in writing.

SECTION 12 INQUIRIES 12.1 Questions, clarification, or interpretation of these Rules should be addressed in writing to: Fire & Life Safety Section Chief, Colorado Division of Fire Prevention and Control, 700 Kipling St, Suite 4100, Denver, CO 80215. Telephone number: (303) 239-4100. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 12/30/2009.

Rules 3.9, 4, 6, 8 emer. rules eff. 12/30/2014; expired 04/29/2015.

Rules 3.9, 4, 6, 8 emer. rules eff. 04/30/2015; expired 08/28/2015.

Entire rule eff. 08/30/2015.

Rules 2.18, 2.23, 3.3-3.6, 3.10, 4.3.1, 4.9.2.B, 4.9.4, 5.4.2, 5.4.4, 6.4, 8.1, 10.5, 10.6, 11.4 eff. 03/17/2017.

Rules 11.1.5, 11.1.9, 11.2.1, 11.2.3, 11.2.5 eff. 03/02/2018.

Rules 3.9.2, 3.10.1, Section 4, 5.4.4, 5.5.2, 6.2, 6.3, 6.5.1, Sections 7 - 9, 10.4.1, 10.4.2.1, 10.5.2.1, 10.5.5, 10.6.2.1, 10.6.5, 10.8, 11.1.6 - 11.1.8, 11.3, 12.1 eff. 03/30/2019.

Rules 3.8.1-3.8.3, Table 5.4.2, 5.5.1, 5.5.1 4-5, 5.5.2, 6.3.6 1, 6.4.5, 6.4.9, 10.1.3, 10.5.1, 10.5.4, 10.5.6, 10.6.1, 10.6.6, 11.2.1 1-2 eff. 09/30/2019. Rule 10.8 repealed eff. 09/30/2019.

Rules Section 3, Section 5, 6.3.2, 10.6.1 1, 11.1.4, 11.1.5, 11.1.8, 11.2.4, 11.2.5 eff. 11/30/2020.

Rules 2.4, 2.24, 3.2.5, 3.10, 5.4.3 1, 6.3.8 emer. rules eff. 06/17/2022.

Rules 2.4, 2.24, 2.25, 3.2.5, 3.10, 5.4.3, 6.3.8 eff. 10/15/2022.

Annotations Rules 6.2.1 3., 9.5 1., 10.7.2 (adopted 07/09/2015) were not extended by House Bill 16-1257 and therefore expired 05/15/2016.

Rules 5.5.1 4., 10.5.1, 10.5.4 (adopted 01/16/2018) were not extended by Senate Bill 19-168 and therefore expired 05/15/2019.

8 CCR 1507-12 Persons Dealing with Fireworks {#sec-8-ccr-1507-12 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-12}

DEPARTMENT OF PUBLIC SAFETY

PERSONS DEALING WITH FIREWORKS

8 CCR 1507-12 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

CHAPTER I SCOPE AND DEFINITIONS

1.0 PURPOSE

This regulation is promulgated to establish minimum requirements and standards for licenses to sell, store, or use fireworks in the interest of the life, health and safety of employees and the general public, as well as the protection of property.

1.1 AUTHORITY

The Executive Director of the Department of Public Safety is authorized to promulgate rules and regulations for the licensing of persons dealing with fireworks pursuant to C.R.S. § 24-33.5-2004(7).

Within the Department of Public Safety, the Director of the Division of Fire Prevention and Control shall administer these rules and regulations.

1.2 SCOPE

These rules and regulations shall apply to the possession, sale, storage, and use of fireworks in the State of Colorado by any person.

For a thorough understanding of all requirements concerning the possession, sale, storage, and use of fireworks in Colorado, these rules must be used in conjunction with Part 20, Article 33.5 of Title 24, Colorado Revised Statutes.

These rules do not supersede, and are to be used in conjunction with, any other state and federal laws and regulations concerning the manufacture, sale, storage, transportation and use of fireworks.

These rules and regulations shall not apply to:

(a) The use of fireworks by railroads or other transportation agencies for signal purposes or illumination;

(b) The sale or use of blank cartridges for a show or theater, for signal or ceremonial purposes in athletics or sports, or for use by military organizations;

(c) Fireworks which are used in testing or research by a licensed explosives laboratory;

(d) The sale, purchase, possession, or use of fireworks distributed by the Division of Wildlife for agricultural purposes under conditions approved by said Division;

(e) Toy caps which do not contain more than sixteen (16) milligrams of pyrotechnic composition per cap;

(f) Highway flares, railroad fusees, ship distress signals, smoke candles, and other emergency signal devices;

(g) Educational rockets and toy propellant device type engines used in such rockets when such rockets are of nonmetallic construction and utilize replaceable engines or model cartridges containing less than two (2) ounces of propellant and when such engines or model cartridges are designed to be ignited by electrical means;

(h) The transportation of fireworks when such transportation is under the jurisdiction of the U.S. Department of Transportation; or (i) The manufacture, transportation, and storage of fireworks by federal and state military agencies.

1.3 DEFINITIONS

The definitions contained in C.R.S. § 24-33.5-2001 shall apply to these rules and regulations. In addition, the following words, when used in these rules and regulations, shall mean:

APPROVAL, APPROVED or AUTHORIZED: Acceptable to the Director of the Division or the “authority having jurisdiction.”

AUTHORITY HAVING JURISDICTION: The organization, office or individual responsible for “approving” equipment, an installation or a procedure.

CERTIFIED FIREWORKS DISPLAY OPERATOR: A person certified by the Division to conduct professional outdoor fireworks displays.

CERTIFIED PYROTECHNIC OPERATOR: A person certified by the Division to conduct pyrotechnic special effect performances before a proximate audience.

C.F.R.: Code of Federal Regulations.

C.R.S.: Colorado Revised Statutes.

DEPARTMENT: The Colorado Department of Public Safety.

DIRECTOR: The Director of the Division of Fire Prevention and Control located within the Colorado Department of Public Safety.

DISCHARGE SITE: The area immediately surrounding the display fireworks mortars used for an outdoor fireworks display.

DISPLAY FIREWORKS: Large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation. This term includes, but is not limited to, salutes containing more than one hundred thirty (130) milligrams of explosive material, aerial shells containing more than forty (40) grams of pyrotechnic composition and other display pieces that exceed the limits of explosive materials for U.S.D.O.T. classification as “consumer fireworks.” Display fireworks are classified as Class B explosives by the U.S.D.O.T.

DIVISION: The Division of Fire Prevention and Control in the Colorado Department of Public Safety.

EXECUTIVE DIRECTOR: The Executive Director of the Colorado Department of Public Safety.

EXPLOSIVE: Any chemical compound, mixture, or device, the primary or common purpose of which Is to function by explosion. The term includes, but is not limited to, dynamite, black powder, pellet powder, igniting explosives, detonators, squibs, detonating cord, igniter cord, and igniters.

FALLOUT AREA: The area over which aerial shells are fired. The shells burst over this area, and unsafe debris and malfunctioning aerial shells fall into this area. The fallout area is the location where a typical aerial shell dud will fall to the ground considering wind and the angle of mortar placement.

FIREWORKS DISPLAY: An outdoor display of aerial shells and/or ground pieces conducted by a certified fireworks display operator and performed as entertainment, or a special effect performance utilizing pyrotechnic materials and devices before a live audience.

FIREWORKS PLANT: All land and buildings thereon used for in connection with the manufacture, research or processing of fireworks, including storage buildings used with or in connection with plant operation.

GROUND DISPLAY PIECE: A pyrotechnic device that functions on the ground (as opposed to an aerial shell that functions in the air). Typical ground display pieces include fountains, roman candles and wheels.

HIGHWAY: Any public street, public alley or public road. INSPECTOR: An Inspector of the Division.

LOCAL AUTHORITY: The duly authorized fire department, police department, or sheriff’s department of a local jurisdiction.

MAGAZINE: Any building or structure, or container, other than a fireworks plant, approved and used exclusively for the storage of explosive materials.

MONITOR: A person designated by the sponsors of a fireworks display to keep the audience in the intended viewing area and out of the discharge site and fallout area.

MORTAR: A tube from which aerial shells are fired into the air.

MOTOR VEHICLE: Any self-propelled vehicle, truck, tractor, semi-trailer, or truck-trailer combination used for the transportation of freight over public highways.

NFPA: National Fire Protection Association.

PERMISSIBLE FIREWORKS: Those small firework devices designed primarily to produce visible effects by combustion and that are listed in, and that comply with, the construction, chemical composition, and labeling requirements of C.R.S. § 24-33.5-2001. Some small devices designed to produce audible effects are included, such as whistling devices. Permissible fireworks burn without explosion and do not produce a loud report, and no device or component shall, upon functioning, project or disburse any metal, glass, or brittle plastic fragments.

PYROTECHNIC COMPOSITION: A chemical mixture, which upon burning and without explosion, produces visible, brilliant displays, bright lights, or sounds.

PYROTECHNIC DISPLAY OPERATOR: The person with overall responsibility for safety and the setting up and discharge of a fireworks display.

PYROTECHNIC SPECIAL EFFECTS OPERATOR: The person with responsibility for pyrotechnic and special effects safety and who controls, initiates, or otherwise creates special effects. The pyrotechnic operator is also responsible for storing, setting up, and removing pyrotechnic materials after a performance.

PYROTECHNIC SPECIAL EFFECT PERFORMANCES: A special effect created through the use of pyrotechnic materials and devices performed by a Certified Pyrotechnic Operator for the entertainment of a live audience.

SHALL: Indicates a mandatory requirement.

SHOULD: Indicates a recommendation or that which is advised but not required.

STORAGE BUILDING: Any building, structure, or facility in which Common Fireworks (Class C Explosives) in any state of processing ***[are stored?], providing there is no exposed pyrotechnic material, but in which no processing, manufacturing or sale is actually performed.

U.S.D.O.T.: United States Department of Transportation.

CHAPTER II GENERAL PROVISIONS

2.1 GENERAL PROVISIONS

Except as provided in C.R.S. §§ 24-33.5-2001 through 24-33.5-2011 and these rules and regulations, no person shall possess or discharge any fireworks, other than permissible fireworks, anywhere in Colorado.

Except as provided in C.R.S. §§ 24-33.5-2001 through 24-33.5-2011 and these rules and regulations, no person shall offer for sale, expose for sale, sell, deliver, consign, or have in their possession with the intent to offer for sale, any fireworks including permissible fireworks, unless said person is licensed to conduct such activity by the Division and has obtained a permit, if any, required by the local authority.

2.2 SALE OF FIREWORKS TO JUVENILES

Except as provided in paragraph 2.3, no person shall furnish, by gift, sale or other means, any fireworks, including permissible fireworks, to any person who is under sixteen (16) years of age.

2.3 PURCHASE, POSSESSION OR DISCHARGE OF FIREWORKS BY JUVENILES

No person under sixteen (16) years of age may purchase any fireworks, including permissible fireworks.

No person under sixteen (16) years of age may possess or discharge any permissible fireworks unless such person is under adult supervision during these acts. Adult supervision shall mean that a responsible adult is in the immediate vicinity of the juvenile in order to oversee the activities of the juvenile and to remedy any unsafe acts.

2.4 CODES AND STANDARDS

The following codes and the standards referenced therein are adopted and promulgated as minimum standards for persons dealing with fireworks in accordance with C.R.S. § 24-4-103 (12.5): 2.4.1 Adopted codes pertinent to this rule shall be as prescribed in 8 CCR 1507-1 (BUILDING AND FIRE CODE ADOPTION AND CERTIFICATION OF INSPECTORS FOR FIRE & LIFE SAFETY PROGRAMS ADMINISTERED BY THE STATE OF COLORADO). 2.4.1.1 For the purposes of this rule, the Division shall enforce the Building Codes as defined in 8 CCR 1507-1 § 3.2.1. 2.4.1.2 For the purposes of this rule, the Division shall enforce the Fire Codes as defined in 8 CCR 1507-1 § 3.2.2. 2.4.1.3 For the purposes of this rule, the Division shall enforce the Codes and Standards for persons dealing with fireworks as defined in 8 CCR 1507-1 § 3.2.5.

2.5 REGULATION BY MUNICIPALITIES AND COUNTIES

These rules shall not be construed to prohibit the imposition by municipal or county ordinance of further regulations and prohibitions upon the sale, use, and possession of fireworks, including permissible fireworks, within the corporate limits of any city, town, or all or any part of the unincorporated areas of a county, but no such city, town, or county shall permit or authorize the sale, use, or possession of any fireworks in violation of C.R.S. § 24-33.5-2001 through § 24-33.5-2011 and these rules.

CHAPTER III PERMISSIBLE FIREWORKS

3.1 GENERAL

Unless otherwise restricted by the ordinances or resolutions of any municipality or other governing body authorized by law to restrict the sale, possession or use of fireworks, the following fireworks may be sold to, possessed by, and/or used by the general public, when such sale, possession and/or use is in accordance with C.R.S. § 24-33.5-2001 through § 24-33.5-2011 and these rules and regulations:

(a) Cylindrical fountains, total pyrotechnic composition not to exceed seventy-five (75) grams each for a single tube or, when more than one tube is mounted on a common base, the total pyrotechnic composition of which is no more than two hundred (200) grams;

(b) Cone fountains, total pyrotechnic composition not to exceed fifty (50) grams each for a single cone or, when more than one cone is mounted on a common base, the total pyrotechnic composition of which is no more than two hundred (200) grams;

(c) Wheels, the total pyrotechnic composition of which do not exceed sixty (60) grams for each driver unit or two hundred grams (200) for each complete wheel;

(d) Ground spinner, which are small devices containing not more than twenty (20) grams of pyrotechnic composition venting out of an orifice usually in the side of the tube. Ground spinners operate similar to a wheel, but are intended to be placed flat on the ground;

(e) Illuminating torches and colored fire in any form, the total pyrotechnic composition of which does not exceed two hundred (200) grams each in weight;

(f) Dipped sticks and sparklers, the total pyrotechnic composition of which does not exceed one hundred (100) grams and of which the composition of any chlorate or perchlorate shall not exceed five (5) grams;

(g) Any of the following that do not contain more than fifty (50) milligrams of explosive composition:

(1) Explosive auto alarms;

(2) Toy propellant devices;

(3) Cigarette loads;

(4) Strike-on box matches; or (5) Other trick noise makers;

(h) Snake or glow worm, pressed pellets of not more than two (2) grams of pyrotechnic composition and packaged in retail packages of not more than twenty-five (25) units;

(i) Fireworks that are used exclusively for testing or research by a licensed explosives laboratory; and (j) Multiple tube devices with:

(1) Each tube individually attached to a wood or plastic base;

(2) The tubes separated from each other on the base by a distance of at least onehalf of one inch;

(3) The effect limited to a shower of sparks to a height of no more than fifteen (15) feet above the ground;

(4) Only one external fuse that causes all of the tubes to function in sequence; and (5) A total pyrotechnic composition of no more than five hundred (500) grams.

3.2 LICENSE REQUIRED

No person shall sell, offer for sale, expose for sale, or possess with intent to sell permissible fireworks for retail, unless said person is licensed as a fireworks retailer.

CHAPTER IV FIREWORKS LICENSING

4.1 GENERAL PROVISIONS

No person shall purchase, possess, keep, sell or offer for sale, give away, use, or dispose of in any manner any fireworks, except permissible fireworks, unless said person holds a valid license from the Department of Public Safety.

No person shall sell, offer for sale, expose for sale, or possess with intent to sell permissible fireworks for retail, unless said person is licensed as a fireworks retailer.

Application for a fireworks license shall be made to the Division in a format prescribed by the Director and shall contain such information as the Director may require.

Application for a fireworks license shall be filed with the Division at least thirty (30) days before the start of activities for which the license is required.

Payment of the fee must accompany the application for a license to the Division.

Licenses issued under these rules and regulations shall be dated and numbered. Each license will indicate the class of license and will be valid through September 1 of the year following the date on which the license was issued. Exception: a retailer of fireworks license shall be valid only for the calendar year in which it is issued.

Where application for a fireworks license is made in the name of a corporation or company, the application shall also include the name of the person who will be responsible for compliance with the provisions of Part 20, Article 33.5 of Title 24, C.R.S., and any rules promulgated thereunder.

Where application for a fireworks license is made in the name of a corporation or company, a copy of the Certificate of Good Standing from the Secretary of State must be filed with the application.

Where business is to be conducted under a fictitious name, a copy of the trade name affidavit as filed with the Colorado Department of Revenue must be filed with the application.

All applicants for a fireworks license will be subject to a background investigation, including, but not limited to, criminal history, reference checks and review of fireworks records. The application may be denied at the discretion of the Director if the applicant has one or more criminal convictions.

In the event that an application for a fireworks license is incomplete, the applicant shall have 180 days in which to submit additional required documentation, after which the initial application shall be void.

4.2 CLASSES OF FIREWORKS LICENSES

Following are the classes of fireworks licenses required by C.R.S. § 24-33.5-2004 and these rules, and the general activities permitted by such license:

(a) RETAILER OF FIREWORKS LICENSE: To sell, offer for sale, expose for sale, or possess with intent to sell permissible fireworks at retail.

(b) DISPLAY RETAILER OF FIREWORKS LICENSE: To sell deliver, consign, give or furnish fireworks to any person authorized to conduct a fireworks display in Colorado.

(c) WHOLESALER OF FIREWORKS LICENSE: To sell, deliver, consign, give or furnish permissible fireworks to a retailer for resale in Colorado.

(d) EXPORTER OF FIREWORKS LICENSE: To sell, deliver, consign, give or furnish fireworks for export outside of Colorado.

4.3 LICENSE RESTRICTIONS

No license holder shall sell, deliver, consign, give, or furnish fireworks except in compliance with C.R.S. § 24-33.5-2001 through § 24-33.5-2011 and these rules.

No person shall have any fireworks, except permissible fireworks, in their possession or control without a license required by C.R.S. § 24-33.5-2004 and these rules.

4.4 PROTECTION AND EXHIBITION OF LICENSES

License holders shall take every reasonable precaution to protect their licenses from loss, theft, defacement, destruction or unauthorized duplication.

The loss or theft of any license shall be reported immediately to the Division. Licenses shall be prominently displayed at the location where fireworks are sold.

4.5 REPORTS OF ACCIDENTS, FIRES AND INJURIES

Any accident, fire or injury that occurs in connection with the manufacture, sale, transportation, storage, or use of fireworks, and known to the license holder, shall be reported immediately by the license holder to the Division and to local fire and law enforcement authorities whenever there is loss of life, injury to any person, or damage to property.

4.6 RECORDS OF TRANSACTIONS - GENERAL REQUIREMENTS

Unless otherwise required by C.R.S. § 24-33.5-2001 through § 24-33.5-2011 and these rules, all license holders shall keep a complete record of all transactions involving fireworks for two (2) years following the year in which the transactions occurred. An accumulation of invoices, sales slips, delivery tickets, bills of lading, or receipts or similar papers representing individual transactions will satisfy the general requirements of complete records. The specific record-keeping requirement for each class of license is found herein under the heading for the class of license.

Such records must be retained by the license holder and furnished to the Division during normal business hours upon request.

4.7 LICENSE CHANGES

The Division shall be notified within twenty-four (24) hours when:

(a) The permanent address of a person who possesses a fireworks license is changed;

(b) The ownership of any business possessing fireworks licenses is changed;

(c) The person who is responsible for compliance with the provisions of Part 20, Article 33.5 of Title 24, C.R.S. is changed; or (d) The location of a retail sales outlet is changed and the address of the new location.

Failure of the license holder to provide such information shall result in the license being void.

4.8 DENIAL, SUSPENSION OR REVOCATION OF A LICENSE

A license for the sale or use of fireworks may be denied, suspended, or revoked by the Executive Director because of:

(a) Violations of any of the provisions of Part 20, Article 33.5 of Title 24, C.R.S., and any rules promulgated thereunder;

(b) A conviction of any felony, but subject to the provisions of C.R.S. § 24-5-101;

(c) A conviction pursuant to C.R.S. § 24-33.5-2010; or (d) Any material misstatement, misrepresentation, or fraud in obtaining a fireworks license.

4.9 PROCEDURE ON DENIAL, SUSPENSION OR REVOCATION 4.9.1 If the Executive Director finds that grounds exist for the denial, revocation, or suspension of license of any applicant, action shall be taken according to the provisions of the Colorado Administrative Procedure Act, Section 24-4-101, et seq., C.R.S. 4.9.2 Upon the denial, revocation, or suspension of any of any license, the former license holder shall immediately surrender to the Executive Director of the Department of Public Safety the license and all copies thereof.

CHAPTER V RETAILER OF FIREWORKS LICENSE

5.1 GENERAL

No person shall sell, offer for sale, expose for sale, or possess with intent to sell permissible fireworks for retail until that person first obtains a retailer of fireworks license from the Division and the permit, if any, required by the authority having jurisdiction.

No person shall sell, offer for sale, expose for sale, or possess with intent to sell permissible fireworks that have not been purchased by a wholesaler licensed by the State of Colorado.

A retailer of fireworks license will permit only such sales as provided by Part 20, Article 33.5 of Title 24, C.R.S.

5.2 ACTIVITIES PERMITTED

The only activity permitted under this license is the sale, or possession with intent to sell, permissible fireworks for retail to the public.

Prior to the start of permitted activities, the license holder must obtain a permit, if any required, from the 5.3 LICENSE PROVISIONS Application for a retailer of fireworks license shall be made to the Division at least thirty (30) days prior to the start of permitted activities.

A retailer of fireworks license shall be good only for the calendar year in which it is issued and shall apply to only one retail location.

The license shall be prominently displayed at the place of business of the licensed retailer.

5.4 VERIFICATION REQUIRED FOR SALES

For all sales, the retailer must verify that the purchaser is over sixteen (16) years of age by way of inspecting the purchaser's driver’s license or other state or federally-issued identification card.

5.5 RECORD OF TRANSACTIONS

A retailer of fireworks shall keep available for inspection a copy of each invoice for fireworks purchased.

Such invoice shall show the license number of the wholesaler from whom such fireworks were purchased.

Said records shall be maintained for as long as any fireworks included on the invoice are held in such person's possession.

CHAPTER VI DISPLAY RETAILER OF FIREWORKS LICENSE

6.1 GENERAL

No person shall sell, deliver, consign, give, or furnish fireworks to any person authorized by C.R.S. § 24- 33.5-2003 and these rules and regulations to conduct a fireworks display in Colorado until that person first obtains a display retailer of fireworks license from the Division and the permit, if any, required by the A display retailer of fireworks license will permit only such sales as provided by Part 20, Article 33.5 of Title 24, C.R.S.

6.2 ACTIVITIES PERMITTED

The only activity permitted under this license is the sale of display fireworks and fireworks displays to sponsors of fireworks displays or certified fireworks display operators who are holders of permits for fireworks displays.

Prior to the start of permitted activities, the license holder must obtain a permit, if any required, from the 6.3 LICENSE PROVISIONS Application for a display retailer of fireworks license shall be made to the Division at least thirty (30) days prior to the start of permitted activities.

A display retailer of fireworks license shall be valid through September 1 of the year following the date on which the license was issued.

The license shall be prominently displayed at the place of business of the licensed display retailer.

6.4 VERIFICATION REQUIRED FOR SALES

For all sales, the display retailer must verify that the display will be conducted by a certified fireworks display operator and that the sponsor holds a current and valid permit for a fireworks display.

CHAPTER VII WHOLESALER OF FIREWORKS LICENSE

7.1 GENERAL

No person shall sell, deliver, consign, give, or furnish permissible fireworks to a retailer for resale in Colorado until that person first obtains a wholesaler of fireworks license from the Division and the permit, if any, required by the authority having jurisdiction.

A wholesaler of fireworks license will permit only such sales as provided by Part 20, Article 33.5 of Title 24, C.R.S.

7.2 ACTIVITIES PERMITTED

The only activity permitted under this license is the sale, delivery, consignment, gift or otherwise providing permissible fireworks to a retailer for resale in Colorado.

Prior to the start of permitted activities, the license holder must obtain a permit, if any required, from the 7.3 LICENSE PROVISIONS Application for a wholesaler of fireworks license shall be made to the Division at least thirty (30) days prior to the start of permitted activities.

A wholesaler of fireworks license shall be valid through September 1 of the year following the date on which the license was issued.

The license shall be prominently displayed at the place of business of the licensed wholesaler.

7.4 VERIFICATION REQUIRED FOR SALES

For all sales, the wholesaler must verify that the purchaser is a holder of a valid retailer, display retailer, or exporter of fireworks.

CHAPTER VIII EXPORTER OF FIREWORKS LICENSE

8.1 GENERAL

No person shall sell, deliver, consign, give, or furnish fireworks for export outside of Colorado until that person first obtains an exporter of fireworks license from the Division and the permit, if any, required by the authority having jurisdiction.

An exporter of fireworks license will permit only such sales as provided by Part 20, Article 33.5 of Title 24, C.R.S.

8.2 ACTIVITIES PERMITTED

The only activity permitted under this license is the sale, delivery, consignment, gift or otherwise providing fireworks for export outside of Colorado.

Prior to the start of permitted activities, the license holder must obtain a permit, if any required, from the local authority.

8.3 LICENSE PROVISIONS

Application for an exporter of fireworks license shall be made to the Division at least thirty (30) days prior to the start of permitted activities.

An exporter of fireworks license shall be valid through September 1 of the year following the date on which the license was issued and shall apply to only one retail location.

The license shall be prominently displayed at the place of business of the licensed exporter.

8.4 VERIFICATION REQUIRED FOR SALES

For all permitted sales, the exporter must verify that the purchaser:

(a) Holds a valid motor vehicle driver's license issued by a state other than Colorado and holds a valid motor vehicle registration issued by a state other than Colorado; or (b) Holds a valid Colorado motor vehicle driver's license and holds a valid wholesale, retail or resale license issued by a state or local authority located outside the State of Colorado.

8.5 RECORD OF TRANSACTIONS

An exporter of fireworks shall keep available for inspection a copy of each bill of lading for fireworks sold.

Such bill of lading must, at a minimum, show:

(a) The full legal name and address of the purchaser; and (b) The quantity and type of firework sold.

The sale of fireworks for transport in the purchaser’s vehicle is prohibited unless:

(a) The purchaser provides, and the exporter records, proof of a valid motor vehicle driver’s license issued by a state other than Colorado and proof of ownership of a lawfully registered transport vehicle licensed in a state other than Colorado; or (b) The purchaser provides, and the exporter records, proof of a valid motor vehicle driver’s license issued by the state of Colorado and furnishes a valid wholesale or retail license number or resale license number issued by the governing body of a state or local

authority located outside of the state of Colorado.

Said records shall be retained by the license holder for three (3) years following the year in which the transactions occurred.

CHAPTER IX STORAGE OF FIREWORKS

9.1 GENERAL

All storage of fireworks shall be in accordance with the building and fire codes adopted by the governing body. If the governing body has not adopted a fire code, all storage of fireworks shall be in accordance with the Fire Code indicated in paragraph 2.4.1.2.

CHAPTER X FIREWORKS PERMITS

10.1 GENERAL

Any governing body has the power to grant non-transferable and non-assignable permits within the area under its jurisdiction for the storage of fireworks or for:

(a) The facilities used for the retail sales of fireworks, including permissible fireworks; or (b) Displays of fireworks by any person, fair association, amusement park, or other organizations or groups.

10.2 PERMIT REQUIRED

Prior to the start of permitted activities, the holder of any license pursuant to C.R.S. § 24-33.5-2004 and these rules must obtain a permit, if any required, from the governing body.

Application for permits pursuant to C.R.S. § 24-33.5-2003 and these rules shall be made to the governing body at least thirty (30) days prior to the start of permitted activities, unless otherwise required by the

CHAPTER XI DISPLAY OF FIREWORKS

11.1 GENERAL PROVISIONS

No fireworks display shall be conducted in the State of Colorado without a valid permit if required by the local authority. No permit shall be required for fireworks displays conducted by the Colorado State Fair

Authority or any other governing body.

These provisions apply to both outdoor fireworks displays and pyrotechnic special effect performances.

11.2 PERMIT PROVISIONS

All fireworks display permits shall be valid for only one date or event and location and shall expire the day following the permitted date. An alternate date shall be permitted should the display or event covered by the permit be postponed.

The application for a fireworks display permit shall be accompanied by a site plan, evidence of financial responsibility, and a check or money order in payment of any required fee.

No permit for a fireworks display shall be issued to any person unless said person is a certified fireworks display operator or a certified pyrotechnic operator, whichever classification is appropriate.

11.3 CONDUCT OF FIREWORKS DISPLAY

All fireworks displays performed in the State of Colorado must be conducted by a certified fireworks display operator or a certified pyrotechnic operator, whichever classification is appropriate.

In addition to any other requirements of the authority having jurisdiction, any outdoor fireworks display conducted in the State of Colorado must be performed in accordance with the requirements of NFPA 1123-2014; Code for the Outdoor Display of Fireworks.

Any pyrotechnic special effect performances must be performed in accordance with the requirements of the authority having jurisdiction.

Unless otherwise required by the authority having jurisdiction, the display site shall be set-up and ready for inspection a minimum of sixty (60) minutes prior to the start of the display.

Prior to conducting an authorized fireworks display, the operator shall conduct an inspection of the display site.

11.4 REPORTS OF ACCIDENTS, FIRES AND INJURIES

Any pyrotechnics-related accident, fire or injury that occurs in connection with an authorized fireworks display, and known to the operator, shall be reported immediately by the operator to the Division and to local fire and law enforcement authorities.

CHAPTER XII FIREWORKS DISPLAY OPERATOR CERTIFICATION

12.1 GENERAL PROVISIONS

No person shall be certified as a fireworks display operator unless they have passed a general knowledge fireworks examination administered by the Colorado Division of Fire Prevention & Control and have actively participated in a minimum of five (5) documented fireworks displays in the five (5) years prior to application submission.

12.2 APPLICATION FOR CERTIFICATION

Application for certification as a fireworks display operator shall be filed with the Division on forms prescribed by the Director and shall contain such information as the Director may require.

Application for certification as a fireworks display operator shall be filed with the Division at least thirty (30) days before the date of any fireworks display to be conducted by the applicant.

Payment of the fee required by these rules and regulations must accompany the application for certification to the Division.

A criminal investigative background check shall be conducted on all applicants. The application may be denied at the discretion of the Director if the applicant has one or more criminal convictions.

All applicants shall submit proof of successful completion of a safety training program specific to fireworks display operators within the five (5) years prior to the application submission.

Certification issued under these rules and regulations shall be dated and numbered and shall be valid for a period of three (3) years unless earlier revoked.

In the event that an application for a fireworks certification is incomplete, the applicant shall have 180 days in which to submit additional required documentation, after which the initial application shall be void.

Renewal of the certification shall be granted to an operator without the need to retest, provided: (a) they are in good standing with the Division; (b) they have actively participated as a fireworks display operator in the safe performance of at least three (3) fireworks displays during the previous three-year certification period; and (c) they provide proof of completion of a safety training program for fireworks display operators completed within the previous three-year certification period 12.3 GENERAL KNOWLEDGE EXAMINATION A General Knowledge Fireworks Examination designed to indicate that personnel who handle display fireworks in the State of Colorado have a minimum understanding of safety requirements and State regulations shall be administered to all persons who apply for certification as an operator of fireworks displays. This examination shall be developed or approved by the Director, and the length and content of the examination and the passing grade required will be at the discretion of the Director.

Any person may retake the examination when a passing grade is not achieved; however, a waiting period of thirty (30) days is required after each unsuccessful attempt.

A thirty dollar ($30) nonrefundable fee will be assessed for each attempt to pass the General Knowledge Fireworks Examination.

CHAPTER XIII PYROTECHNIC OPERATOR CERTIFICATION

13.1 GENERAL PROVISIONS

No person shall be certified as a pyrotechnic operator unless they have passed a general knowledge fireworks examination administered by the Colorado Division of Fire Prevention & Control and have actively participated in a minimum of five (5) documented fireworks pyrotechnic shows in the five (5) years prior to application submission.

13.2 APPLICATION FOR CERTIFICATION

Application for certification as a pyrotechnic operator shall be filed with the Division on forms prescribed by the Director and shall contain such information as the Director may require.

Application for certification as a pyrotechnic operator shall be filed with the Division at least thirty (30) days before the date of any fireworks display to be conducted by the applicant.

Payment of the fee required by these rules and regulations must accompany the application for certification to the Division.

A criminal investigative background check shall be conducted on all applicants. The application may be denied at the discretion of the Director if the applicant has one or more criminal convictions.

All applicants shall submit proof of successful completion of a safety training program specific to fireworks pyrotechnic operators within the five (5) years prior to the application submission.

Certification issued under these rules and regulations shall be dated and numbered and shall be valid for a period of three (3) years unless earlier revoked.

In the event that an application for a fireworks certification is incomplete, the applicant shall have 180 days in which to submit additional required documentation, after which the initial application shall be void.

Renewal of the certification shall be granted to an operator without the need to retest provided: (a) they are in good standing with the Division; (b) they have actively participated as a fireworks pyrotechnic operator in the safe performance of at least three (3) pyrotechnic shows during the previous three-year certification period; and (c) provide proof of completion of a safety training program for fireworks pyrotechnic operators completed within the previous three-year certification period.

13.3 GENERAL KNOWLEDGE EXAMINATION

A General Knowledge Fireworks Examination designed to indicate that personnel who handle pyrotechnic fireworks in the State of Colorado have a minimum understanding of safety requirements and State regulations shall be administered to all persons who apply for certification as an operator of pyrotechnic displays. This examination shall be developed or approved by the Director, and the length and content of the examination and the passing grade required will be at the discretion of the Director.

Any person may retake the examination when a passing grade is not achieved; however, a waiting period of thirty (30) days is required after each unsuccessful attempt.

CHAPTER XIV LICENSE, CERTIFICATION AND PERMIT FEES

14.1 GENERAL

The Department of Public Safety will charge the following fees for tests, licenses, certifications and permits issued under these rules and regulations:

GENERAL KNOWLEDGE FIREWORKS EXAMINATION.............. $30.00

RETAILER OF FIREWORKS LICENSE............................................ $50.00

DISPLAY RETAILER OF FIREWORKS LICENSE............................ $1,500.00

WHOLESALER OF FIREWORKS LICENSE..................................... $1,500.00

EXPORTER OF FIREWORKS LICENSE.......................................... $1,500.00

FIREWORKS DISPLAY OPERATOR CERTIFICATION................... $50.00

PYROTECHNIC OPERATOR CERTIFICATION............................... $50.00

The above fees are established for licenses, certification and permits issued by the Department of Public Safety. Consult the local authority to determine their fees for permits, if any, pursuant to C.R.S.§ 24-33.5- 2003.

Of the above fees, the sum of $50.00 represents the cost to process applications for licensing or certification. In the event an application for licensing or certification is denied, for any reason, this amount is non-refundable. Processing fees will not be refunded in the event that local or statewide fireworks restrictions are enacted. In addition, the above listed fees are non-refundable in the event a license is suspended or revoked.

Fees may be waived or modified when appropriate at the discretion of the Director or their designee.

Request for waiver or modification shall be in writing. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 06/14/2015.

Entire rule eff. 03/17/2017.

Rule 2.4 emer. rule eff. 03/15/2018.

Entire rule eff. 06/14/2018.

Rules 2.4, 4.9, 12.2, 13.2, Chapter XV eff. 03/30/2019.

Rules 1.3, 3.1(g), 4.1, 5.5, 12.1-12.3, 13.1-13.3 eff. 03/01/2024.

8 CCR 1507-16 FIRST RESPONDER CERTIFICATION PROGRAM [Repealed eff. 09/30/2019] {#sec-8-ccr-1507-16 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-16}

DEPARTMENT OF PUBLIC SAFETY

Division of Fire Prevention and Control FIRST RESPONDER CERTIFICATION PROGRAM - Repealed eff. 09/30/2019 8 CCR 1507-16 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History Rules 14 and 15 eff. 12/30/2007.

Entire rule repealed eff. 09/30/2019.

8 CCR 1507-30 Code Enforcement and Certification of Inspectors for Public Schools, Charter Schools and Junior Colleges {#sec-8-ccr-1507-30 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-30}

DEPARTMENT OF PUBLIC SAFETY

CODE ENFORCEMENT AND CERTIFICATION OF INSPECTORS FOR PUBLIC SCHOOLS,

CHARTER SCHOOLS AND JUNIOR COLLEGES

8 CCR 1507-30 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

ARTICLE 1 – Purpose and Authority to Promulgate Rules 1.1 Purpose: 1.1.1 These rules establish uniform standards and minimum requirements for the construction, inspection, and maintenance of public school buildings and structures. 1.1.2 The purpose of these rules is to ensure that public school buildings or structures are constructed and inspected in compliance with Sections 22-32-124, 23-71-122, C.R.S, adopted codes, and applicable rules. 1.2 Technical Rationale 1.2.1 The technical requirements of these rules are supported primarily by codes developed by the International Code Council, a membership association dedicated to building safety and fire prevention. These rules establish minimum requirements for building systems using prescriptive and performance related provisions, which are widely used to construct residential and commercial buildings, including homes and schools. 1.3 Statutory Authority 1.3.1 Sections 22-32-124, 23-71-122, and 24-33.5-1203, C.R.S. establish the authority and duty of the Division to conduct or oversee the necessary plan reviews, issue building permits, and cause the necessary inspections to be performed as required by the adopted codes for buildings and structures of public schools, institute charter schools, charter schools, and junior colleges. 1.3.2 Section 24-33.5-1213.5, C.R.S. establishes the authority and duty of the Division to certify persons to conduct Building Code plan reviews and inspections for buildings and structures of public schools, institute charter schools, charter schools, and junior colleges. Such persons are reviewed and certified as part of the Prequalified Building Department process or through Delegated Building Inspector certification. 1.3.3 Section 24-33.5-1211, C.R.S. establishes the authority and duty of the Division to certify persons to conduct Fire Code plan reviews and inspections for buildings and structures of public schools, institute charter schools, charter schools, and junior colleges. 1.3.4 Sections 22-32-124 and 23-71-122, C.R.S. establish the authority of the local fire department or the Division to inspect buildings and structures of a Board when deemed necessary to assure that they are maintained in accordance with the adopted Codes. 1.3.5 The Director of the Division is authorized by the provisions of Section 24- 33.5-1203.5, C.R.S. to promulgate rules in order to carry out the duties of the Division. These rules are adopted pursuant to the authority in section 24-33.5-1203.5, C.R.S. and are intended to be consistent with the requirements of the State Administrative Procedure Act, Section 24- 4- 101, et seq. (the “APA”), C.R.S. 1.3.6 The Director of the Division is authorized to establish fees and charges necessary to defray the anticipated costs of the program.

ARTICLE 2 – Definitions 2.1 The definitions provided in Section 24-33.5-1202, C.R.S. shall apply to these rules. The following additional definitions shall also apply:

ANNUAL PERMIT - An official document issued by the Division, or a Prequalified Building Department, in accordance with the International Building Code and Article 6.9 of these rules.

BOARD - The school district Board of education, charter school, institute charter school, junior college, or their designated representative, subject to these rules.

BUILDING DEPARTMENT - The appropriate Building Department of an authority, county, town, city, or city and county and includes a Building Department within a fire department.

BUILDING PERMIT - An official document issued by the Division or a Prequalified Building Department that authorizes the erection, alteration, demolition and/or moving of buildings and CERTIFICATE OF COMPLIANCE - An official document issued by the Division or the Prequalified Building Department stating that materials and products meet specified standards, or that work was performed in compliance with approved construction documents, and that the provisions of applicable fire and life safety codes and standards continue to be appropriately maintained.

CERTIFICATE OF OCCUPANCY - An official document issued by the Division or the Prequalified Building Department that authorizes a building or structure to be used or occupied.

CEU - Means continuing education units. Each ten (10) hours of related professional development activities equals one (1) CEU.

COMPANY - A corporation, partnership, firm or association, two (2) or more persons having a joint or common interest, or any other legal or commercial entity.

CORE AND SHELL PERMIT - An official document issued by the Division or the Prequalified Building Department that is limited to authorizing the construction of foundation, columns, floor slabs, roof structure, exterior walls, and exterior glazing to the point of the building being weather tight.

CONSTRUCTION - Work that is not considered as maintenance or service, and that requires a building permit or Annual Permit.

C.R.S. - Means Colorado Revised Statutes DELEGATED BUILDING INSPECTOR (Also known as Third Party Inspector) - Building inspectors that have been certified by the Division to perform delegated inspection services in accordance with Article 10.1 of these rules.

DEMOLITION PERMIT - An official document issued by the Division or the Prequalified Building Department that is limited to authorizing the demolition of all or part of a building or structure.

DIRECTOR - The Director of the Division of Fire Prevention and Control.

DIVISION - Means the Division of Fire Prevention and Control.

FIRE CHIEF - The chief officer of the fire department serving the jurisdiction, or a duly authorized representative.

FIRE CODE OFFICIAL - The designated authority charged with the administration and enforcement of the Fire Code. Refer to Article 5 of these rules for information pertaining to the definition of the Fire Code Official.

FOUNDATION - Work related to building footings, piers, foundation walls, slabs on grade, under slab and underground building services.

FOUNDATION PERMIT - An official document issued by the Division or the Prequalified Building Department that is limited to authorizing the construction of foundations.

ICC - Means the International Code Council and its legacy codes.

INDIVIDUAL (or PERSON) - Means a person, including an owner, manager, officer, employee, or individual.

INSPECTION, TESTING AND MAINTENANCE PROGRAM - A program conducted by the building owner to satisfy the periodic inspection, testing and maintenance requirements of fire protection and life safety systems as required by applicable codes and standards.

INSTALLATION - The initial placement of equipment or the extension, modification or alteration of equipment after the initial placement.

LOCAL AUTHORITY HAVING JURISDICTION (AHJ) - The Building Department, Fire Chief, Fire Marshal or other designated official of a county, municipality, special authority, or special district that has fire protection and life safety systems enforcement responsibilities and employs or otherwise provides a Certified Inspector.

MAINTENANCE - To sustain in a condition of repair that will allow performance as originally designed or intended.

MAINTENANCE INSPECTIONS - Refers to periodic inspections conducted by the local fire department or the Division to verify conformance with the adopted Fire Code, rules and standards. Such maintenance inspections shall not be considered to relieve the building owner of the responsibility to conduct an inspection, testing and maintenance program for fire protection and life safety systems as required by the adopted Fire Code and Standards.

MECHANICAL PERMIT - An official document issued by the Division or Prequalified Building Department that is limited to authorizing an owner, authorized agent or contractor who desires to erect, install, enlarge, alter, remove, convert or replace a mechanical system, in accordance with the adopted mechanical code.

MOU - Means memorandum of understanding.

NICET - Means the National Institute for Certification in Engineering Technologies.

NFPA - Means the National Fire Protection Association.

PREQUALIFIED BUILDING DEPARTMENT - Means a Building Department that employs certified plans examiners and inspectors that has been approved by the Division and has executed a Memorandum of Understanding with the Division in accordance with Article 4 of these rules.

QUALIFIED FIRE DEPARTMENT - A fire department providing fire protection service for the buildings and structures of the Board that has Certified Fire Inspectors, as defined by Section 24- 33.5-1202(2.5), C.R.S., at the appropriate level for the task being performed.

QUALIFIED TRADESPERSON - Means an employee of the Board who has satisfactorily demonstrated to the Division that they either hold a current commercial building inspector certification from ICC or other similar national organization or have at least five (5) years of demonstrated education, training, and experience in the related commercial building construction or inspection field SERVICE (or REPAIR) - Means to repair in order to return the system to operation as originally designed or intended.

SMALL PROJECT PERMIT - An official document issued by the Division or a Prequalified Building Department in accordance with Article 6.8 of these rules.

SPECIAL INSPECTOR - Individuals that have been certified by the Division to perform special inspection services in accordance with Article 10.2 of these rules.

TEMPORARY CERTIFICATE OF OCCUPANCY - An official document issued by the Division, or the Prequalified Building Department, which authorizes a building or structure to be temporarily used or occupied for a period not to exceed ninety (90) days, unless an extension has been granted by the Division or the Prequalified Building Department.

TEMPORARY CONSTRUCTION TRAILER/OFFICE - A temporary modular building, owned and operated by the contractor that is less than one thousand (1,000) square feet and only placed for the duration of the project. Trailers meeting this definition are exempt from these rules. Trailers not meeting this definition shall be considered as a modular building and permitted as such.

THIRD PARTY INSPECTOR (Also known as Delegated Building Inspector) - Building inspectors that have been certified by the Division to perform delegated inspection services in accordance with Article 10.1 of these rules.

TOTAL PROJECT VALUATION - The construction cost of the project for which the permit is being issued including materials and labor, such as electrical, gas, mechanical, plumbing, equipment, and permanent systems. Such valuation will be calculated using one (1) of the following two (2) methods:

A) For new construction or additions to existing facilities, construction cost is calculated based on a per square foot cost using the International Code Council’s Building Valuation Data Square Foot Construction Cost Table published February 2023 (Copyright 2023 by the International Code Council, Inc. Washington D.C.). No later amendments to or editions to the Cost Table are included. The Division will maintain an electronic copy of this document, which is available for public inspection during regular business hours.

Interested parties may inspect the referenced incorporated document and/or obtain certified copies of the document for a reasonable fee by contacting the Fire and Life Safety Section Chief at the Division, 690 Kipling St., Lakewood, CO 80215 and/or the State Depository Libraries. A copy of the document is available directly from the organization originally issuing the document: The International Code Council Regional Office Bookstores, reached by calling 888-ICC-SAFE (888-423-7233) or by the ICC website.

B) For all other projects, construction cost is equal to the cost of the project as demonstrated by detailed estimates provided by the Business Entity.

ARTICLE 3 - Codes, Documents and Standards Incorporated by Reference 3.1 The technical requirements of these rules are supported primarily by codes developed by the International Code Council and the National Fire Protection Association. These two organizations are membership associations dedicated to building safety and fire prevention. These rules establish minimum requirements where the Division is the Authority Having Jurisdiction for building systems using prescriptive and performance related provisions, which are widely used to construct residential and commercial buildings. The appropriate portions of the adopted codes will be applied as prescribed by the adopted codes themselves. Where there are differing provisions for new and existing construction, all work taking place after April 1, 2019 must meet the requirements for new construction, as amended by the provisions of IEBC and NFPA 101. 3.2 The following codes and their referenced standards are adopted and promulgated as standards for the construction and maintenance of all property, buildings, and structures owned or operated by a school or school district subject to regulation by the Division in the State of Colorado: 3.2.1 Adopted codes pertinent to these rules shall be as prescribed in 8 CCR 1507-101 BUILDING AND FIRE CODE ADOPTION AND CERTIFICATION OF INSPECTORS FOR FIRE & LIFE SAFETY PROGRAMS ADMINISTERED BY THE STATE OF COLORADO.

A) For the purposes of these rules, the Division shall enforce the Building Codes as defined in 8 CCR 1507-101 § 3.2.1.

B) For the purposes of these rules, the Division shall enforce the Fire Codes as defined in 8 CCR 1507-101 § 3.2.2.

ARTICLE 4 – Prequalification of Building Department. 4.1 The Division may prequalify a Building Department to conduct the necessary plan reviews, issue building permits, conduct inspections, issue certificates of occupancy, issue Temporary Certificates of Occupancy, and take enforcement action to ensure that a building or structure has been constructed in conformity with these rules. 4.2 In lieu of applying for a building permit through the Division, an affected Board may, at its own discretion, opt to use the appropriate Prequalified Building Department that otherwise has code enforcement jurisdiction over the location in which the school is situated and has entered into a MOU with the Division as the delegated authority to conduct building code plan reviews, inspections and issue certificates of occupancy. 4.3 Prequalification Process 4.3.1 Application Form: In order to be considered for prequalification, the Building Department shall complete an application form, and include each qualified applicant seeking certification as a plan reviewer or inspector on a public school construction project.

Qualified applicants shall comply with the provisions of 8 C.C.R 1507 – 101 BUILDING AND FIRE CODE ADOPTION AND CERTIFICATION OF INSPECTORS FOR FIRE & LIFE SAFETY PROGRAMS ADMINISTERED BY THE STATE OF COLORADO. Plan reviewer and Inspector certifications issued by the Division to applicants holding ICC or national certifications will be valid for three (3) years, whereas certifications issued to applicants on the basis of demonstrated education, training, and experience will be valid for one (1) year and will require ICC or national certification prior to renewal. 4.3.2 Memorandum of Understanding: After the Division has reviewed the application and determined that the Building Department has plan reviewers and inspectors that have the necessary education, training, and experience, the Division may issue and execute a Memorandum of Understanding (MOU) between the Building Department and the Division. Pursuant to this MOU, the Division may prequalify a Building Department to conduct the necessary plan reviews, issue building permits, conduct inspections, issue Certificates of Occupancy, and issue Temporary Certificates of Occupancy to ensure that a building or structure has been constructed in conformity with the building and fire codes adopted by the Division and take enforcement action.

A) Nothing in the MOU shall be construed to allow the Building Department to take enforcement action other than in relation to the building codes adopted by the B) Nothing in the MOU shall be construed to allow the Division to delegate a Prequalified Building Department without the approval of the Board unless such action is taken for violation of delegated building inspection requirements as described in Article 7.1.2 of these rules.

C) Nothing in the MOU shall be construed to allow the Building Department to assume authority for plan review and/or inspection services in locations in which it does not otherwise have code enforcement authority. 4.4 Duties of Prequalified Building Departments 4.4.1 The Prequalified Building Department shall conduct the necessary plan reviews, issue building permits, conduct inspections, issue certificates of occupancy, issue Temporary Certificates of Occupancy, and take enforcement action to ensure that a building or structure is constructed in conformity with the building and fire codes adopted by the 4.4.2 The Prequalified Building Department shall not take enforcement action other than in relation to the building codes adopted by the Division. 4.4.3 The Prequalified Building Department shall only use plan reviewers and inspectors within their Building Department that have been certified by the Division to work on public school construction projects. 4.4.4 The Prequalified Building Department shall cause copies of the building plans to be sent to the local fire department or the Division for review of fire safety issues. 4.4.5 If the building or structure is in conformity with the adopted building and fire codes, and if the Qualified Fire Department or the Division certifies that the building or structure is in compliance with the adopted fire code, the Prequalified Building Department shall issue the necessary Certificate of Occupancy prior to use of the building or structure by the permit applicant. 4.4.6 If all inspections are not completed and the Board requires immediate occupancy, and if the Board has passed the appropriate inspections, including fire inspections, that indicate there are no life safety issues the Prequalified Building Department may issue a Temporary Certificate of Occupancy to allow the Board to occupy the buildings and 4.4.7 The Prequalified Building Department shall attest that inspections are complete and all violations are corrected before the Board is issued a Certificate of Occupancy. Inspection records shall be retained by the Prequalified Building Department for two (2) years after the Certificate of Occupancy is issued. 4.4.8 The Prequalified Building Department may set reasonable fees and collect these fees to offset the cost of plan review and inspection of public school construction projects. Public School Boards shall be notified of any adjustment of fees a minimum of thirty (30) days prior to the effective date of the change

ARTICLE 5 – Definition of Fire Code Official and Delegation of Fire Code Authority. 5.1 The Fire Code Official for buildings and structures of public schools, institute charter schools, charter schools and junior colleges shall be the Division. 5.2 Where the local authority having jurisdiction has Certified Fire Inspectors at the appropriate level for the task, the responsibility of conducting the necessary construction plan reviews and inspections required by the adopted Fire Code will be delegated to the Local Authority having Jurisdiction in the location of the structure. Upon delegation of this responsibility, the local

authority having jurisdiction shall be considered as the Fire Code Official. 5.3 If the local authority having jurisdiction declines to perform the plan review or any subsequent inspection, or if a Certified Fire Inspector is not available, the Division shall perform the construction plan reviews and inspections required by the adopted Fire Code and shall be considered as the Fire Code Official. 5.4 Where the Division serves as the Fire Code Official, it shall seek approval from the local fire department on code provisions requiring approval of the fire chief. In such cases, the Fire Department shall respond within twenty (20) business days in accordance with Section 6.4.4 of these rules. Failure of the Fire Department to respond within the allotted twenty (20) business days will be interpreted as approval of the submitted project. If the local fire department is unwilling or unable to grant approval of those provisions, it may ask, within the allotted twenty (20) days, for assistance from the Division; the submittal of a completed Advanced Service Technical Agreement will be required.

ARTICLE 6 – Building Permit Application 6.1 Notification of Delegation to a Prequalified Building Department. 6.1.1 For projects that require a permit that will be reviewed and inspected by a Prequalified Building Department, the Prequalified Building Department or the Board must notify the Division prior to beginning construction. Notification shall include:

A) Name of project (including school district);

B) Location of project;

C) Scope of work;

D) Projected cost;

E) Planned construction start and end times;

F) Identification of Fire Code Official (Qualified Fire Department or Division);

G) Identification of local fire department (whether qualified or not) to which plans will be submitted; and H) Identification of building code official (Prequalified Building Department). 6.2 Preliminary Application Package Review 6.2.1 For any construction project, the Board or the Division may request and hold, a preliminary review meeting with either the Division or the Prequalified Building Department, and the local fire department, at the appropriate design stage of document preparation. 6.2.2 If a preliminary review meeting is requested, the following items should be included in the preliminary review package:

A) A key plan or site plan as applicable, showing the property address(s) (or legal description), boundaries, existing buildings, proposed buildings and/or additions, parking lots, fenced areas, fire hydrants, fire equipment access, water supply and topography.

B) Sufficient documentation to illustrate and describe the design of the project, establishing the scope, relationships, forms, size and appearance of the project by means of plans, sections and elevations, typical construction details, and equipment layouts. The documents shall include outline specifications that identify major materials and systems and establish in general their quality levels.

C) A code plan that includes the following minimum information:

(1) Calculation of the allowable and actual square footage of the new construction;

(2) The floor plan of all new construction, existing to remain, and remodel areas;

(3) The proposed occupancy group(s) of the building. Include daytime use and after-hours use occupancy groups where applicable;

(4) All fire and smoke rated construction (including rated exit corridors, fire walls, fire barriers, fire partitions, and smoke barriers) and construction capable of resisting the passage of smoke; and (5) All exits and all stairways. 6.2.3 The Division, the local fire department, and/or the Board may request a meeting or teleconference, in a timely manner, at any time during the preliminary review. All parties shall make reasonable accommodations for such requested meeting or teleconference. 6.3 Building Permit Application Submittal 6.3.1 For all construction projects not covered under an annual building permit, a small project permit, or a fire protection permit as defined in this Article, the Board must submit a complete plan review application package to the Division or the Prequalified Building Department and the local fire department not less than thirty (30) days prior to beginning construction. The Board may request from the Division or the Prequalified Building Department an exemption to the thirty (30) day minimum submittal period, which will be considered on a case-by-case basis. 6.3.2 The permit application requirements are available on the Division’s website. 6.3.3 The building permit application package shall be concurrently submitted to the Division and to the local fire department. 6.4 Plan Review and Permitting 6.4.1 The Division will notify the Board upon receipt of a complete building permit application submittal or if the building permit application is incomplete. 6.4.2 The Building Code plan review shall be completed by a certified building plans examiner within the Division, or by the Prequalified Building Department. 6.4.3 The Fire Code plan review shall be completed by an individual certified as a Fire Inspector III – Plans Examiner within the Division, or by the Qualified Fire Department. 6.4.4 For delegated fire code review and inspection arrangements, the delegated Fire Code Official, as defined in Article 5.2 of these rules, has twenty (20) business days upon receipt of a complete review package, which shall include all life safety systems documents and drawings, “stamped” as required, to submit the completed fire review or Fire Code Review form to the Division or the Prequalified Building Department. Failure of the Fire Code Official to respond within the allotted twenty (20) business days will be interpreted as approval of the submitted project. The Fire Code Official shall forward their approval, or list of comments and corrections, and request for deferred submittals to the Board and the Division or Prequalified Building Department. 6.4.5 The delegated Fire Code Official may request, in writing, an extension from the Division on the basis of the complexity of the building plans. Extension requests shall be copied to the affected Board. 6.4.6 The Division, the local fire department and/or the Board may request a meeting or teleconference at any time during the construction document review. The Division shall make reasonable accommodations for such meeting or teleconference. 6.4.7 Upon completion of the building plan review, the Division or the Prequalified Building Department will provide to the Board a comprehensive list of corrections from the building code review to be addressed prior to the issuance of a Building Permit. This list of corrections shall not be considered as all-inclusive and may not be considered as approval of any condition in violation of applicable code. Once all corrections have been satisfactorily addressed and the Fire Code Official has been notified of the project in accordance with Article 6.4.4 or Article 6.8.1 of these rules, the Division or the Prequalified Building Department shall issue the Building Permit. 6.5 Phased Permitting 6.5.1 Upon request by the Board, the Division may issue phased permits for demolition, construction of foundations, and construction of core and shell, provided that construction documents for that portion of the building or structure being permitted have been submitted per Article 6.3 of these rules. The holder of such permit for demolition or the construction of foundations or vertical construction shall proceed at the holder’s own risk with building operation and without assurance that a permit for the entire structure will be granted. Issuance of this permit shall not be considered all-inclusive and may not be considered as approval of any condition in violation of applicable codes. 6.6 Required Construction Permits for Fire Code Compliance 6.6.1 Deferred design/build (shop drawing) submittals for fire protection and life safety systems are permitted; however, initial construction documents submitted to the Division or Prequalified Building Department under the initial request for building permit shall provide sufficient information to show compliance with Fire Code requirements and coordination between fire systems and other building systems (i.e., HVAC systems, security systems). 6.6.2 Permit submittals for fire protection and life safety systems identified under Section 105.7 of the International Fire Code shall be submitted for plan review and permit issuance in accordance with the requirements established by the Fire Code Official for review and approval prior to beginning installation of the system.

A) Fire sprinkler shop drawings shall be submitted to the Fire Code Official in accordance with 8 CCR 1507-11 FIRE SUPPRESSION PROGRAM and the requirements of the Fire Code and NFPA 13 – Standard for the Installation of Sprinkler Systems.

1. Provide the submittal in the format required by the Fire Code Official.

2. Submittal packages shall contain the minimum information required by the adopted Fire Code and NFPA 13.

B) Fire alarm shop drawings shall be submitted to the Fire Code Official in accordance with the requirements of the Fire Code and NFPA 72 – National Fire Alarm and Signaling Code.

1. Provide the submittal in the format required by the Fire Code Official. 2). Submittal packages shall contain the minimum information required by the adopted Fire Code and NFPA 72.

C) Shop (installation) drawings for other systems regulated by the Fire Code shall be submitted to the Fire Code Official in accordance with the Fire Code, and the appropriate reference standard for the system as indicated in the Fire Code. 6.6.3 Minimum qualifications for fire protection and life safety system design and installation.

A) Fire Suppression Systems 1) Any installation, modification, alteration, or repair of a fire suppression system shall be in accordance with 8 CCR 1507-11 FIRE SUPPRESSION PROGRAM.

B) Fire Alarm Systems 1) The design of any new system or alteration of an existing fire alarm system using the prescriptive requirements of NFPA 72 shall be performed by a person that is currently a professional engineer or certified by NICET at a level III or level IV in fire protection engineering technologies - fire alarm systems, or another nationally recognized organization approved by the Division.

2. The design of any new system or alteration of an existing fire alarm system using performance based design methods as described by NFPA 72 or alternative materials and methods as described by the adopted Fire Code shall be performed by a person that is currently a professional engineer.

3. The installation of a fire alarm system shall be performed by or supervised by a person that is currently certified at a minimum of NICET level II in fire protection engineering technologies – fire alarm systems, or another nationally recognized organization approved by the Division.

C) Other Fire Protection Systems regulated by the Fire Code.

1. The design and installation shall be performed by a company or individual with manufacturer approved training for the specific system, or as otherwise required by the applicable Code section or referenced standard. 6.7 Fire Protection Permits 6.7.1 Fire protection projects involving only the installation, modification, repair or replacement of fire protection and life safety systems or other activities regulated solely by the Fire Code are exempt from the requirements of Article 6.3 of these rules; however, a fire protection permit shall be obtained from the Fire Code Official in accordance with this

Article and the IFC. 6.7.2 Submit system shop or installation drawings in accordance with the requirements of

Article 6.6 of these rules. 6.8 Small Project Permit 6.8.1 In lieu of a full Building Permit, the Division may issue a small construction project permit for certain small projects. Small project permit application requirements differ from full building permit projects, as defined and documented on Division small project application forms and checklists. 6.8.2 Small Project Scope: Small projects are limited in scope, as defined by the Small Project Permit Policy, issued by the Division. 6.9 Annual Permits 6.9.1 In lieu of an individual permit for each alteration to certain approved mechanical or building installations, the Division or Prequalified Building Departments may issue an Annual Permit, upon application, to any Board regularly employing one or more Qualified Tradespersons in the building, structure, or on the premises owned or operated by the Board. Annual Permits shall remain valid for a period of twelve (12) months from the issuance date. The Board shall notify the Local Fire Department prior to the commencement of work conducted under an Annual Permit. A Prequalified Building Department may also require notification prior to commencement of projects conducted under an Annual Permit. 6.9.2 Annual Permit Scope: Annual Permit projects are limited in scope to the following:

A) Like-for-like replacement of certain previously approved mechanical equipment, as defined in the International Mechanical Code adopted by the Division;

B) Installation of non-fire rated doors in non-bearing walls or partitions;

C) Adding glazing or window to existing non-fire rated interior doors;

D) Replacement of existing panic hardware;

E) Replacement of skylight(s) greater than ten (10) feet away from a firewall;

F) Installation of vocational instruction equipment (projectors, screens); and G) Demolition or removal of portable modular units. 6.9.3 Annual Permit Records: The Board to whom an Annual Permit is issued shall keep a detailed record, including stamped engineered drawings (if applicable), of all replacements made under such Annual Permit. 6.9.4 All work completed under an Annual Permit shall be inspected by a Delegated Building Inspector or a Qualified Tradesperson within ten (10) days of completion of a project and such inspections shall be recorded on an inspection log. The Division or the Prequalified Building Department that chooses to issue Annual Permits shall have access to all inspection logs at all times, and such records shall be submitted to the Division or the Prequalified Building Department within thirty (30) days of the expiration date of the Annual Permit. 6.9.5 If the inspection logs associated with the Annual Permit demonstrate compliance with the Annual Permit requirements, the Division or the Prequalified Building Department may issue a Certificate of Compliance for projects completed under that permit. 6.9.6 If the inspection logs associated with the Annual Permit demonstrate noncompliance with the Annual Permit requirements, the Division will issue a correction notice and may withhold issuing another Annual Permit to the Board until all corrections have been satisfied.

ARTICLE 7 – Construction Inspections 7.1 Building Code Inspections 7.1.1 Construction or work for which a permit is required shall be subject to inspection by the Division, a Delegated Building Inspector or a Special Inspector contracted by the Board, or the Prequalified Building Department. Such construction or work shall remain accessible and exposed for inspection purposes until approved. Neither the Division, a Delegated Building Inspector or a Special Inspector contracted by the Board, nor the Prequalified Building Department shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. 7.1.2 Delegated Building Inspections: For all building permit applications issued by the Division, the affected Board shall hire and compensate Delegated Building Inspectors certified by the Division to perform inspections. A list of certified Delegated Building Inspectors will be posted on the Division website. If the Board is unable to obtain a Delegated Building Inspector, a Building Department that has been prequalified by the Division shall oversee the project. If the Board is unable to obtain a Delegated Building Inspector and no Building Department has been prequalified, the Division shall conduct, or assist with obtaining, a Delegated Building Inspector to perform the required inspections, and the Board shall compensate the Division or the contracted obtained Delegated Building Inspector for all associated inspection costs.

A) Prior to commencement of construction on projects requiring delegated building inspections, the Board shall notify the Division of the designated Delegated Building Inspector for the permitted project. The notification shall be made in writing using a form provided by the Division. The Division may request a preconstruction meeting with the Board, the contractor hired to perform the work, and the certified Delegated Building Inspector.

B) The Division shall require a sufficient number of delegated building inspection reports to be submitted by the inspector based upon the scope and cost of the project to ensure quality inspections are performed. Concurrent with the permit approval, the Division shall issue an Inspection Card specifying the applicable required inspections as set forth in Chapter 1 of the Building Code.

1. The inspection card shall be on site throughout the duration of the project.

C) Violation of Delegated Building Inspection Requirements: If the Division finds that inspections are not completed satisfactorily or that all violations are not corrected, it shall take enforcement action against the appropriate Board pursuant to Article 11 of these rules and may require that the next project undertaken by the Board be delegated to the Prequalified Building Department. 7.1.3 For permits issued by the Division, the final inspection shall be conducted only by the Division after all work required by the building permit is completed. Mid-construction inspections may be performed to observe progress and verify compliance with delegated building inspection requirements as deemed necessary by the Division. 7.1.4 Delegated Building Inspectors shall include their printed name and state certification number in the appropriate location on the inspection report or card. 7.2 Fire Code Inspections 7.2.1 Project sites shall be inspected by the Fire Code Official to verify compliance with the Fire Code and approved construction documents.

Construction inspections shall be conducted by a person certified as Fire Inspector II or Fire Inspector III – Plans Examiner. Delegated building inspection provisions do not apply to the required Fire Code inspections. Fire inspections shall be performed by the Division or the Qualified Fire Department. Neither the Division nor the Qualified Fire Department shall be liable for expenses entailed in the removal or replacement of any material required to allow inspection. 7.2.2 A Certified Fire Inspector shall perform inspections of fire suppression systems in accordance with 8 CCR 1507-11 FIRE SUPPRESSION PROGRAM.

A) A Certified Fire Inspector II may perform both inspections (fire suppression system and Fire Code construction).

B) If the Fire Code Official does not employ a Certified Fire Inspector II, the Fire Code Official shall obtain the services of a Certified Fire Inspector II or above to perform the suppression system inspections. 7.3 Results of all inspections shall be documented on the job site inspection card and in the official records of the inspecting entity, including type of inspection, date of inspection, identification of the responsible individual making the inspection, and comments regarding approval or disapproval of the inspection. Inspection records shall be retained by the inspecting entity for two years after the Certificate of Occupancy is issued. 7.3.1 Certified Fire Inspectors shall include their printed name and State fire inspector certification number in the appropriate locations on the inspection report or card. 7.4 Inspection Request Notification to the Division. 7.4.1 The Division shall be provided with notification in writing no later than noon of the Thursday in the week preceding the requested inspection. The Division will make all reasonable efforts to provide the inspection on the requested day or time, provided an inspector is available. If the inspection schedule is full, an alternate day and time will be proposed. 7.4.2 It shall be the duty of the permit holder to provide access to and means for Inspections of such work that are required by this code. 7.4.3 Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval from the appropriate inspection entity. The inspector, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed or notify the permit holder or their agent wherein the same fails to comply with the codes adopted in these rules. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the appropriate inspection entity. The re-inspection shall be requested in accordance with Article 7.4.1 of these rules.

ARTICLE 8 – Certificate of Occupancy 8.1 The Board shall not occupy or use a public school building or structure until a Certificate of Occupancy or a Temporary Certificate of Occupancy has been issued by Division, or the Prequalified Building Department. 8.2 The Division or the Prequalified Building Department may issue a Temporary Certificate of Occupancy if a Board requires immediate occupancy and if the Board has passed the appropriate inspections, including fire inspections, that indicate there are no life safety issues. The Temporary Certificate of Occupancy shall expire ninety (90) days after the date of issuance. If no renewal of the Temporary Certificate of Occupancy is issued or a permanent Certificate of Occupancy is not issued, the building shall be vacated upon expiration of the Temporary Certificate of Occupancy.

ARTICLE 9 – Maintenance and Complaint Inspections and Inspection, Testing, and Maintenance Programs. 9.1 Maintenance and Complaint Inspections. 9.1.1 The fire department providing fire protection service or the Division may perform inspections of buildings, facilities, and structures when deemed necessary to assure that they are maintained in accordance with the adopted Fire Code.

A) Maintenance inspections shall be performed at least annually.

B) If the fire department is unable or unwilling to perform maintenance inspections, the Division shall have the authority and duty to perform them.

C) If the fire department does not have an inspector certified as a Fire Inspector I or above, the Division will perform regular maintenance inspections for the Board to ensure compliance with these rules and the applicable statutes.

D) A copy of all fire code inspection reports involving school property shall be furnished to the Board upon completion of the inspection and the subsequent report.

E) All maintenance inspections conducted in or on school property, including tenant space, shall be coordinated with the Board or their designee. 9.1.2 Qualified Fire Departments performing maintenance inspections are required to notify the Division that such inspections are being performed and provide documentation when inspections are completed. If notice and/or documentation is not provided, the Division will attempt to contact the Qualified Fire Department. If documentation is still not provided, the Division will have the duty to inspect. 9.1.3 Nothing in this Article 9.1 shall prohibit the fire department providing fire protection services from conducting routine assessments of buildings and structures, or prevent the department from correcting violations that pose an immediate threat to life safety.

Additionally, nothing in this Article 9.1 shall prohibit the fire department from seeking enforcement action in a court of competent jurisdiction. 9.1.4 A fire department providing fire protection service for buildings and structures of a Board that chooses to perform Fire Code inspections may refer notices of deficiencies to the Division for evaluation and enforcement.

A) Notices of deficiencies and requests for evaluation and enforcement shall be submitted in writing to the Public School Program Administrator as described in

Article 12 of these rules. 9.2 Inspection, Testing and Maintenance Programs. 9.2.1 The Board shall ensure that building systems are inspected, tested, and maintained as required by the adopted codes and referenced standards. 9.2.2 Personnel employed by a Board performing inspection, testing, and maintenance programs are not required to be Certified Fire Inspectors.

A) Exception: Personnel performing work on system components that would require permits, licensing, or registrations under any adopted codes, laws, or rules shall be registered or licensed as appropriate. 9.2.3 Inspection, testing, and maintenance records shall be retained for at least two (2) years.

Records shall indicate the procedure or inspection performed by the organization that performed the procedure or inspection, the results, and the date. The Board shall provide these records for review by the Qualified Fire Department or to the Division upon request. 9.2.4 The Board shall report, or cause to be reported in the manner and method required by the Division, all fires that occur within any property, building, and/or structure owned or operated by a school or school district subject to regulation by the Division in the State of Colorado. This requirement shall be met anytime a fire occurs that causes any one (1) of the following conditions:

A) Activates one (1) of the fire and life safety systems installed in the building or structure (e.g. – fire alarm system, fire suppression system, etc.);

B) Causes a response from the Fire Department;

C) Causes the evacuation of any occupants located in the building or structure; or D) Results in the deployment and use of a fire extinguisher.

ARTICLE 10 – Building Code and Fire Code Inspector Certification 10.1 Inspectors shall be certified in accordance with the provisions of 8 CCR 1507 – 101 BUILDING AND FIRE CODE ADOPTION AND CERTIFICATION OF INSPECTORS FOR FIRE & LIFE SAFETY PROGRAMS ADMINISTERED BY THE STATE OF COLORADO. 10.2 Delegated Building Inspectors 10.2.1 Duties of Delegated Building Inspectors A) Delegated Building Inspectors contracted by the Board shall conduct the required inspections and require corrections or modifications as necessary to ensure that a building or structure is constructed in conformity with the building code adopted B) Delegated Building Inspectors contracted by the Board shall enforce only the codes adopted by the Division.

C) The Board shall only use inspectors that are certified by the Division to work on public school construction projects.

D) Delegated Building Inspectors contracted by the Board shall cause copies of their inspection reports to be sent to the Division.

E) If all inspections are not completed and a building requires immediate occupancy, and if the Board has passed the appropriate inspections that indicate there are no life safety issues, the certified Delegated Building Inspectors contracted by the Board shall notify the Division so that a Temporary Certificate of Occupancy may be issued to allow the Board to occupy the buildings and F) Delegated Building Inspectors contracted by the Board shall attest that inspections are complete and all violations are corrected before the Division issued the Board a Certificate of Occupancy. The certified Delegated Building Inspector shall retain inspection records for two (2) years after the Certificate of Occupancy is issued. 10.2.2 Applicants shall complete the following items for application as a Certified Delegated Building Inspector:

A) Complete the application form for Delegated Building Inspector certification, which is available on the Division website.

B) Provide a resume and sufficient proof of qualification, including proof of national certifications, or description of equivalent education, training and experience.

C) Pay the required certification fee. 10.3 Special Inspectors 10.3.1 Duties of Special Inspectors A) Special Inspectors contracted by the Board shall conduct the required special inspections and require corrections or modifications as necessary to ensure that a building or structure is constructed in conformity with the building code adopted B) Special Inspectors contracted by the Board shall enforce only the code adopted C) The Board shall only use Special Inspectors that are certified by the Division to perform required special inspections on public school construction projects.

D) Special Inspectors contracted by the Board shall cause copies of their inspection report to be provided to the Division.

E) Special Inspectors contracted by the Board shall attest that special inspections are complete and all violations are corrected before the Division issued the Board a Certificate of Occupancy or a Certification of Completion. The certified Special Inspector shall retain inspection records for two (2) years after the Certificate of Occupancy or Certificate of Completion is issued. 10.3.2 Applicants shall complete the following items for application as a Certified Special Inspector:

A) Complete the application form for Special Inspector certification, which is available on the Division website.

B) Provide documentation of qualifications in conformance with the code adopted.

C) Pay the required certification fee. 10.4 Fire Inspectors 10.4.1 Duties of Fire Inspectors A) Fire Inspectors shall conduct the required plan reviews and inspections and require corrections or modifications as necessary to ensure that a building or structure is constructed in conformity with the fire codes adopted by the Division.

B) Fire Inspectors shall enforce only the codes adopted by the Division.

C) Fire Inspectors shall cause copies of their inspection reports to be sent to the D) If all inspections are not completed and a building requires immediate occupancy, and if the Board has passed the appropriate inspections that indicate there are no life safety issues, the Fire Inspector may recommend to the Division or the Prequalified Building Department that a Temporary Certificate of Occupancy be issued to allow the Board to occupy the buildings and structures.

E) Fire Inspectors or their employees shall maintain records of all plan reviews and inspections conducted during the three-year certification period or longer, as required by law. Said records shall be made available for review by the Division upon request.

ARTICLE 11 – Enforcement 11.1 The Director of the Division shall enforce the requirements of the codes adopted in Article 3 of these rules in accordance with the provisions of Section 24-33.5- 1213, C.R.S. 11.1.1 The Director may issue a notice of violation to a person who is believed to have violated the provisions of the Codes as determined by an inspection in accordance with the procedures described in Section 24-33.5-1213, C.R.S. 11.1.2 An enforcement order issued pursuant to Section 24-33.5-1213, C.R.S. may impose a civil penalty depending upon the severity of the alleged violation not to exceed five hundred ($500) dollars per violation for each day of violation; except that the Director may impose a civil penalty not to exceed one thousand ($1000) dollars per violation for each day of violation that results in, or may reasonably be expected to result in, serious bodily injury. 11.1.3 The Director may file suit in the district court in the judicial district in which a violation is alleged to have occurred to judicially enforce an enforcement order issued pursuant to

Section 24-33.5-1213, C.R.S. 11.2 A person who is the subject of, and is adversely affected by, a notice of violation or enforcement order issued pursuant to this Article may appeal such action to the Executive Director of the Department of Public Safety. The Executive Director shall hold a hearing to review such notice or order and take final action in accordance with Section 24-4-103, C.R.S. Final agency action shall be subject to judicial review pursuant to Section 24-4-106, C.R.S. 11.3 It is not the intent of this Article to remove, limit, or modify enforcement authority of the fire department providing fire protection service for buildings or structures of a Board.

ARTICLE 12 - Appeals 12.1 A board of education, the state charter school institute, a charter school, or a junior college board of trustees that is the subject of, and adversely affected by, a decision or interpretation made by an entity that conducts a plan review or inspection pursuant to Sections 22-32-124 or 23-71- 122(1)(v), C.R.S. may appeal such action to the Board of Appeals formed by Section 24-33.5- 1213.7, C.R.S. 12.1.1 The affected party shall first appeal to the plan review or inspection entity. After consideration, the entity shall issue its final written decision on the matter. 12.1.2 If the affected party still disagrees with a decision made by a local authority having jurisdiction or prequalified building department, it may appeal to the Director. After consideration, the Director or their designee shall issue the Division’s final written decision on the matter. 12.1.3 If the affected party still disagrees, it may appeal to the General Board of Appeals. The appeal shall be filed within thirty (30) days after the date of the final written decision by the Director or their designee. Upon receipt of an appeal, the Division shall notify the Chair of the Board of Appeals and schedule a hearing no more than fifteen (15) days after the date the appeal was filed. 12.1.4 An application for appeal shall be based on a claim that the true intent of this code or the standards legally adopted therein have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The Board of Appeals shall not waive any requirements of the codes or standards; however, the Board of Appeals may recommend alternative materials or methods as provided by the codes or standards. The final written decision of the Board of Appeals is final agency action for the purposes of Section 24-4-106, C.R.S.

ARTICLE 13 – Fees and Charges 13.1 Inspector Certification Fees: The Division shall charge the fees for inspector certifications as specified in 8 CCR 1507-101 BUILDING AND FIRE CODE ADOPTION AND CERTIFICATION OF INSPECTORS FOR FIRE & LIFE SAFETY PROGRAMS ADMINISTERED BY THE STATE OF COLORADO. 13.2 Plan Review, Construction Permit, and Inspection Fees 13.2.1 The Division shall charge a fee for plan review and issuance of a permit to cover the actual, reasonable, and necessary expenses of the Division for those expenses related to the public school construction program. 13.2.2 The plan review, construction permit, and inspection fees are calculated based on the total project valuation (TPV).

A) The building inspection component of this fee in Section 13.2.4.A below only includes an allocation of site visits conducted by the Division prior to the issuance of a Certificate of Occupancy in accordance with the categorization outlined in

Section 13.2.2.B below. In the event additional inspections by the Division are necessary or requested, additional fees may be assessed as outlined in Section 13.2.6 below.

B) The fire inspection component of this fee in this Section includes an allocation of site visits to complete the necessary inspections in accordance with the following categorization. In the event additional inspections by the Division are necessary or requested, additional fees may be assessed as outlined in Section 13.2.6 below.

Under 50,000 sq. ft. - 5 site visits 50,001-100,000 sq. ft. - 10 site visits 100,001-200,000 sq. ft. - 5 additional site visits/each additional 100,000 sq. ft.

C) Division inspection fees do not include costs associated with inspections conducted by local fire departments or Delegated Building Inspectors. 13.2.3 The Director of the Division will review the fund balance periodically and may reduce or increase the amount of the fee, if necessary, pursuant to Sections 24-75-402(3) and 24- 75-402(4), C.R.S. 13.2.4 A fee calculator posted on the Division website enables the determination of total fees (plan review and construction permit fees) prior to submittal of a project.

A) Fees for Building Code reviews performed by the Division, including Portable/Modular Buildings, Re-Roofs, and Boiler/Chiller/Furnace/Air Handling Unit replacement or installation, will be subject to a base fee of $400.00 plus a fee equal to .0029 times the Total Project Valuation.

1. Annual Permit: $512.50 B) Fees for Fire Code reviews performed by the Division will be subject to a base fee of $400.00 plus a fee equal to .0029 times the Total Project Valuation.

C) Both Building and Fire Code Reviews performed by the Division:

1. Fees will equal the sum of both the Building review fees in Section 13.2.4.A above and the Fire review fees in Section 13.2.4.B above. 13.2.5 No less than half of the fees must be submitted prior to commencement of plan review, and the remaining fees must be submitted prior to permit issuance. Inspections shall not be performed until the remainder of the required fees have been paid. 13.2.6 Additional inspection fees: The Division may assess a $410 inspection fee for each inspection in excess of the number allocation by the categorization outlined in Section 13.2.2.B above. Additional inspections exceeding four (4) hours in length, including travel time, will be charged $110 for each additional hour or portion thereof. 13.2.7 Off-hours inspections: The Division may assess an additional off-hours inspection fee of $200 for inspections requested outside of normal business hours.

A) Normal inspection hours are Monday through Friday between 7:00 am and 5:00 pm.

B) Off-hours inspections are scheduled on an “as-available” basis. The Division is not obligated to provide inspections outside of normal operating hours if an inspector is not available. 13.2.8 The Division may assess a fee of $100 for the replacement of a lost inspection record card. 13.2.9 Work commenced before a permit is issued shall be subject to a fee in addition to the required permit fee. 13.3 Maintenance Inspection Fees: The following fees shall be charged for maintenance inspections performed by the Division: 0 - 150 Students = $153.75 151 - 300 Students = $307.50 301 - 450 Students = $461.25 451 or more Students = $615.00 13.3.1 Student counts for fees shall be based upon the current pupil membership data published at the time of the inspection by the Colorado Department of Education. 13.3.2 Fees are charged per address. Total student counts are considered for consolidated schools located at one address. 13.3.3 Failure to pay for Fire Code inspections performed shall result in a notice of violation and enforcement in accordance with Article 11 of these rules. 13.4 Fees may be waived or modified when appropriate at the discretion of the Director or their designee. Requests for waiver or modification shall be in writing.

ARTICLE 14 - Inquiries 14.1 Questions, clarification, or interpretation of these rules should be addressed in writing to: Fire & Life Safety Section Chief, Colorado Division of Fire Prevention and Control, 700 Kipling St., Suite 4100, Lakewood, CO 80215. Telephone number: (303) 239-4100. _________________________________________________________________________ Editor’s Notes

History New rule emer. rule eff. 07/20/2007.

Entire rule eff. 10/30/2007.

Entire rule emer. rule eff. 08/18/2008.

Entire rule eff. 10/30/2008.

Rule 10 eff. 01/30/2009.

Entire rule eff. 12/30/2009.

Rules 3.1.1-3.1.2 emer. rules eff. 08/13/2014.

Entire rule eff. 11/30/2014.

Article 13 eff. 03/02/2018.

Articles 2, 3, 9, 10-13 eff. 03/30/2019.

Rules 4.3.1, 6.1.1, 7.4.1, Articles 11-14 eff. 02/14/2020.

Rules 1.3.1-1.3.3, 2.1, 4.3.2, 4.4.4, 5.4, 6.1.1, 6.4.4, 6.4.7, 6.6, 6.6.1-6.6.2, 6.9.2.4, 9.1.1 D-E, 9.2.4, 13.2, 13.2.4-13.2.5, 13.2.7 eff. 08/14/2020.

Entire rule eff. 01/14/2025.

8 CCR 1507-31 Building, Fire, and Life Safety Code Enforcement and Certification of Inspectors for Health Facilities Licensed by the State of Colorado {#sec-8-ccr-1507-31 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-31}

DEPARTMENT OF PUBLIC SAFETY

BUILDING, FIRE, AND LIFE SAFETY CODE ENFORCEMENT AND CERTIFICATION OF

INSPECTORS FOR HEALTH FACILITIES LICENSED BY THE STATE OF COLORADO

8 CCR 1507-31 [Editor's Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ APPLICABILITY These rules and regulations apply to all licensed health facilities pursuant to the provisions of §24-33.5- 1201, C.R.S.

ARTICLE 1 – AUTHORITY TO ADOPT RULES AND REGULATIONS 1.1 The Director of the Division of Fire Prevention and Control is authorized by the provisions of

Section 24-33.5-1203.5, C.R.S., to promulgate rules in order to carry out the duties of the Division of Fire Prevention and Control. 1.2 Sections 24-33.5-1201, 24-33.5-1203, 24-33.5-1204.5 and 24-33.5-1206, C.R.S. establish the

authority and duty of the Division of Fire Prevention and Control to conduct or oversee the necessary plan reviews, issue building permits, and cause the necessary inspections to be performed as required by the C.R.S. Title 24 Article 33.5 Part 12. Where the Division is the

Authority Having Jurisdiction, it shall enforce and inspect to the adopted codes and standards for buildings and structures of health facilities licensed by the State of Colorado promulgated by the Division. Where the local building or fire department is the Authority Having Jurisdiction, that department will continue to enforce its adopted codes and standards. 1.3 Sections 24-33.5-1212.5 and 24-33.5-1213.5, C.R.S. establish the authority and duty of the Division of Fire Prevention and Control to promulgate rules to certify persons to conduct Building Code plan reviews and inspections on behalf of the Division for health facilities licensed by the State of Colorado. 1.4 Section 24-33.5-1211, C.R.S. establishes the authority and duty of the Division of Fire Prevention and Control to certify persons to conduct Fire and Life Safety Code plan reviews and inspections on behalf of the Division for health facilities licensed by the State of Colorado. 1.5 The Director of the Division of Fire Prevention and Control is authorized to establish fees and charges necessary to defray the anticipated costs of the program in these rules by the provisions of Section 24-33.5-1212.5, C.R.S.

ARTICLE 2 – DEFINITIONS 2.1 The definitions provided in Section 24-33.5-1202, C.R.S., apply to these rules. The following additional definitions also apply:

“Authority Having Jurisdiction (AHJ)” means the Division, Building Department, Fire Chief, Fire Marshal, and/or other designated official of a county, municipality, special authority, or special district that has code enforcement responsibilities and employs a building inspector or certified fire inspector.

“BHA” means the Behavioral Health Administration, which is a state licensing authority for health facilities.

“Building Department” means the Building Department (or a contracted third party acting on their behalf) of the Division, authority, county, town, city, or city and county.

“Building Permit” means an official document issued by the Authority Having Jurisdiction which authorizes the erection, alteration, demolition and/or moving of buildings and structures.

“Business Entity” means any organization or enterprise and includes, but is not limited to, a sole proprietor, an association, corporation, business trust, joint venture, limited liability company, limited liability partnership, partnership or syndicate. For the purposes of these rules the Business Entity may elect to be represented by a designated representative through a written delegation of

authority.

“CDPHE” means the Colorado Department of Public Health and Environment, which is a state licensing authority for health facilities.

“Certificate of Compliance” means an internal official document issued by the Division to the Colorado Department of Public Health and Environment (CDPHE) and/or the Behavioral Health Administration (BHA), stating that materials and products meet specified codes and standards, that work has been performed in compliance with approved construction documents, and that the provisions of applicable fire and life safety codes and standards continue to be appropriately maintained.

“Certificate of Occupancy” means an official document issued by the Authority Having Jurisdiction which authorizes a building or structure to be used or occupied for a specified

purpose.

“Certified Health Facility” means a Health Facility which has been certified (or is seeking certification) by the U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services, to participate in Federal funding of health care services under the provisions of the Federal Medicare and/or Medicaid programs.

“CMS” means the U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services.

“Core and Shell Permit” means an official document issued by the Authority Having Jurisdiction, which is limited to authorizing the construction of foundation, columns, floor slabs, roof structure, exterior walls, and exterior glazing for the building to be weather tight.

“Construction” means work that is not considered as maintenance or service and that requires a permit as prescribed in the adopted codes and standards of the Division.

“C.R.S.” means Colorado Revised Statutes.

“Delegated Building Inspector” means building inspectors that have been certified by the Division to perform delegated inspection services in accordance with Article 11.2 of these rules.

(Previously known as Third Party Inspectors.)

“Demolition Permit” means an official document issued by the Authority Having Jurisdiction which is limited to authorizing the demolition of all or part of a building or structure.

“Designated Representative” means a person designated by the Business Entity to act on their behalf through a written delegation of authority and is allowed to act in such manner as outlined in these rules.

“Director” means the Director of the Division of Fire Prevention and Control.

“Division” means the Division of Fire Prevention and Control in the Department of Public Safety.

“Executive Director” means the Executive Director of the Colorado Department of Public Safety.

“Fire Code Official” means the designated authority charged with the administration and enforcement of the Fire Code.

“Foundation” means work related to building footings, piers, foundation walls, slabs on grade, under slab and underground building services.

“Foundation Permit” means an official document issued by the Authority Having Jurisdiction which is limited to authorizing the construction of foundations.

“Health Facility” means a Health Facility as defined in Section 24-33.5-1202 (7.7), C.R.S.

“ICC” means the International Code Council.

“Individual” or “Person” means a person, including an owner, manager, officer, employee, or individual.

“Inspection, Testing, and Maintenance Program” means a program conducted by the building owner to satisfy the periodic inspection, testing, and maintenance requirements of fire protection and life safety systems as required by applicable codes and standards.

“Installation” means the initial placement of equipment or the extension, modification, or alteration of equipment after the initial placement.

“Life Safety Code Official” means the designated authority charged with the administration and enforcement of the Life Safety Code.

“Limited Scope Project” means a project with limited impact to fire and life safety features of a facility as defined by Division policy.

“Maintenance” means to sustain in a condition of repair that will allow performance as originally designed or intended. Maintenance does not include replacement of elements of a system which alter the performance criteria of the system as approved by the Authority Having Jurisdiction.

“Maintenance and Complaint Inspections” means periodic inspections or inspections conducted based on an allegation of nonconformance conducted by the local fire department or the Division to verify conformance with the adopted codes, rules, and standards. Such inspections are not to be considered to relieve the building owner of the responsibility to conduct an inspection, testing, and maintenance program for fire protection and life safety systems as required by the adopted codes, rules, and standards.

“NICET” means the National Institute for Certification in Engineering Technologies.

“NFPA” means the National Fire Protection Association.

“Qualified Inspector” means an inspector who has been certified by an approved national or state certifying body to conduct Building, Fire, and/or Life Safety Code inspections at the appropriate level for the task being performed.

“Qualified Fire Department” means a fire department that has Certified Fire Inspector at the appropriate level for the fire prevention-related task being performed and provides fire protection service for the Business Entity's buildings and structures.

“Service (Or Repair)” means to repair in order to return the system to operation as originally designed or intended.

“Special Inspector” means a qualified person employed or retained by an approved agency and approved by the AHJ as having the competence necessary to inspect a particular type of construction requiring special inspection.

“Temporary Certificate of Occupancy” means an official document issued by the Authority Having Jurisdiction which authorizes a building or structure to be temporarily used or occupied for a period not to exceed ninety (90) days, unless an extension has been granted by the Authority Having Jurisdiction.

“Temporary Construction Trailer/Office” means a temporary modular building, owned and operated by the contractor that is less than 1,000 square feet and only placed for the duration of the project. Trailers meeting this definition (except where medical services are provided) are exempt from this rule. Trailers not meeting this definition will be considered as a modular building and permitted as such.

“Total Project Valuation” means the construction cost of the project including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing, equipment, and permanent systems. Such valuation will be calculated using one of the following two methods:

a) For additions to, or new construction of, previously unlicensed Health Facility space, construction cost is calculated based on a per square foot cost using the International Code Council's Building Valuation Data Square Foot Construction Cost Table published February 2023 (Copyright 2023 by the International Code Council, Inc. Washington D.C.). No later amendments to or editions to the Cost Table are included. The Division will maintain an electronic copy of this document, which is available for public inspection during regular business hours.

Interested parties may inspect the referenced incorporated document and/or obtain certified copies of the document for a reasonable fee by contacting the Fire and Life Safety Section Chief at the Division, 1697 Cole Blvd., Lakewood, CO 80401 and/or the State Depository Libraries. A copy of the document is available directly from the organization originally issuing the document: The International Code Council Regional Office Bookstores, reached by calling 888- ICC-SAFE (888-423-7233) or by the ICC website.

b) For all other projects, construction cost is equal to the cost of the project as demonstrated by detailed estimates provided by the Business Entity.

ARTICLE 3 – CODES, DOCUMENTS, AND STANDARDS INCORPORATED BY REFERENCE 3.1 The technical requirements of these rules are supported primarily by codes developed by the International Code Council and the National Fire Protection Association. These two organizations are membership associations dedicated to building safety and fire prevention. These rules establish minimum requirements where the Division is the Authority Having Jurisdiction for building systems using prescriptive and performance related provisions, which are widely used to construct residential and commercial buildings. The appropriate portions of the adopted codes will be applied as prescribed by the adopted codes themselves. Where there are differing provisions for new and existing construction, all work taking place after April 1, 2019, must meet the requirements for new construction and as amended per provisions of IEBC and NFPA 101. 3.2 The following codes and their referenced standards are adopted and promulgated as minimum standards for the construction and maintenance of all property, buildings, and structures containing a Health Facility in the State of Colorado where the Division is the Authority Having Jurisdiction: 3.2.1 Adopted codes pertinent to this rule shall be as prescribed in 8 CCR 1507-101 BUILDING AND FIRE CODE ADOPTION AND CERTIFICATION OF INSPECTORS FOR FIRE & LIFE SAFETY PROGRAMS ADMINISTERED BY THE STATE OF COLORADO. 3.2.1.1 For the purposes of these rules, the Division shall enforce the Building Codes as defined in 8 CCR 1507-101 § 3.2.1. 3.2.1.2 For the purposes of these rules, the Division shall enforce the Fire Codes as defined in 8 CCR 1507-101 § 3.2.2. 3.2.1.3 For the purposes of these rules, the Division shall enforce the Life Safety and Health Facility Construction Codes and Guidelines as defined in 8 CCR 1507- 101 § 3.2.3. 3.3 In any facility where the evacuation capability of the facility or resident population is required to be rated, the “Procedure for Determining Evacuation Capability” published by NFPA is to be used by the facility whether the facility is evaluated utilizing the NFPA 101A, Guide on Alternative Approaches to Life Safety (2013), or NFPA Standard 101, Life Safety Code (2012). The Level of Evacuation Difficulty for each facility will be determined by the scores developed in the Worksheet for Rating Residents completed by responsible staff for each resident and the level of staffing maintained at the facility. It is the responsibility of the owner or administrator to ensure that the abilities of the residents are accurately rated in accordance with the published instructions. Each new resident shall be rated utilizing the Worksheet for Rating Residents within two (2) weeks of their admission to the facility. All resident rating scores shall be reviewed at least annually, or when there are significant changes in a resident's physical or cognitive abilities. Failure to rate the evacuation capability in accordance with these provisions upon two inspections will result in a permanent “impractical” rating for the facility. 3.4 Certificates of Occupancy and Certificates of Compliance issued after the adoption of codes by the Division for space not currently licensed by CDPHE or the BHA will be based on compliance with the requirements for new construction within the applicable codes.

ARTICLE 4 – AUTHORITY OF LOCAL BUILDING DEPARTMENTS 4.1 Where the Health Facility is located in a jurisdiction with a local Building Department, the authority to conduct the necessary plan reviews, issue building permits, conduct inspections, issue Certificates of Occupancy, issue Temporary Certificates of Occupancy, and take enforcement action to ensure that a building or structure has been constructed in conformity with the locally adopted codes remains the responsibility of the local Building Department. Under these circumstances, the Division will accept a completed Building Permit and associated Certificate of Occupancy from the local Building Department as demonstration of compliance with the locally adopted building codes. 4.2 Where the Health Facility is located in a jurisdiction with no local Building Department, the

authority to conduct the necessary plan reviews, issue building permits, conduct inspections, issue Certificates of Occupancy, issue Temporary Certificates of Occupancy, and take enforcement action to ensure that a building or structure has been constructed in conformity with these rules is the responsibility of the Division. Under these circumstances, the Division will issue the applicable Building Permits and associated Certificates of Occupancy as demonstration of compliance with the Division's adopted building codes. The determination of when a building permit is required shall be based upon the requirements outlined in the International Building Code. Substantial changes to the scope of the project (including addition of square footage to the project scope) will require a submittal of a new application for a permit. 4.3 If inspections are not completed and a building or structure requires immediate occupancy, and if the health facility has passed the appropriate inspections that indicate there are no life safety issues, the division may issue a temporary certificate of occupancy. The temporary certificate of occupancy expires ninety (90) days after the date of occupancy. If no renewal of the temporary certificate of occupancy is issued or a permanent certificate of occupancy is not issued, the building or structure shall be vacated upon expiration of the temporary certificate. Issuance of a temporary certificate of occupancy shall not be construed as approval for a Certificate of Compliance as defined in Article 2 of these rules.

ARTICLE 5 – AUTHORITY OF LOCAL FIRE DEPARTMENTS 5.1 Where the Health Facility is located in a jurisdiction with a Qualified Fire Department, the Qualified Fire Department shall be the Fire Code Official. Under these circumstances, the local fire department is responsible for conducting the necessary construction plan reviews and inspections and will enforce the locally adopted Fire Codes. 5.2 If the Qualified Fire Department declines to perform the plan review or any subsequent inspection, or if a Certified Fire Inspector at the appropriate level for the work being conducted is not available, the Division will be considered the Fire Code Official. Under these circumstances, the Division will perform the construction plan reviews and inspections required by the Division's adopted Fire Codes and will enforce the Division's adopted Fire Codes. The determination of when a fire permit is required will be based upon the requirements for permitting within the International Building Code and the International Fire Code. Substantial changes to the scope of the project (including addition of square footage to the project scope) will require a submittal of a new application for permit. 5.3 Where the Health Facility is located in a jurisdiction without a Qualified Fire Department, the Division shall be the Fire Code Official. As the Fire Code Official, the Division will enforce the Division's adopted Fire Code and will perform the construction plan reviews and inspections required by the Division's adopted Fire Code. The determination of when a fire permit is required will be based upon the requirements for permitting within the International Building Code and the International Fire Code. Substantial changes to the scope of the project (including addition of square footage to the project scope) will require a submittal of a new application for permit.

ARTICLE 6 – AUTHORITY OF THE LIFE SAFETY CODE OFFICIAL 6.1 For Certified Health Facilities or for facilities that could potentially become Certified Health Facilities, the Division shall be the Life Safety Code Official. As the Life Safety Code Official, the Division will enforce the Division's adopted Life Safety Code and will perform the construction plan reviews and inspections required by the Division's adopted Life Safety Code. The determination of when a Life Safety Permit is required will be based on the requirements for permitting within the International Building Code and the International Fire Code. Substantial changes to the scope of the project (including the addition of square footage to the project scope) will require a submittal of a new application for a permit.

ARTICLE 7 – PERMIT APPLICATION SUBMITTAL TO THE DIVISION 7.1 Notification of Submittal to a Local Building Department 7.1.1 For projects that require a permit that will be reviewed and inspected by a local Building Department, the Business Entity shall notify the Division and the State licensing authority prior to beginning construction. Notifications must include:

A) Name of project;

B) Location of project;

C) Scope of work of project;

D) Projected total cost of project;

E) Projected square footage of project;

E) Planned construction start and end dates;

F) Identification of Fire Code Official (Name of the Qualified Fire Department or the Division);

G) Identification of Building Code Official (Name of the Building Code Official or the Division);

H) A description of the proposed health services to be provided and the type of licensure being sought through the state licensing authority; and I) A copy of the Life Safety Code plan sheets submitted in the format as prescribed by the Division. 7.2 Permit Application Submittal to the Division 7.2.1 For all construction (including adding previously unlicensed space to a Health Facility license) not covered under a Limited Scope Project as defined by this Article 7.2.1, the Business Entity shall submit a complete plan review application package to the Division for Life Safety Code compliance review.

Exception: The addition of previously unlicensed space that is not a change of occupancy and that meets the definition of “Business Occupancy” per the adopted edition of NFPA 101, Life Safety Code with forty-nine (49) or fewer occupants in an existing building under three (3) stories in height, or three (3) or more stories in height if Section 38.3.4 of the Life Safety Code is met, shall not require a plan review or a permit from the Division. An inspection will still need to occur after the initial certificate of compliance is issued. The inspection will occur within a three-to-five-year span, as appropriate for the facility licensure type. 7.2.2 If the Division is the Building Code Official, the Business Entity shall also submit a complete plan review application package to the Division for Building Code compliance review. 7.2.3 If the Division is the Fire Code Official, the Business Entity shall also submit a complete plan review application package to the Division for Fire Code compliance review. 7.2.4 The plan review application package must be submitted to the Division in the format defined by Division policy. 7.2.5 The permit application package shall concurrently be submitted to the Division and to all applicable AHJs. 7.2.6 Permit issuance is contingent upon the review and approval of the submittal by the applicable Building, Life Safety, and/or Fire Code Officials. The Business Entity is required to contact all applicable AHJs to determine the required submittal items not listed in this rule. 7.3 Plan Review and Permitting by the Division 7.3.1 The Division will notify the Business Entity if the permit application is incomplete. 7.3.2 The Building Code plan review will be completed by a qualified building plans examiner within the Division or by a qualified third-party reviewer contracted by the Division. 7.3.3 The Fire Code plan reviews will be completed by an individual qualified as a Fire Inspector III – Plans Examiner within the Division, qualified third-party reviewer contracted by the Division, or by the Qualified Fire Department. 7.3.4 The Life Safety Code plan reviews will be completed by an individual qualified as a Fire Inspector III – Plans Examiner and CMS Qualified Life Safety Code Inspector within the Division. 7.3.5 Upon completion of the code review, the Division will provide the Business Entity with a comprehensive list of corrections to be addressed prior to the issuance of a permit. This list of corrections should not be considered all-inclusive and may not be considered as approval of any condition in violation of applicable code.

Once code compliance is achieved, the Division will issue the permit. 7.4 Phased Construction 7.4.1 Upon request by the Business Entity, the Division may issue individual permits for demolition, construction of foundations, and construction of core and shell, or for individual phases of an overall project provided that construction documents for that portion of the building or structure being permitted have been submitted per Article 7.3 of these rules. The holder of such permit for demolition or the construction of foundations or vertical construction may then proceed at the holder's own risk with building operation and without assurance that a permit for the entire structure will be granted. Issuance of this permit should not be considered all-inclusive and may not be considered as approval of any condition in violation of applicable codes. 7.5 Deferred Submittals 7.5.1 Deferral of any submittal items shall have the approval of the Division. The registered design professional shall list the deferred submittals on the construction documents for review by the Division. 7.5.2 Documents for deferred submittal shall be submitted to the registered design professional in charge, who shall review them and forward them to the Division with a notation indicating that the deferred submittal documents have been reviewed and found to be in general conformance with the building's design. The deferred submittal items shall not be installed until the deferred submittal documents have been approved by the Division. 7.5.3 Deferred design/build (shop drawing) submittals for fire protection and life safety systems are required to be approved by the Division. Construction documents must provide sufficient information to show compliance with Fire and Life Safety Code requirements and coordination between fire systems and other building systems (i.e., HVAC systems, security systems). 7.5.4 Deferred design/build (shop drawing) submittals for fire protection and life safety systems shall be submitted to the Fire and Life Safety Code Official(s) for review and approval prior to beginning installation of the system.

A) Fire sprinkler and fire alarm shop drawings shall be submitted to the Fire and Life Safety Code Officials in accordance with the requirements of the adopted codes in the format as prescribed by the Division and the local fire department.

B) Shop (installation) drawings for other systems regulated by the Fire and Life Safety Codes shall be submitted to the Division in accordance with the appropriate referenced standard for the system. 7.5.5 Minimum Qualifications for Fire Protection and Life Safety System Design and Installation A) Fire Suppression Systems Any installation, modification, alteration, or repair of a fire suppression system shall be in accordance with 8 CCR 1507-11 FIRE SUPPRESSION PROGRAM.

B) Fire Alarm Systems (1) The design of any new system or alteration of an existing fire alarm system using the prescriptive requirements of NFPA 72 shall be performed by a person who is currently a professional engineer or qualified by NICET at a level III or level IV in fire protection engineering technologies - fire alarm systems, or another nationally recognized organization approved by the Division.

(2) The design of any new system or alteration of an existing fire alarm system using performance-based design methods as described by NFPA 72 or alternative materials and methods as described by the adopted Fire Code shall be performed by a person who is currently a professional engineer specializing in fire protection.

(3) The installation of a fire alarm system shall be performed by or supervised by a person who is currently qualified at a minimum of NICET level II in fire protection engineering technologies – fire alarm systems, or another nationally recognized organization approved by the Division.

C) Other Fire and Life Safety Protection Systems Regulated by the Building, Fire, or Life Safety Codes (1) The design and installation shall be performed by a company or individual with manufacturer- or factory-approved training for the specific system, or as otherwise required by the applicable code section or referenced standard. 7.6 Limited Scope Projects 7.6.1 In lieu of an individual Building, Fire, or Life Safety Code permit for each limited scope project, the Division may defer review and inspection of the Limited Scope Project and associated records until the Division’s next on-site maintenance and compliance inspection. 7.6.2 The Business Entity shall notify all applicable AHJs prior to the commencement of any work related to a Limited Scope Project. 7.6.3 Limited Scope Projects are restricted to those projects identified by the Division. 7.6.4 The Business Entity responsible for initiating a Limited Scope Project shall keep a detailed record, including stamped engineered drawings (if applicable) and the Division’s Fillable Log, of all modifications made under such a Project. 7.6.5 All work completed under the Limited Scope Project shall follow the Division’s adopted codes and standards. Evidence of code compliance shall be made available to the Division at any time. 7.6.6 All Limited Scope Project work shall be inspected for code compliance by the Building Code and Fire Code Officials., and such inspections shall be recorded on the Division’s Fillable Log. The Division may perform interim inspections at any time and must always have access to all inspection logs. 7.6.7 If the inspection logs associated with the Limited Scope Project demonstrate compliance with the Limited Scope Project requirements, the Division may issue a Certificate of Compliance for the projects. 7.6.8 If the inspection logs associated with the Limited Scope Project demonstrate noncompliance with the Limited Scope Project requirements, the Division will issue a correction notice and may revoke and withhold issuing a Certificate of Compliance to the Business Entity until all corrections have been satisfied and may, based on the extent of noncompliance and at the Division’s discretion, elect to not issue a renewal of the Certificate of Compliance.

ARTICLE 8 – CONSTRUCTION INSPECTIONS 8.1 Building Code Inspections Conducted by the Division 8.1.1 Construction or work for which a permit is required is subject to inspection by the Division or a Delegated Building Inspector hired by the Business Entity. Such construction or work shall remain accessible and exposed for inspection purposes until approved. Neither the Division nor a Delegated Building Inspector contracted by the Business Entity is liable for expenses incurred in the removal or replacement of any material required to allow inspection. 8.1.2 The Division may contract with Delegated Building Inspectors who are qualified in accordance with Article 11 of these rules to perform inspections. A Health Facility may hire and compensate Delegated Building Inspectors under contract with the Division or hire and compensate other Delegated Building Inspectors who are qualified in accordance with Article 11 of these rules to perform inspections.

A) Prior to commencement of construction on projects requiring third-party inspections, the Business Entity shall obtain approval from the Division of the designated Delegated Building Inspector for the permitted project. The request for approval shall be made in writing using a form provided by the Division. The Division may request a preconstruction meeting with the Business Entity, the contractor hired to perform the work, and the Delegated Building Inspector.

B) Delegated Building Inspectors shall include their printed name and state certification number in the appropriate location on the inspection report or card.

C) The Division will require a sufficient number of inspection reports to be submitted by the Delegated Building Inspector based upon the scope and cost of the project to ensure quality inspections are performed. Concurrent with the permit approval, the Division will issue an Inspection Card specifying the applicable required inspections as set forth in Chapter 1 of the Building Code or as determined by the Division. The inspection card shall be on site throughout the duration of the project.

D) If the Division finds that inspections are not completed satisfactorily, or that all violations are not corrected, the Division will take enforcement action against the appropriate Business Entity pursuant to Article 12 of these rules. In such case, the Division may also require that all inspections for the next project undertaken by the Business Entity be conducted by the Division's inspectors. 8.1.3 For permits issued by the Division, the final inspection will be conducted only by the Division after all work required by the building permit is completed. Mid-construction inspections may be performed to observe progress and verify compliance with third-party inspection requirements as deemed necessary by the Division. 8.2 Fire and Life Safety Code Inspections 8.2.1 Project sites shall be inspected by the Fire and Life Safety Code Officials to verify compliance with the Fire and Life Safety Codes and approved construction documents.

Construction inspections shall be conducted by a person certified as Fire Inspector II or Fire Inspector III – Plans Examiner. Delegated Building inspection provisions do not apply to the required Fire and Life Safety Code inspections. Either the Division or the Qualified Fire Department shall perform fire inspections. 8.2.2 Results of all inspections shall be documented on the job site inspection card and in the official records of the inspecting entity, and shall include type of inspection, date of inspection, identification of the responsible individual doing the inspection, and comments regarding approval or disapproval of the inspection. Inspection records shall be retained by the inspecting entity for three (3) years after the Certificate of Compliance or Certificate of Occupancy is issued. 8.2.3 Certified Fire Inspectors shall include their printed name and state fire inspector certification number in the appropriate locations on the inspection report or card. 8.3 Inspection Request Notification to the Division 8.3.1 The Division shall be provided with notification in writing no later than noon on the Thursday of the week preceding the requested inspection. The Division will make reasonable efforts to provide the inspection on the requested day or time, provided an inspector is available. If the inspection schedule is full, an alternate day and time will be proposed for the inspection to be completed within the next thirty (30) days, unless otherwise negotiated. 8.3.2 It is the duty of the permit holder to provide access to and means for inspections of such work that are required by the inspector. 8.3.3 Work will not be done beyond the point indicated in each successive inspection without first obtaining approval from the appropriate inspection entity. The inspector, upon notification, will perform the requested inspections. 8.4 Stop Work Orders Issued by the Division 8.4.1 If the Division finds any work regulated by these rules being performed in a manner either contrary to the provisions of these rules or dangerous or unsafe, the Division is authorized to issue a stop work order. 8.4.2 The stop work order will be in writing and will be given to the Business Entity, the Designated Representative, or the person doing the work. Upon issuance of a stop work order, the cited work must immediately cease. The stop work order will state the reason for the order and the conditions under which the cited work will be permitted to resume. 8.4.3 Any person who continues any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, will be subject to penalties as prescribed by these rules.

ARTICLE 9 – CERTIFICATE OF OCCUPANCY AND CERTIFICATE OF COMPLIANCE 9.1 The Business Entity shall not occupy or use a Health Facility or portion thereof for the provision of services until a completed and closed Permit, Certificate of Compliance, Certificate of Occupancy or a Temporary Certificate of Occupancy has been issued by Division and/or the local building department. 9.2 The Division or the local building department may issue a Temporary Certificate of Occupancy if a Health Facility requires immediate occupancy and if the Business Entity has passed the appropriate inspections, including fire inspections, that indicate there are no life safety issues. If no renewal of the Temporary Certificate of Occupancy is issued or a permanent Certificate of Occupancy is not issued, the building shall be vacated upon expiration of the Temporary Certificate of Occupancy. 9.3 A Health Facility shall not provide health services without a valid Certificate of Compliance that has been issued by the Division for that portion of the Health Facility. If no renewal of the Certificate of Compliance is issued, the building shall be vacated upon expiration of the Certificate of Compliance. 9.4 Certificates of Occupancy and Certificates of Compliance will be issued based on the codes in effect during the most recent inspection of the facility. No Certificate of Compliance will be issued until compliance with the applicable codes and standards has been demonstrated through record review of local Authority Having Jurisdiction documents of inspection and certification, Division inspection and certification, or other appropriate documentation, showing the building to be in conformance with applicable codes and standards applicable at the time of issuance. The Business Entity is required to submit these documents to the local Authority Having Jurisdiction.

ARTICLE 10 – MAINTENANCE AND COMPLAINT INSPECTIONS AND INSPECTION, TESTING AND

MAINTENANCE PROGRAMS. 10.1 Maintenance and Complaint Inspections 10.1.1 The Division may perform inspections of the buildings and structures when deemed necessary to ensure that they are maintained in accordance with the appropriate chapters of the adopted Fire and Life Safety Codes. If the Health Facility is not certified, is not seeking certification, or cannot potentially seek certification to participate in Medicare or Medicaid funding, the Local Qualified Fire Department providing fire protection service will conduct these maintenance inspections.

A) If the Local Qualified Fire Department is unable or unwilling to perform maintenance or complaint inspections, the Division has the authority and duty to perform them.

B) If the Local Qualified Fire Department does not have an inspector qualified as a Fire Inspector I or above, the Division will perform regular maintenance inspections for the Business Entity to ensure compliance with this rule and the applicable statutes. In this instance the Division inspector will attempt to contact the local Fire Authority to ascertain any concerns the local fire authority might have related to the Health Facility. 10.1.2 Where a local Qualified Fire Department is performing maintenance and complaint inspections, the Business Entity is required to notify the Division that such inspections are being performed. The Business Entity shall provide a copy of the local Qualified Fire Department's inspection report and documentation that all identified deficiencies have been corrected within thirty (30) days of the inspection and subsequent re-inspections until compliance is demonstrated. If such documentation is not provided, the Division will assume that the inspections have not been performed and will have the duty to perform them. 10.1.3 Nothing in this Article prohibits the local fire department providing fire protection services from conducting routine assessments of buildings and structures or from correcting violations that pose an immediate threat to life safety. Additionally, nothing in this Article prohibits the local fire department from seeking enforcement under defined local procedures and rules. 10.1.4 A local Qualified Fire Department providing fire protection service for buildings and structures of a Health Facility that chooses to perform Fire and Life Safety Code inspections may refer notices of deficiencies to the Division for evaluation and enforcement. Notices of deficiencies and requests for evaluation and enforcement shall be submitted in writing to the Division as described in Article 12 of these rules. 10.2 Inspection, Testing and Maintenance Programs 10.2.1 The Business Entity shall ensure that building systems are inspected, tested, and maintained as required by the adopted codes and referenced standards. 10.2.2 Personnel employed by a Business Entity performing inspection, testing, and maintenance programs are not required to be Certified Fire Inspectors, but must be qualified to perform the actions as required by the standards or listings of the devices or systems.

Exception: Work conducted on system components that would require permits, licensing, or certifications under any adopted codes, laws, or rules shall be conducted in accordance with those requirements. 10.2.3 Inspection, Testing, and Maintenance Records shall be retained for at least three (3) years. Records must indicate the procedure or inspection performed, the organization that performed the procedure or inspection, the results, and the date. The Business Entity shall provide these records for review by the local Qualified Fire Department or to the Division upon request. 10.2.4 The Business Entity shall report, or cause to be reported in the manner and method required by the Division, all fires that occur within any Health Facility subject to regulation by the Division in the State of Colorado. This requirement shall be met anytime a fire occurs that causes any one (1) of the following conditions:

A) Activates one of the fire and life safety systems installed in the building or structure (e.g. – fire alarm system, fire suppression system, etc.);

B) Causes a response from the Fire Department;

C) Causes the evacuation of any occupants located in the building or structure; or D) Results in the deployment and use of a fire extinguisher. 10.3 Mandatory Reporting 10.3.1 Reporting to the Division shall be submitted to the Division in the format defined by Division policy. 10.3.2 Fire Watch A) The Business Entity shall notify the Fire and Life Safety Code Officials whenever a fire watch is initiated or completed.

B) Fire Watch shall follow the Fire Code Official's Codes, Standards, policies, and procedures.

C) Fire Watch shall follow the Life Safety Code Official's Codes, Standards, policies, and procedures. 10.3.3 Building Evacuation and Relocation A) The Business Entity shall notify the Building, Fire, and Life Safety Code Officials as soon as practicable whenever a building is evacuated and the occupants have been relocated. Notification shall include the details of where the occupants have been relocated to. 10.3.4 Natural and Manmade Disaster A) The Business Entity shall notify the Building, Fire, and Life Safety Code Officials as soon as practicable whenever a building has been affected by natural and/or manmade disasters, to include any fire that occurs on the property of the Business Entity as described in Article 10.2.4 of these rules.

ARTICLE 11 – BUILDING CODE AND FIRE CODE INSPECTOR QUALIFICATION 11.1 Building Code, Fire Code, and Special Inspectors shall be certified in accordance with the provisions of 8 CCR 1507-101 BUILDING AND FIRE CODE ADOPTION AND CERTIFICATION OF INSPECTORS FOR FIRE & LIFE SAFETY PROGRAMS ADMINISTERED BY THE STATE OF COLORADO. 11.2 Duties of Delegated Building Inspectors 11.2.1 Delegated Building Inspectors contracted by the Business Entity shall conduct the required inspections and require corrections or modifications as necessary to ensure that a building or structure is constructed in conformity with the Building Code adopted by the Division. 11.2.2 Delegated Building Inspectors contracted by the Business Entity shall enforce only the codes adopted by the Division. 11.2.3 The Business Entity shall only use inspectors that are qualified by the Division to work on Health Facility projects. 11.2.4 Delegated Building Inspectors contracted by the Business Entity shall send copies of their inspection reports to the Division. 11.2.5 If all inspections are not completed and a building requires immediate occupancy, and if the Business Entity has passed the appropriate inspections that indicate there are no life safety issues, the Delegated Building Inspectors contracted by the Business Entity shall notify the Division of the same. Upon this notice, the Division may issue a Temporary Certificate of Occupancy to allow the Business Entity to occupy the buildings and structures. 11.2.6 Applicants for Delegated Building Inspection Certification must complete the process as defined by the Division. 11.3 Duties of Special Inspectors 11.3.1 The Building, Fire, and/or Life Safety Code Official may grant an allowance to special inspectors to perform allowable inspections. 11.3.2 Special Inspectors may conduct the required special inspections and require corrections or modifications as necessary to ensure that a building or structure is constructed in conformity with the code and standards adopted by the AHJ. 11.3.3 As deemed necessary, AHJs have the authority to require additional special inspections. 11.3.4 Where the Division is the AHJ, the applicable provisions of the Division’s Adopted Codes and Standards shall be applied and enforced. 11.3.5 Where Special Inspections are not specifically identified the Division’s Adopted Codes and Standards, special inspections shall be performed as required by the Statement of Special Inspections received from the Registered Design Professional in responsible charge or the Registered Engineer of Record. 11.3.6 Where the Division is the AHJ, The Business Entity shall only use Special Inspectors that are certified by the Division to perform required special inspections on public school construction projects. 11.3.7 Special Inspectors contracted by the Business Entity shall cause copies of their inspection report to be provided to the Division. 11.4 Duties of Certified Fire Inspectors 11.4.1 Where there is a local Qualified Fire Department, local Qualified Fire Inspectors shall conduct the required plan reviews and inspections and require corrections or modifications as necessary to ensure that a building or structure is constructed in conformity with the locally adopted Fire Codes. 11.4.2 Where there is not a Qualified Fire Department, Division Fire Inspectors shall conduct the required plan reviews and inspections and require corrections or modifications as necessary to ensure that a building or structure is constructed in conformity with the Division's adopted Fire and Life Safety Codes. 11.4.3 If all inspections are not completed and a building requires immediate occupancy, and if the Business Entity has passed the appropriate inspections that indicate there are no life safety issues, the Fire Inspector may recommend to the Division or the local Building Department that a Temporary Certificate of Occupancy be issued to allow the Business Entity to occupy the buildings and structures. 11.4.4 The Business Entity shall maintain records of all plan reviews and inspections for a period of no less than five (5) years. Said records shall be made available for review by the Division upon request.

ARTICLE 12 – ENFORCEMENT 12.1 The Director and Executive Director will enforce the requirements of the codes adopted in Article 3 of these rules when the Division is considered the Authority Having Jurisdiction, in accordance with the provisions of Section 24-33.5-1213, C.R.S. 12.1.1 The Director may issue a notice of violation to a person who is believed to have violated the codes as determined by an inspection pursuant to Section 22-32-124(2), 23-71- 122(1)(v), 24-33.5-1212.5, or 24-33.5-1213.3, C.R.S. The notice shall be delivered to the alleged violator by certified mail, return receipt requested, or by any means that verifies receipt as reliably as certified mail, return receipt requested. 12.1.2 The notice of violation shall allege the facts that constitute a violation 12.1.3 The notice of violation may require the alleged violator to correct the alleged violation. 12.1.4 Within ten (10) working days after delivery of the notice of violation, the alleged violator may request in writing an informal conference with the Director concerning the notice of violation. If the alleged violator fails to request the conference within ten (10) days, the notice of violation is final and not subject to further review by the Director, and any requirement to correct the alleged violation pursuant to this Article 12.1.4 becomes a binding enforcement order. 12.1.5 Upon receipt of a request for an informal conference, the Director shall set a reasonable time and place for the conference and shall notify the alleged violator of the time and place of the conference. At the conference, the alleged violator may present evidence and arguments concerning the allegations in the notice of violation. 12.1.6 Within twenty (20) working days after the informal conference, the Director shall uphold, modify, or strike the allegations within the notice of violation and may issue an enforcement order. The decision and, if applicable, enforcement order shall be delivered to the alleged violator by certified mail, return receipt requested, or by any means that verifies receipt as reliably as certified mail, return receipt requested. 12.2 A person who is the subject of, and is adversely affected by, a notice of violation or enforcement order issued pursuant to Article 12 of these rules may appeal such action to the Executive Director. The Executive Director shall hold a hearing to review such notice or order and take final action in accordance with Article 12 and may either conduct the hearing personally or appoint an administrative law judge from the department of personnel. 12.2.1 Final agency action shall be subject to judicial review pursuant to C.R.S. Article 4 of Title 24. 12.2.2 An alleged violator who is required to correct an action pursuant to Article 12 of these rules shall be afforded the procedures set forth in Section 24-4-104(3), C.R.S. to the extent applicable. 12.3 An enforcement order issued pursuant to this Article may impose a civil penalty, depending on the severity of the alleged violation, not to exceed five hundred dollars ($500) per violation for each day of violation; except that the Director may impose a civil penalty not to exceed one thousand dollars ($1000) per violation for each day of violation that results in, or may reasonably be expected to result in, serious bodily injury. 12.4 The Director may file suit in district court in the judicial district in which a violation is alleged to have occurred to judicially enforce an enforcement order issued pursuant to this Article. 12.5 In addition to the remedies provided in this Article, the Director is authorized to apply to the district court, in the judicial district where the violation has occurred, for a temporary or permanent injunction to restrain any person from violation any provision of Section 22-32-124(2) or 23-71- 122(1)(v), C.R.S., or Section 24-33.5-1212.3 or 24-33.5-1213.5, C.R.S. regardless of whether there is an adequate remedy at law. 12.6 It is not the intent of this Article to remove, limit, or modify enforcement authority of the fire department providing fire protection service for buildings or structures of a Business Entity.

ARTICLE 13 – CODE INTERPRETATION APPEALS 13.1 A Business Entity that is the subject of, and is adversely affected by, a code decision or interpretation made by a Division inspector or Delegated Building Inspector that conducts a plan review or inspection pursuant to these rules, may appeal such decision or interpretation to the Board of Appeals formed by Section 24-33.5-1212.5, C.R.S. 13.1.1 The affected Business Entity will first contest the preliminary code interpretation to the Division. After consideration, the Division will issue its final code determination on the matter. 13.1.2 If the Business Entity still disagrees, it may appeal to the Board of Appeals. The appeal shall be filed within thirty (30) days after the date of the final written decision by the Division. Upon receipt of an appeal, the Division will notify the Chair of the Board of Appeals and schedule a hearing no more than fifteen (15) days after the date the appeal was filed. 13.1.3 An application for appeal must be based on a claim that the true intent of this code or the standards legally adopted therein have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The Board of Appeals may not waive any requirements of the codes or standards; however, the Board of Appeals may recommend alternative materials or methods as provided in the codes or standards. The final written decision of the Board of Appeals is final agency action for purposes of Section 24-4-106, C.R.S.

ARTICLE 14 – FEES AND CHARGES 14.1 Inspector Certification Fees 14.1.1 The Division shall charge the fees for inspector certifications as specified in Article 6.1 of 8 CCR 1507-101 BUILDING AND FIRE CODE ADOPTION AND CERTIFICATION OF INSPECTORS FOR FIRE & LIFE SAFETY PROGRAMS ADMINISTERED BY THE STATE OF COLORADO. 14.2 Plan Review, Construction Permit, and Inspection Fees 14.2.1 The Division will charge fees to cover the actual, reasonable, and necessary expenses of the Division. 14.2.2 The plan review, construction permit, and inspection fees are calculated based on the Total Project Valuation.

A) The building inspection component of this fee in this Article 14.2.2 (A) includes an allocation of site visits to complete the necessary inspections in accordance with the table below. In the event that additional inspections by the Division are necessary or requested, additional fees may be assessed as outlined in Articles 14.2.6 and 14.2.7 of these rules.

B) The Fire and Life Safety inspection component of this fee in this Article 14.2.2(B) includes an allocation of site visits to complete the necessary inspections in accordance with the table below. In the event that additional inspections by the Division are necessary or requested, additional fees may be assessed as outlined in Articles 14.2.6 and 14.2.7 of these rules.

New Construction Under 50,000 sq. ft. 10 site visits 50,001-100,000 sq. ft. 15 site visits 100,001-200,000 sq. ft. 25 site visits Over 200,000 sq. ft. 5 site visits/each additional 100,000 sq. ft.

Remodels/Renovations/Single System Submittal Under 50,000 sq. ft. 5 site visits 50,001-100,000 sq. ft. 10 site visits Over 100,000 sq. ft 5 site visits/each additional 100,000 sq. ft.

C) Division inspection fees do not include costs associated with inspections conducted by local Authorities Having Jurisdiction or Delegated Building Inspectors.

D) If the submitted Total Project Valuation appears to be below market value for the project, the Division reserves the right to request documentation from the Business Entity to verify the Total Project Valuation. The Business Entity has the right to mark documents submitted to verify the Total Project Valuation as proprietary information. 14.2.3 The Division will review the fund balance periodically and may reduce or increase the amount of the fee, if necessary, pursuant to Sections 24-75-402 (3) and 24-75-402 (4), C.R.S. 14.2.4 A fee calculator posted on the Division website enables determination of total fees (plan review and construction permit fees) prior to submittal of a project.

A) Fees for Building Code reviews performed by the Division will be subject to a base fee of $650.00 plus a fee equal to .001 times the Total Project Valuation.

B) Fees for Fire and/or Life Safety Code reviews by the Division will be subject to a base fee of $650.00 plus a fee equal to .001 times the Total Project Valuation.

C) When both Building and Fire and Life Safety Code reviews are performed by the Division, the Fees will equal the sum of both the Building review fees in Article 14.2.4(A) and the Fire and Life Safety review fees in Article 14.2.4(B) of these rules. 14.2.5 Half of the fees must be submitted prior to commencement of plan review, and the remaining half must be submitted prior to permit issuance. Inspections will not be performed until the required fee has been paid. Additional inspection fees must be submitted prior to issuance of any associated Certificate of Compliance, Certificate of Occupancy, or completion of the permit. 14.2.6 The Division may assess a $200 inspection fee for each additional inspection in excess of the number allocated by the table in 14.2.2.(B) of these rules. Additional inspections exceeding four (4) hours in length, including travel time, will be charged $50 for each additional hour or portion thereof. 14.2.7 The Division may assess an additional off-hours inspection fee of $200 for inspections requested outside of normal business hours.

A) Normal inspection hours are Monday through Friday between 8:00 am and 5:00 pm.

B) Off-hours inspections are scheduled on an “as-available” basis. The Division is not obligated to provide inspections outside of normal operating hours if an inspector is not available. 14.2.8 The Division may assess a fee of $100 for the replacement of a lost inspection record card. 14.3 Fire and Life Safety Certificate of Compliance Inspection Fees The following fees will be charged for Fire and Life Safety Certificate of Compliance inspections performed by the Division:

Certificate of Compliance Annual Fee (All facilities, except for business occupancies with an occupant load of 49 or less) $ 515.60 Certificate of Compliance Annual Fee (Business occupancies with an occupant load of 49 or less) $110.00 On-site re-visit inspection (per 4-hour block including travel) $ 400.00 Documentation review $ 200.00 14.3.1 Fees are charged per street address. 14.3.2 Failure to pay for Fire and Life Safety Code inspections performed will result in a notice of violation and enforcement in accordance with Article 12 of these rules. In addition, the Division shall not issue the Certificate of Occupancy and/or Certificate of Compliance. 14.3.3 Failure to pay Certificate of Compliance Annual Fee may result in suspension of the Certificate of Compliance, subjecting the facility to the provisions outlined in Article 9.3 of these rules. 14.3.4 Failure to pay the Certificate of Compliance Annual Fee by the due date on the invoice will result in an additional fee of $50 for each month when the invoice goes unpaid past the due date. These additional fees will be applied to all outstanding Certificate of Compliance Annual Fees until such time as the full balance, including all accrued additional fees, is paid in full. The right to collect these fees extends to all prior fiscal years where a balance remains outstanding. 14.4 Fees may be waived or modified when appropriate at the discretion of the Director or their designee. Request for waiver or modification shall be in writing.

ARTICLE 15 – SEVERABILITY 15.1 If any provision or application of these rules is held invalid, all other provisions and applications of these rules will remain in effect.

ARTICLE 16 – INQUIRIES 16.1 All questions or requests for interpretation of these rules should be submitted in writing to the Fire & Life Safety Section Chief, Colorado Division of Fire Prevention and Control, 1697 Cole Blvd, Suite 200, Lakewood, CO 80401. Telephone number: (303) 239-4100. _________________________________________________________________________

Editor's Notes

History New rule emer. rule eff. 07/01/2013.

Entire rule eff. 10/15/2013.

Rules 3.2.1, 3.2.2, 3.3, 13.4 eff. 03/17/2017.

Rules 13.2.2, 13.2.4, 13.2.6, 13.2.7 eff. 03/02/2018.

Articles 2- 5, Rules 6.4.1, 7.2, 9.2.2, Articles 10, 14 eff. 03/30/2019.

Rules 2.1, 6.6, 9.2.4, 13.2.4, 13.4, Articles 14, 15 eff. 08/14/2020.

Rules 5.1, 5.2, 5.4, 6.2.3, 9.1.1 emer. rules eff. 09/13/2021.

Rules 2.1, 5.1, 5.2, 5.4, 6.2.3, 9.1.1, 13.3.3 eff. 12/15/2021.

Entire rule eff. 12/30/2025.

Annotations

Rule 10.1.3.F (adopted 08/26/2013) was not extended by House Bill 14-1123 and therefore expired 05/15/2014.

8 CCR 1507-32 Prescribed Burning in Colorado {#sec-8-ccr-1507-32 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-32}

DEPARTMENT OF PUBLIC SAFETY

DIVISION OF FIRE PREVENTION AND CONTROL

PRESCRIBED BURNING IN COLORADO

8 CCR 1507-32 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ APPLICABILITY These rules and regulations constitute the minimum standards for all prescribed burning conducted in the State of Colorado, except for prescribed burning conducted by an agency of the federal government. To be exempt from these standards, other users of prescribed fire, including local governments and nongovernmental organizations, must adopt or have already adopted guidelines or standards that are in substantial compliance with the intent of Section 24-33.5-1217.5, C.R.S. for prescribed burning under their control. These rules do not apply to controlled agricultural burning or controlled ditch burning.

ARTICLE 1 – AUTHORITY TO ADOPT RULES AND REGULATIONS 1.1 The Director of the Division of Fire Prevention and Control is authorized by the provisions of

Section 24-33.5- 1203.5, C.R.S., to promulgate rules in order to carry out the duties of the Division of Fire Prevention and Control. 1.2 Sections 24-33.5-1203.5 and 24-33.5-1217, C.R.S. establish the authority and duty of the Division of Fire Prevention and Control to implement a prescribed burning program for the State of Colorado and to establish training standards for certified burners. 1.3 The Director of the Division of Fire Prevention and Control is authorized to establish fees and charges necessary to recover all direct costs that the Division incurs in providing training to and processing applications for persons seeking certification under the Prescribed Fire Program pursuant to Section 24- 33.5-1217.

ARTICLE 2 – DEFINITIONS 2.1 The definitions provided in 24-33.5-1202, C.R.S., apply to these rules. If any of the definitions provided in these rules conflict with NWCG definitions of the same terms in the documents incorporated in Article 3, the definitions of those terms in these rules supersede the NWCG definitions. The following definitions apply:

“Applicant” means a person who has satisfied the requirements to be examined for certification or an entity that applies for recognition as an accredited academy or training facility.

“Burn Boss 3” means a person who has met all of the prerequisite and requisite training to be certified by his or her agency to meet NWCG qualification standards to lead low complexity prescribed burn “Burn Boss 2” means a person who has met all of the prerequisite and requisite training to be certified by his or her agency to meet NWCG qualification standards to lead moderate complexity prescribed burn “Burn Boss 1” means a person who has met all of the prerequisite and requisite training to be certified by his or her agency to meet NWCG qualification standards to lead high complexity prescribed burn “Certified Burner” means an individual who successfully completes the Division’s Certified Burner training and certification program and possesses a valid certification number. Where the term “Certified Burn Manager” is used in state statute, this term is replaced by the term Certified Burner for purposes of these rules.

“Certified Proctor” means an individual who meets or exceeds the requirements to be certified as a written and/or practical examination proctor.

“Class” means a single meeting or session devoted to a specific prescribed fire or non-prescribed fire training objective.

“Cognitive Objective” means pertinent written questions, lists, or problems related to the level at which a person is being tested.

“Course” means any grouping of classes or series of lessons or lectures combined to attain a particular education level or training objective.

“Demonstrate” means to show by actual use. This may be supplemented by, or when actual use is not feasible, replaced by, simulation, explanation, illustration, or a combination of these methods.

“Director” means the Director of the Division of Fire Prevention and Control in the Department of Public Safety.

“Division” or “DFPC” means the Division of Fire Prevention and Control in the Department of Public Safety.

“Fire department” means the duly authorized fire protection organization of a town, city, county, or city and county, a fire protection district, or a metropolitan district or county improvement district that provides fire protection.

“Firefighter” means any person, whether paid or volunteer, who is actively participating in or employed by a public or private fire service unit in this state.

“High Complexity Burn” means a burn classified as high complexity by NWCG’s Prescribed Fire Complexity Rating System Guide based on risk, potential consequences, and technical difficulty.

“Low Complexity Burn” means a burn classified as low complexity by NWCG’s Prescribed Fire Complexity Rating System Guide based on risk, potential consequences, and technical difficulty.

“Masticated Fuels” means fuels, such as brush, small-diameter trees, and slash, that have been ground or chewed into small pieces of woody material through a mechanical wildland fuels treatment process, and generally left to carpet the ground.

“Moderate Complexity Burn” means a burn classified as moderate complexity by NWCG’s Prescribed Fire Complexity Rating System Guide based on risk, potential consequences, and technical difficulty.

“National Wildfire Coordinating Group” or “NWCG” means the nationally recognized group made up of federal and state cooperating agencies which governs nationally based training and qualification standards for wildland fire, including prescribed fire. NWCG also includes subcommittees and working teams governed by NWCG directors.

“Non-certified” means an applicant who does not possess a valid certification recognized by DFPC.

“Physical Demand” means the work capacity levels that are assigned to all wildland fire management positions to quantify physical fitness for a specified position. The various levels are measured over a specific distance, with a defined cargo load and efficiently accomplished within a specified time limit and in accordance with procedures and standards established by the NWCG.

“Policies” means formal guidelines promulgated by DPFC concerning the methods, procedures, and processes for implementing these rules and administering any certification program.

“Prescribed Burning” or “Prescribed Fire” means the application of fire, in accordance with a written prescription for vegetative fuels, under specified environmental conditions while following appropriate precautionary measures that ensure public safety and that is confined to a predetermined area to accomplish public safety or land management objectives. The term excludes controlled agricultural burns and controlled ditch burns as defined in CRS 24-33.5-1201.

“Prescribed Fire Manager Type 2” or “RXM2” means a person who has met all of the prerequisite and requisite training to be certified by his or her agency to meet NWCG qualification standards to lead moderate complexity prescribed burn projects.

“Prescribed Fire Manager Type 1” or “RXM1” means a person who has met all of the prerequisite and requisite training to be certified by his or her agency to meet NWCG qualification standards to lead high complexity prescribed burn projects.

“Refresher training” means a course of instruction, condensed over a short period of time, designed to provide training to persons for the purpose of preparing them for renewal of certification.

“Safely” means to perform the objective without endangering or injuring oneself or others.

“State agency” means all of the departments, divisions, commissions, boards, bureaus, and institutions in the executive branch of state government. “State agency” does not include the legislative or judicial department, the department of law, the department of state, the department of the treasury, or statesupported institutions of higher education.

“With competence” means possessing knowledge, training, skills, and judgment needed to satisfactorily and safely perform indicated objectives, as determined by the examining authority.

ARTICLE 3 – GUIDES, DOCUMENTS, AND STANDARDS INCORPORATED BY REFERENCE 3.1 The following guides and standards are adopted by these regulations. The following standards are published by the National Wildfire Coordinating Group, National Interagency Fire Center, Boise, ID 83705. Copies of these guides and standards can be obtained from the National Wildfire Coordinating Group via the Great Basin Cache Supply Office, 3833 S. Development Ave.

Boise, ID 83705 or via www.nwcg.gov. 3.1.1 Interagency Standards for Fire and Aviation Operations (January 2013) NFES 2724 3.1.2 Prescribed Fire Complexity Rating System Guide (January 2004) PMS 424, NFES 2474 3.1.3 Interagency Prescribed Fire Planning and Implementation Procedures Guide (April 2014) 3.1.4 Fire Effects Guide (June 2001) NFES 2394 3.1.5 Wildland Fire Qualification System Guide (October 2014) PMS 310-1 3.1.6 NWCG Glossary of Wildland Fire Terminology (October 2014) PMS 205 3.2 The following policy is adopted by these regulations. The following policy is published by the Colorado Division of Fire Prevention and Control. Copies of this policy can be obtained at 690 Kipling Street, Denver, CO 80215 or online at www.dfs.state.co.us. 3.2.1 Colorado State Prescribed Fire Planning and Implementation Policy Guide (March 2014) 3.3 The Division shall maintain copies of the complete texts of the adopted guides and standards for public inspection. Interested parties may inspect the referenced incorporated materials during regular business hours at the Division Office located at 690 Kipling St, Lakewood, CO 80215. 3.4 This rule does not include later amendments or editions of the incorporated material. 3.5 Questions, clarifications, or interpretation of any guidelines, policy, procedure, or standard adopted by reference in these rules should be addressed in writing to: Prescribed Fire Program Manager/Unit Chief, Colorado Division of Fire Prevention and Control, 690 Kipling St, Lakewood, CO 80215.

ARTICLE 4 – TYPES OF CERTIFICATION, FEES, AND APPLICATION REQUIREMENTS 4.1 The following prescribed fire certifications are available through the Division: 4.1.1 Certified Burner 4.1.2 Burn Boss Type 3-RXB3 4.2 The Division recognizes NWCG certifications that relate to prescribed fire as referenced in the Wildland Fire Qualification System Guide and the Interagency Prescribed Fire Planning and Implementation Guide referenced in Article 3. 4.3 Certified Burner Program 4.3.1 Application Requirements a) Certified Burner Course. Members of the public must sign up for this course through the vendor or institution providing the course on behalf of the Division.

Information regarding upcoming courses can be obtained by contacting the Prescribed Burn Manager at the Division.

b) Application for Certification. After an applicant has completed the Certified Burner course, final exam, and related task book, he or she must send the completed task book and the fees outlined in 4.3.3 to the Certification Manager at the Division in order to obtain certification and a certification number. 4.3.2 Training Components.

a) The Certified Burner Course is a 20-hour course over three days. The Certified Burner Course will cover the following information on prescribed fire:

1. Basic Fire Behavior 2) Introduction to Prescribed Burning 3) Legal Aspects of Prescribed Burning 4) Developing a Prescribed Burn Plan 5) Smoke Management 6) Prescribed Burning Exercise b) At the end of the course, the instructor will administer a final exam. Prospective Certified Burners who have taken the course and passed the exam with a score of 70% or higher will be issued a task book that must be completed within three years of the exam date in order to obtain certification as a Certified Burner.

c) Prospective Certified Burners who score below 70% on the final exam may retake the exam two times without retaking the entire course. A minimum thirty (30) day waiting period is required between examination attempts. Prospective Certified Burners who score below 70% on the final exam after three tries will be required to retake the Certified Burner Course and pass the final exam in order to obtain a task book and certification.

d) After successful completion of the certified burner course and final exam, students will receive a task book which requires certain tasks to be performed in a suitable manner under the supervision of the Division or a designated agent. The task book identifies specific tasks that need to be evaluated, verified, initialed, and dated by the Division or a designated agent for each specific burn project.

These multiple tasks evaluate the trainee’s performance and identify any deficiencies that may require additional project assignments to complete. At the point when all tasks have been satisfactorily completed, the task book must be submitted to the Division with the application fee and any supporting documents in order for an applicant to obtain certification. 4.3.3 Terms and Duration of Certification a) Certificates expire on January 1 of the fifth year following issuance. For example, a certificate issued on January 10, 2015 will expire on January 1, 2020.

b) By issuing a Certified Burner certification number, the Division is verifying that an individual has successfully completed the Certified Burner Course and task book and is qualified to perform low complexity prescribed burns as defined by NWCG’s Prescribed Fire Complexity Rating System Guide adopted by reference in Section 3.1.2.

c) Certified Burners must complete at least two separate prescribed fire projects to be eligible for certification renewal at the expiration of their certification. At the time of certification expiration, documentation of this minimum requirement must accompany the renewal application and payment of the renewal fee.

d) If a Certified Burner does not renew his or her certification within 90 days of expiration or if the Certified Burner has not completed the required amount of prescribed burns during his or her certification, then he or she must retake the Certified Burner Course and complete the associated task book again to obtain certification. 4.3.4 Fees Certified Burner Course* $200 - $500 (varies based on host location)

Application Fee for Certified Burner Certification $30.00 Renewal Fee for Certified Burner Certification prior to expiration $20.00 Reinstatement Fee for Certified Burner Certification fewer than 90 days past expiration $40.00 *Note: To the extent that grant funds are available, these courses may be provided at no or significantly lower cost to the participant. 4.4 Burn Boss Type 3 – RXB3 4.4.1 Application Requirements a) Applicants must sign up for this course through the vendor or institution providing the course on behalf of the Division. Information regarding upcoming courses can be obtained by contacting the Prescribed Burn Manager at the Division.

b) Applicants for the Burn Boss Type 3 Certification must possess the following NWCG qualifications:

1. Required Training: Intermediate Wildland Fire Behavior (S-290)

2. Required Experience:

i) Satisfactory Performance as an Incident Commander, Type 5 (ICT5); or ii) Firefighter Type 1 (FFT1) and Successful position performance as a Prescribed Fire Burn Boss Type 3 (RXB3)

3. Physical Fitness Level - Arduous 4.4.2 Training Components a) The Burn Boss Type 3 Course is the same 32-hour course over four days as the Certified Burner Course. The Course will cover the following information on prescribed fire:

4. Basic Fire Behavior 2) Introduction to Prescribed Burning 3) Legal Aspects of Prescribed Burning 4) Developing a Prescribed Burn Plan 5) Smoke Management 6) Prescribed Burning Exercise 4.4.3 Fees Burn Boss Type 3 Course $200 - $500 (varies based on host location) 4.4.4 Certification/Credentials Received. An applicant for RXB3 who successfully completes the course, exam, and task book must be certified by his or her sponsoring agency. The Division will certify RXB3 applicants who are employed by the Division and may certify employees from other state agencies with an interagency agreement.

ARTICLE 5 – GROUNDS AND PROCESSES FOR RENEWAL, SUSPENSION, AND REVOCATION OF

CERTIFICATIONS 5.1 The Division, in accordance with the Administrative Procedures Act, C.R.S. 24-4-101, et seq., may deny or revoke any certificate or refuse to renew a certificate to any applicant for, but not limited to, the following reasons: 5.1.1 Failure to meet requirements specified in these rules pertaining to the issuance of certificates and/or the renewal of certification 5.1.2 Any conduct as described in Section 5.2 pertaining to good cause for disciplinary action 5.1.3 Fraud, misrepresentation, or deception in applying for or securing certification. Or in taking any written or practical certification exam 5.1.4 Aiding and abetting another person in procuring or attempting to procure certification for any person who is not eligible for certification 5.1.5 Creating a disturbance during a state practical skills evaluation or a state written examination, or conducting themselves in a manner that disrupts other persons taking the examination or prevents the examination proctor from conducting the examination. 5.2 In addition to the reasons outlined in 5.1, the Division may revoke an individual’s Certified Burner certification if the individual is assessed fifteen (15) points as outlined in 5.2.1 during the course of any one certification period. 5.2.1 Violation Point Assessment Table Certified burner initiates a burn outside of prescription parameters based upon morning forecast Certified Burner obtains an authorization knowingly using false information Fifteen (15) Points Fire escapes from the prescribed area and does not cause damage to the property of the Certified Burner or landowner Three (3) Points An emergency response agency is required to take suppression actions because of a burn led by Certified Burner.

Two (2) Points Certified Burner fails to pay suppression charges on an escaped burn within 15 days of receipt of second notice Three (3) Points Certified Burner fails to identify or mitigate smoke sensitive areas Two (2) Points Certified Burner burns without obtaining an authorization Fifteen (15) Points Certified Burner fails to attempt to shut down a burn after notification from the Division or Colorado Air Pollution Control Division Certified Burner’s escaped fire causes damage to the property/improvements of persons other than the Certified Burner Certified Burner attempts to burn as a Certified Burner without a written prescription at the site of the burn while burn is being conducted 5.2.2 The Division will discover potential violations through direct investigation or from information provided by local or state agencies or the general public. The Division will investigate all allegations of a Certified Burner committing one of the violations in 5.2.1.

Following a determination that a violation has been committed, the Division will send a written notice of violation to the Certified Burner’s address on file with the Division. Upon receipt of the notification, a Certified Burner then has thirty (30) days to respond in writing to contest the notice of violation. The protest may include any relevant information or documentation as to why the points should not be assessed against the Certified Burner. 5.2.3 Once the Division receives a Certified Burner’s contest of a violation notice, the Division Director shall determine whether points should be assessed against the Certified Burner and notify the Certified Burner of his or her decision in writing within thirty days of receipt of a Certified Burner’s contest of a violation notice. This decision shall be considered a final agency action for the purposes of the Colorado Administrative Procedure Act, 24-4- 101, et seq., C.R.S. 5.2.4 If a Certified Burner accumulates 15 points during one certification period, the Division will send a notice of decertification to the violator. The Certified Burner has 30 days from the date the notice of decertification is issued to protest the decertification notice to the Division Director. The Division Director shall notify the Certified Burner of his or her decision on the Certified Burner’s decertification within 30 days of receipt of a Certified Burner’s protest of a decertification notice. This decision shall be considered a final agency action for purposes of the Colorado Administrative Procedure Act, 24-4-101, et seq., C.R.S. 5.2.5 Once decertified, an individual must complete the Certified Burner Course and the requisite training task book in order to be recertified as a Certified Burner.

ARTICLE 6: PRESCRIBED FIRE POLICY 6.1 The rules and standards provided in this Article 6 govern prescribed burning occurring on state lands or conducted by state agencies on private lands. 6.2 The Division adopts the Colorado State Prescribed Fire Planning and Implementation Policy Guide as referenced in Section 3.2.1 as the minimum standard for prescribed fire planning and implementation for Colorado state agencies and for prescribed burns conducted on state lands in Colorado. 6.3 Prescribed Fire Plans. 6.3.1 Prescribed fire plans developed before the effective date of these rules must receive a technical review in order to ensure compliance with the 2014 Colorado State Prescribed Fire Planning and Implementation Policy Guide before the plan can be implemented. 6.3.2 Prescribed fire plans developed after the effective date of these rules must receive an additional technical review after three years if the plan is not implemented. 6.3.3 Prescribed fire plans expire five years after their approval date and must be rewritten to ensure compliance with new or modified policies or environmental changes.

ARTICLE 7: SEVERABILITY 7.1 If any provision or application of these rules is held invalid, all other provisions and applications of these rules will remain in effect.

ARTICLE 8: INQUIRIES 8.1 All questions or requests for interpretation of these rules should be submitted in writing to the Colorado Division of Fire Prevention and Control, Prescribed Fire Program Manager/Unit Chief. _________________________________________________________________________ Editor’s Notes

History Entire rule emer. rule eff. 11/29/2013.

Entire rule eff. 03/17/2014.

Entire rule eff. 01/30/2015.

8 CCR 1507-34 Colorado Firefighter Safety and Disease Prevention Fund {#sec-8-ccr-1507-34 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-34}

DEPARTMENT OF PUBLIC SAFETY

COLORADO FIREFIGHTER SAFETY AND DISEASE PREVENTION FUND

8 CCR 1507-34 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ APPLICABILITY These rules and regulations govern applications and funding awards associated with the Colorado Firefighter Safety and Disease Prevention Fund.

ARTICLE 1 – AUTHORITY TO ADOPT RULES AND REGULATIONS 1.1 The Director of the Division of Fire Prevention and Control is authorized by the provisions of

Section 24-33.5-1203.5, C.R.S., to promulgate rules in order to carry out the duties of the Division of Fire Prevention and Control. 1.2 Section 24-33.5-1231, C.R.S. establishes the duty of the Director of the Division of Fire Prevention and Control to promulgate rules governing the award of grants from the Local Firefighter Safety and Disease Prevention Fund.

ARTICLE 2 – DEFINITIONS 2.1 The definitions provided in 24-33.5-1202, C.R.S., apply to these rules. The following definitions also apply:

“Applicant” means an entity that applies for funding.

“Board” means the Fire Service Training and Certification Advisory Board established in 24-33.5-1204, C.R.S.

“Director” means the Director of the Division of Fire Prevention and Control in the Department of Public Safety.

“Division” or “DFPC” means the Division of Fire Prevention and Control in the Department of Public Safety.

ARTICLE 3 – GRANT TYPES AND APPLICATION PROCESS 3.1 The following funding opportunities are available through the Division: 3.1.1 Firefighter equipment, training and services related to firefighter safety; and 3.1.2 Firefighter equipment, training and services related to firefighter disease prevention 3.2 Application Requirements 3.2.1 Applicants must submit written application to the Division during the posted application acceptance period. Applications submitted prior to or after the application acceptance period will not be eligible for award consideration. 3.2.2 Applications will be reviewed and awarded in the following sequence:

A. Peer-review process: Utilizing established scoring and grading criteria, the Division will facilitate a peer review process with grant reviewers from the Colorado State Fire Chiefs, Colorado Professional Fire Fighters Association, and the Colorado State Fire Fighters Association, in equal representation.

B. Technical review: A technical application review will be conducted to ensure requested equipment is NFPA compliant and of reasonable cost.

C. Grant Award: The Director will make awards based on the findings of the fire service needs assessment and the findings of the peer and technical reviews. A governing body’s efforts to finance equipment and training designed to increase firefighter safety other than through an award of this grant will also be taken into consideration. Other criteria, if any, will be identified in the grant application.

ARTICLE 4: AWARD OF GRANTS 4.1 Grant recipients will be notified in writing that they have been chosen to receive grant funding. 4.2 The Division shall spend grant money in one of three ways: 4.2.1 The Division will buy the equipment identified in the grant application on behalf of some grant recipients to take advantage of group or bulk pricing discounts. 4.2.2 The Division will reimburse an award recipient for money spent on firefighter equipment, training, and services related to firefighter safety and/or disease prevention pursuant to the award recipient’s grant application. 4.2.3 The Division will award grant funds to an award recipient so that the recipient can use the grant funds to purchase firefighter equipment, training, and services related to firefighter safety and/or disease prevention pursuant to the award recipient’s grant application. 4.3 Any financial records related to grant funds must be maintained by the grant recipient and available for audit by the Division or designee for a period of five (5) years after the date of the grant award letter. Any equipment purchased with grant funds must be available for inspection by the Division or designee for a period of 10 years after the date of the grant award letter. 4.4 Grant recipients must seek prior approval from the Division to use grant money for any purchase not identified in the award recipient’s grant application and outlined in the grant award.

ARTICLE 5: INQUIRIES 5.1 Questions, clarification, or interpretation of these Rules should be addressed in writing to:

Professional Qualifications & Training Section Chief, Colorado Division of Fire Prevention and Control, 690 Kipling St, Suite 2000, Denver, CO 80215. Telephone number: (303) 239-4600. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 12/30/2014.

Articles 4, 5 eff. 09/30/2019.

8 CCR 1507-35 Death Benefits for Seasonal Wildland Firefighters {#sec-8-ccr-1507-35 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-35}

DEPARTMENT OF PUBLIC SAFETY

DEATH BENEFITS FOR SEASONAL WILDLAND FIREFIGHTERS

8 CCR 1507-35 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Applicability These rules and regulations govern the payment of lump-sum death benefits to survivors of seasonal wildland firefighters who die while acting in the line of duty in Colorado.

Article 1 – Authority 1.1 The Director of the Division of Fire Prevention and Control is authorized by the provisions of

Section 24-33.5-1203.5, C.R.S., to promulgate rules in order to carry out the duties of the Division of Fire Prevention and Control. 1.2 Pursuant to Section 24-33.5-1229, C.R.S. the Director of the Division of Fire Prevention and Control is authorized to promulgate rules governing the payment of death benefits for seasonal wildland firefighters who have died as the direct and proximate result of an injury sustained in the line of duty in Colorado. 1.3 These rules are adopted consistent with the requirements of the State Administrative Procedure Act, section 24-4-101 et seq. (the “APA”), C.R.S.

Article 2 – Definitions 2.1 The definitions provided in 24-33.5-1202, C.R.S., apply to these rules. The following definitions also apply:

“Child” or “children” mean biological children, stepchildren, legally adopted children, and includes children born posthumously.

“Director” means the Director of the Division of Fire Prevention and Control in the Department of Public Safety.

“Division” or “DFPC” means the Division of Fire Prevention and Control in the Department of Public Safety.

“Acting In the Line of Duty” means a seasonal wildland firefighter acting in the performance of his or her duties if such duties are performed at the direction of, or with the knowledge of, a supervisor with the regulating authority, or when immediate action is required during the course of fire suppression or firefighting activities.

“Intoxication” means a disturbance of mental or physical capacities resulting from the introduction of any substance into the body.

Article 3 – Initiation of Review 3.1 Upon the death of a seasonal wildland firefighter acting in the line of duty, the supervisor of the unit in which the firefighter was a member shall notify the Division of the death immediately via the Notification of the Death of a Seasonal Wildland Firefighter form. 3.1.1 Upon receipt of Notification of the Death of a Seasonal Wildland Firefighter the Director shall initiate a review of eligibility for the payment of death benefits. 3.2 Prior to receiving the notification, the Director may, at his or her own initiation, begin the process of reviewing the eligibility for the payment of death benefits upon information and understanding that a wildland firefighter has been killed acting in the line of duty.

Article 4 – Review of Eligibility 4.1 Upon the initiation of review, the Director shall make a determination of eligibility for the payment of death benefits. The Director shall take into account all relevant information, including, but not limited to: 4.1.1 The circumstances surrounding the death or catastrophic injury of the deceased, including the cause of such death. 4.1.2 Whether the deceased was voluntarily intoxicated or under the influence of an illegal substance. 4.1.3 Whether the deceased was engaged in intentional misconduct. 4.1.4 Whether the deceased was engaged in activities considered to be acting in the line of duty. 4.2 The Director may review an autopsy or other informational report completed to aid in the determination of eligibility and may coordinate with any investigating agency in the generation or review of information. 4.3 The Director shall make such determination of eligibility within 30 business days of initiation of review or 30 business days after receipt of all necessary information

Article 5 – Post-Employment Death 5.1 If a seasonal wildland firefighter dies after separation from services with the governing agency body as described in 24-33.5-1229(2)(a), the unit supervisor, spouse, child, or designated beneficiary may request that the Director make a determination of eligibility for the payment of death benefits. 5.2 The Director may make an affirmative determination of eligibility for benefits if any injury sustained in the line of duty is the direct or proximate cause of the death. The Director may review any and all information available before making such eligibility determination.

Article 6 – Notice 6.1 The Division shall notify any prospective beneficiaries in writing within ten (10) calendar days of a decision regarding eligibility. If the determination is negative, the notice shall: 6.1.1 Describe the reasons for the decision; and 6.1.2 Inform the prospective beneficiary of his or her rights and responsibilities regarding the decision.

Article 7 – Payment 7.1 Upon an affirmative finding of eligibility by the Director, the Division shall issue to the designated beneficiary or beneficiaries the lump-sum benefit according to the proportion described in 24- 33.5-1229(1), CRS or, if 24-33.5-1229(1), CRS does not apply, as indicated in the most recent Designation of Beneficiary. 7.1.1 Any seasonal wildland firefighter may provide his or her hiring agency or authority with a Designation of Beneficiary at any time. 7.1.2 If a conflict arises between the beneficiary or beneficiaries appointed in the decedents Designation of Beneficiary and those described in the provisions of 24-33.5-1229(1), CRS, the provisions of the statute will control.

Article 8 – Appeal of Eligibility Determination 8.1 Any aggrieved spouse, child, or designated beneficiary may appeal a negative determination of eligibility by the Director. 8.2 Notice of such appeal must be submitted to the Division in writing and be received within 30 days of the date of issuance of the notice of negative determination of eligibility. 8.2.1 The notice of appeal must contain the factual basis explaining why the determination was incorrect. 8.3 The Director shall hold a hearing to review such appeal and take final action in accordance with 24-4-105, CRS. Final agency action shall be subject to judicial review pursuant to 24-4-106, CRS.

Article 9 – Severability 9.1 If any provision or application of these rules is held invalid, all other provisions and applications of these rules will remain in effect.

Article 10 – Inquiries 10.1 All questions or requests for interpretation of these rules should be submitted in writing to the Colorado Division of Fire Prevention and Control, Wildland Fire Section Chief at 690 Kipling St., Suite 2000, Lakewood, CO 80215. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 03/16/2016.

8 CCR 1507-37 Colorado Wildfire Resilient Homes Grant Program {#sec-8-ccr-1507-37 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-37}

DEPARTMENT OF PUBLIC SAFETY

COLORADO WILDFIRE RESILIENT HOMES GRANT PROGRAM

8 CCR 1507-37 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ APPLICABILITY These rules and regulations govern applications and funding awards associated with the Colorado Wildfire Resilient Homes Grant Program.

ARTICLE 1 – AUTHORITY TO ADOPT RULES AND REGULATIONS 1.1 The Director of the Division of Fire Prevention and Control is authorized by the provisions of

Section 24-33.5-1203.5, C.R.S., to promulgate rules to carry out the duties of the Division of Fire Prevention and Control. 1.2 Section 24-33.5-1239(3), C.R.S. establishes the ability of the Director of the Division of Fire Prevention and Control to promulgate rules for the implementation and administration of the Wildfire Resilient Homes Grant Program.

ARTICLE 2 – DEFINITIONS 2.1 The definitions provided in 24-33.5-1202, C.R.S., apply to these rules. The following definitions also apply:

“Applicant” means an entity person that applies for funding.

“AHJ” means Authority Having Jurisdiction.

“AMI” means Area Median Income, as determined by the Department of Local Affairs, Division of Local Government.

“CSFS” means the Colorado State Forest Service.

“Director” means the Director of the Division of Fire Prevention and Control in the Department of Public Safety.

“Division” or “DFPC” means the Division of Fire Prevention and Control in the Department of Public Safety.

“Fund” means the Wildfire Resilient Homes Grant Program fund.

“IRC” means the International Residential Code as published by the International Code Council.

“IWUIC” means the International Wildland Interface Code as published by the International Code Council.

“Program” means the Wildfire Resilient Homes Grant Program.

ARTICLE 3 – GRANT TYPE AND APPLICATION PROCESS 3.1 The Wildfire Resilient Homes Grant is available to homeowners through the Divison to Homeowners in Colorado to perform retrofit projects to make their primary residence less susceptible to external ignition from wildfire. 3.2 Application Requirements 3.2.1 Applicants must submit a written application to the Division during the posted application acceptance period. Applications submitted before or after the application acceptance period are not eligible for award consideration. 3.2.2 Applications will be reviewed and awarded in the following sequence:

A. Technical review: A technical application review will be conducted to ensure the following criteria are met:

1. A Home Ignition Assessment shall be completed by an organization that regularly conducts Home Ignition Assessments, such as the Fire department/Fire Protection District, insurance carrier, or organization with a wildfire prevention and mitigation mission. Grants shall be used for deficient items that are part of the structure or within 5 feet of the home's structure, including structures attached to the house, and noted on the home ignition assessment. All projects shall include one or more photos of the existing condition as a part of the application.

a) Any homeowner may apply for a wildfire home-hardening grant under this program for a project type listed in the grant application.

2. Projects shall be completed to meet the standards listed in the grant application, which are written in accordance with the 2021 IWUIC or IRC.

3. All completed projects shall be reported to the Division upon completion with one or more photos of the completed work.

4. Homeowners shall match the amount of the Award with an equal amount of their own funds or shall meet the match through labor at a rate to be determined annually by the Division. Volunteer labor by others may also be used for the cost share at the same rate.

5. The homeowner agrees to submit a completion report, as specified in the application, with photos of the completed work funded by the grant.

Grant- funded projects are subject to in-person inspection by the Division or its designee.

B. Grant Award: The Director will make awards based on the findings of the Technical Review Board and shall be prioritized to homeowners based on the following criteria:

1. Homeowners whose annual income is 80% or less than the AMI in the Colorado Department of Local Affairs AMI table, current at the time of application and found on the DOLA website.

2. Homeowners whose properties are located in U.S. Census tracts identified as having a High-Intensity wildfire risk, with homeowners whose property is located in other areas considered in descending order from Moderate- to Low- Intensity wildfire risk, according to the CSFS Colorado Forest Atlas, located on the Colorado State Forest Service website. If a property located in a Moderate-, Low-, or Lowest-Intensity wildfire risk census tract is noted as having an abnormally high wildfire risk due to local conditions by the home ignition assessor, it may be considered at the higher level of wildfire risk indicated in the assessment.

3. Match waivers may be awarded to homeowners who can demonstrate an inability to match the grant award with their own funds or volunteer labor or have a disability.

4. Grant award funds may be used with other grants, private monies, or other funding sources to complete the homeowner’s wildfire home hardening.

ARTICLE 4: AWARD OF GRANTS 4.1 Grant recipients will be notified in writing that they have been chosen to receive grant funding. 4.2 The Division shall spend grant money in one of two ways: 4.2.1 The Division will reimburse an award recipient for money spent on wildfire home hardening projects specified in the application upon documented completion of the project. 4.2.2 The Division will award grant funds to an award recipient so that the recipient can use the grant funds to purchase the necessary materials to complete the project, and funds not used for specified projects will be returned to the Division to be awarded to another homeowner. 4.3 The grant recipient must maintain any financial records related to grant funds and available for audit by the Division or designee for five (5) years after the date of the grant award letter. Work completed with grant funds must be available for inspection by the Division or designee for five (5) years after the date of the grant award letter. 4.4 Grant recipients must seek prior approval from the Division to use grant money for any purchase not identified in the award recipient’s grant application and outlined in the grant award.

ARTICLE 5: INQUIRIES 4.5 Questions, clarification, or interpretation of these Rules should be addressed in writing to the Community Risk Reduction and Education Branch Chief, Colorado Division of Fire Prevention and Control, 700 Kipling St, Suite 4000, Denver, CO 80215. Telephone number: (303) 239-4100. _________________________________________________________________________ Editor’s Notes

History New rule eff. 03/01/2024.

Annotations The definition of “Homeowner” in Rule 2.1 (adopted 01/04/2024) was not extended by Senate Bill 25-125 and therefore expired 05/15/2025.

8 CCR 1507-38 Regional and Statewide Mutual Aid System and Colorado Coordinated Regional Mutual Aid System {#sec-8-ccr-1507-38 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-38}

DEPARTMENT OF PUBLIC SAFETY

REGIONAL AND STATEWIDE MUTUAL AID SYSTEM AND COLORADO COORDINATED REGIONAL

MUTUAL AID SYSTEM

8 CCR 1507-38 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

SECTION 1 - AUTHORITY TO ADOPT RULES AND REGULATIONS 1.1 This rule is adopted pursuant to Senate Bill 21-166 Section 4 and Section 24-33.5- 1235, C.R.S. 1.2 The Director of the Division is authorized by the provisions of Section 24-33.5- 1203.5, C.R.S., to promulgate rules in order to carry out the duties of the Division. This rule is adopted pursuant to the authority in section 24-33.5-1235, C.R.S. and is intended to be consistent with the requirements of the State Administrative Procedure Act, Section 24- 4-101, et seq. (the APA), C.R.S.

SECTION 2 - DEFINITIONS 2.1 “CMAS” means the Colorado Mutual Aid System, which encompasses the Colorado Coordinated Regional Mutual Aid System (CCRMAS), and the Regional and State Mutual Aid System (RSMAS). 2.2 “Director” means the Director of the Division of Fire Prevention and Control. 2.3 “Division” means the Division of Fire Prevention and Control. 2.4 “Eligible entity” means any firefighting or emergency medical services (EMS) agency or service provider located within the State of Colorado. 2.5 “Participant” means any eligible entity that has opted into CMAS. 2.6 “Opt-in” means the process established in Section 5 of this rule for eligible entities to request to become a participant. 2.7 “Opt-out” means the process established in Section 6 of this rule for participants to request termination of their participation in CMAS. 2.8 “Mutual Aid” means the act of one agency assisting another. 2.9 “Reciprocal Mutual Aid'' means providing aid without the expectation of financial reimbursement.

The expectation is that the receiving agency will someday assist the sending agency at no cost. 2.10 “Reimbursable Mutual Aid” means receiving financial reimbursement for the provision of aid to another agency.

SECTION 3 - COLORADO MUTUAL AID SYSTEM 3.1 The Colorado Mutual Aid System (CMAS) incorporates the Colorado Coordinated Regional Mutual Aid System (CCRMAS) and the Regional and State Mutual Aid System (RSMAS). 3.2 The purpose of CMAS is to mobilize fire-based emergency response resources for immediate need during rapidly evolving and large-scale incidents. These incidents can be fire, EMS, hazardous materials, or others. 3.3 CMAS will partner with and augment current dispatching and mobilization systems within Colorado to ensure rapid assignment of critical resources. 3.4 Participants will adhere to the CMAS operating guidelines and business practices. These will be reviewed annually to ensure they meet the needs of Colorado’s fire service. 3.5 CMAS will publish operating guidelines that outline how the system will operate, including requesting resources, tracking of available resources, mobilization, qualification standards, business practices, and reimbursement mechanisms. 3.6 CMAS does not replace, alter, or amend any local or regional mutual aid agreements or plans but should leverage the mobilization of resources within those plans.

SECTION 4 - ADVISORY COMMITTEE 4.1 An advisory committee appointed by the Director of the Colorado Division of Fire Prevention and Control (DFPC) for CMAS shall be established. 4.2 The committee shall meet at least annually but may meet more frequently as necessary. 4.3 The purpose of the committee is to review the effectiveness of the CMAS and provide guidance and feedback from stakeholders to the Division. While the committee may provide guidance on operating policies, the committee shall not have direct authority or control over the daily operations of the CMAS or the employees assigned to CMAS. 4.4 The advisory committee shall create a written report on or before February 1 of each calendar year describing the number and type of CMAS activations, successes and challenges, and any proposed modifications to how the system operates. This report shall be available to stakeholders and the public on the Division website. 4.5 The committee, in coordination with the Division, shall create a charter that outlines the operating guidelines for the committee. The charter shall expire every five (5) years, at which time a new charter shall be placed into effect. The committee may choose to review and revise the charter at any time. 4.6 The advisory committee may assist with reviews and revisions of these rules as necessary and as allowed by applicable law. 4.7 The advisory committee may make recommendations to lawmakers regarding proposed changes to CMAS as necessary. 4.8 The advisory committee shall provide input to, and review annually, the operating guidelines for CMAS to ensure they continue to meet the needs of the stakeholders. 4.9 When an eligible entity opts in or opts out of CMAS, the advisory committee shall be provided a copy of the documentation and reasons for any approvals or denials. If an eligible entity contests the decision made by the Division, the dispute shall be brought before the committee. The committee shall review the basis for the approval or denial of the request and shall uphold that decision unless the committee determines that the Director has abused their discretion in making that decision. The decision of the committee shall be binding on both the Director and the eligible entity. 4.10 The committee shall be made up of voting and non-voting members as follows:

Voting members 1. Division Director, or their designee 2. Chief of the Wildland Fire Management Section, or the Chief’s designee 3. Director of the Division of Homeland Security and Emergency Management, or their designee 4. Up to four (4) members representing a paid/combination fire department, with one (1) member representing each Division District 5. Up to four (4) members representing volunteer firefighter departments, with one (1) member representing each Division District 6. Four (4) members representing County Sheriffs, with one (1) member representing each Division District 7. One (1) member representing the three (3) Interagency Dispatch Centers 8. One (1) member of the 9-1-1 Advisory Task Force established by the Public Utilities Commission Non-Voting Members 1. One (1) member to represent the US Forest Service 2. One (1) member to represent the Bureau of Land Management 3. One (1) member to represent the National Park Service

SECTION 5 - OPT-IN PROCESS 5.1 Fire agencies, Emergency Medical Services, Hazardous Materials units, and other non-law enforcement public safety agencies that are governmental entities within the State of Colorado are automatically included in CMAS. Private eligible entities, including for-profit and not-for-profit eligible entities, are not automatically members of CMAS. 5.2 The State of Colorado has no obligation to reimburse participants as a result of their participation in CMAS. Non-governmental participants in CMAS are not entitled to receive any reimbursement or compensation for activations to incidents under CMAS. 5.3 All CMAS participants must have their own insurance coverage at least to the extent required by State law, including but not limited to motor vehicle, liability, and workers’ compensation coverage. 5.4 Notwithstanding the limitation on reimbursement in Section 5.2 above, licensed ambulance services may charge patients for the transportation of patients or the treatment and release of patients. 5.5 The Director shall have full discretion to approve or deny all requests to opt into CMAS. In making such determinations, the Director may consider whether the requesting party is an eligible entity, whether that eligible entity is able to provide a critical service that is in alignment with the overall

purpose of CMAS, or any other criteria the Director deems relevant to the opt-in request. 5.6 Concerns or complaints with the process or any denial of entry into CMAS may be addressed to the CMAS Advisory Committee.

SECTION 6 - OPT-OUT PROCESS 6.1 Any participant within CMAS may opt out of the system at any time. In order to opt out, the participant shall send a letter from the Chief, CEO, Board President, or equivalent executive-level officer with the appropriate authority to the Division Director stating the reasons why the participant is opting out of CMAS. 6.2 The Director shall ensure the participant is removed from any call lists, email lists, text messaging, computer tracking system, or other CMAS-specific systems within thirty (30) days of receipt of the request. 6.3 After the opt-out letter is received, the participant will no longer be mobilized through CMAS for any incidents. 6.4 Opting out shall only affect the participant's duties and obligations under CMAS. Other aspects of the State of Colorado Mutual Aid Statute shall still apply to the participant, and they may still provide mutual aid under other systems or agreements. However, no CMAS specific funding, reimbursement, training, equipment, etc. shall be extended to the participant after receipt of its opt-out letter. 6.5 Any CMAS equipment assigned to the participant shall be returned within thirty (30) days of the date of the participant’s opt out letter. After that time, the participant shall no longer be permitted to utilize any CMAS logos, computer programs, mobile applications, or other CMAS specific items or programs. 6.6 The Director shall provide all opt-out letters to the CMAS Advisory Committee. The committee shall track the number of participants opting out and the reasons stated in the opt-out letters. 6.7 An eligible entity that previously opted out of CMAS may request to opt in at any time, by submitting a request to the Director in accordance with Section 5 above.

SECTION 7 - CMAS OPERATING GUIDELINES 7.1 The Director, in consultation with the CMAS Advisory Committee, shall ensure the development of the CMAS Operating Guidelines. 7.2 These guidelines shall outline how CMAS will be staffed and operated. 7.3 The operating guidelines shall also outline the business practices to include any potential reimbursement to participating agencies. 7.4 The operating guidelines shall be reviewed annually and may be updated as needed to provide efficient service. 7.5 Any regional or local mutual aid plans that tie into CMAS may be referenced or added as appendixes to the main CMAS Operating Guidelines.

SECTION 8 - INQUIRIES 8.1 Questions, clarification, or interpretation of these rules should be addressed in writing to: Wildland Fire Management Section Chief, Colorado Division of Fire Prevention and Control, 690 Kipling St., Suite 2000, Lakewood, CO 80215. Telephone number: (303) 239-4600. _________________________________________________________________________ Editor’s Notes

History New rule eff. 10/30/2024.

8 CCR 1507-39 The Adoption of Minimum Codes and Standards for Hardening Structures and Reducing Fire Risk in the Defensible Space Surrounding Structures in the Wildland-Urban Interface {#sec-8-ccr-1507-39 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-39}

DEPARTMENT OF PUBLIC SAFETY

THE ADOPTION OF MINIMUM CODES AND STANDARDS FOR HARDENING

STRUCTURES AND REDUCING FIRE RISK IN THE DEFENSIBLE SPACE

SURROUNDING STRUCTURES IN THE WILDLAND-URBAN INTERFACE

8 CCR 1507-39 [Editor’s Notes follow the text of the rules at the end of this CCR Document.]

APPLICABILITY

These rules and regulations apply to all newly constructed buildings and structures, and to significant additions, repairs, and remodels in the wildland-urban interface, as identified in these rules and as described in the code, with the exception of any thirtyfive acre parcel with only one residential structure on it that does not abut a residential or commercial area pursuant to the provisions of Sections 24-33.5-1236 and 24-33.5- 1237, C.R.S.

ARTICLE 1 - AUTHORITY TO ADOPT RULES AND REGULATIONS 1.1 The Wildfire Resiliency Code Board, established by the provisions of Section 24- 33.5-1236(2), C.R.S., has the authorization, pursuant to section 24-33.5-1236(4), C.R.S., to promulgate rules in order to carry out the duties of the Wildfire Resiliency Code Board within the Division of Fire Prevention and Control. 1.2 Section 24-33.5-1236(4)(b)(II), C.R.S. establishes the authority and duty of the Wildfire Resiliency Code Board to: 1.2.1 Adopt minimum codes and standards that apply to permitting and inspections for new construction of structures and the defensible space around such structures and are based on best practices to reduce the risk to life and property from the effects of wildfires. 1.2.2 Adopt minimum codes and standards that apply to new external additions, alterations, or repair to existing structures or the defensible space around such structures and are based on best practices to reduce the risk to life and property from the effects of wildfires. 1.2.3 Identify the range of hazards and the types of buildings, entities, and defensible space around structures within the wildland-urban interface to which the codes apply. 1.2.4 Establish the process by which a Governing Body may petition the Board for a modification to the Code and establish the criteria and process for the Board to deny or grant an appeal from a decision by the Board on a petition for modification. 1.2.5 Establish criteria and parameters consistent with Sections 24-65.1-105 and 29-20-108, C.R.S., for expedited consideration or approval of an exemption from the Code for activities or investments related to repair, replacement, or hardening of existing utility infrastructure primarily within existing transmission routes that mitigate wildfire risk. 1.3 Section 24-33.5-1237(2)(c), C.R.S., establishes the Board's authority to review a Governing Body's alternative adopted code, as allowed by Section 24-33.5- 1237(2)(a), C.R.S.

ARTICLE 2 - DEFINITIONS 2.1 The definitions provided in Section 24-33.5-1202, C.R.S., apply to these rules.

The following additional definitions also apply:

• “Board” means the Wildfire Resiliency Code Board created in Section 24- 33.5-1236(2), C.R.S.

• “Codes” means the minimum codes and standards adopted by the Board pursuant to Section 24-33.5-1236(4)(b)(II), C.R.S.

• “Construction” means work that is not considered as maintenance or service and that requires a permit as prescribed in the adopted codes and standards of the Governing Body or the Division.

• “C.R.S.” means the Colorado Revised Statutes.

• “Department” means the Department of Public Safety.

• “Director” means the Director of the Division of Fire Prevention and Control.

• “Division” means the Division of Fire Prevention and Control in the Department of Public Safety.

• “Executive Director” means the Executive Director of the Colorado Department of Public Safety.

• “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, C.R.S.;

Ill. The governing body of an improvement district that provides fire protection services organized pursuant to Part 5 of Article 20 of Title 30, C.R.S.; 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.

• “ICC” means the International Code Council.

• “Maintenance” means to sustain in a condition of repair that will allow performance as originally designed or intended. Maintenance does not include replacement of elements of a system that alters the performance criteria of the system as approved by the Authority Having Jurisdiction.

• “Wildland-Urban Interface” means that geographical area where structures and other human development meet or intermingle with wildland or vegetative fuels.

ARTICLE 3 - CODES 3.1 The Colorado Wildfire Resiliency Code The Board hereby adopts and incorporates by reference the Colorado Wildfire Resiliency Code, published by the Division of Fire Prevention and Control on June 01, 2025, and its referenced standards for the construction and maintenance of all property, buildings, and structures subject to the provisions of

Section 24-33.5-1236, C.R.S. and these rules.

The Colorado Wildfire Resiliency Code is an adaptation of Chapters 1, 2, 3, and 5 of the 2024 International Wildland Urban Interface Code by the International Code Council (ICC), © 2023 by International Code Council, Inc. and based on other identified best practices for structure hardening and reducing fire risk in the defensible space surrounding structures. 3.1.1 These rules do not include later amendments to or editions of the incorporated material. 3.2 Public Copies The Colorado Wildfire Resiliency Code can be accessed through the Division of Fire Prevention and Control within the Department of Public Safety at dfpc.colorado.gov. For further information regarding how this material can be obtained or examined, contact the Administrator for the Wildfire Resiliency Code Board at 1697 Cole Blvd, Lakewood, CO 80401 and/or the State Depository Libraries.

The Division will maintain electronic copies of the complete texts of the adapted and attributed codes and standards, which are available for public inspection during regular business hours. Interested parties may inspect the referenced incorporated materials and/or the adapted and attributed codes and standards by contacting the Administrator for the Wildfire Resiliency Code Board at 690 Kipling St, Lakewood, CO, and/or the State Depository Libraries. Copies of the referenced incorporated materials and/or the adapted and attributed codes and standards are available directly from the organization originally issuing the codes and standards: the International Code Council, Inc., through the International Code Council Regional Office Bookstores, reached by calling 888-ICC-SAFE or on the web at www.iccsafe.org. 3.3 Governing Body's Alternative Adoption As allowed by section 24-33.5-1237(2)(a), C.R.S., a Governing Body may adopt an alternative code, so long as the alternative code meets or exceeds the minimum standards set forth in the code adopted in 3.1 of these rules. Pursuant to section 24-33.5-1237(2)(c), C.R.S., the Board shall review a Governing Body's alternative code adoption and make a ruling as to whether or not the alternative code meets these provisions.

ARTICLE 4 - CODE APPLICATION, FIRE INTENSITY CLASSIFICATION, AND

MAPPING 4.1 Code Application The Board hereby declares that, in accordance with the provisions of Section 24- 33.5-1236, C.R.S., the Code adopted in Article 3.1 of these rules and its referenced standards shall apply to the construction and maintenance of property, buildings, and structures subject to these rules that are within the wildland-urban interface as defined by these rules and that are subject to a Fire Intensity Classification of Low or greater. 4.2 Fire Intensity Classification The Board hereby adopts the Wildfire Resiliency Code - Fire Intensity Classification layer for the Colorado Wildfire Resiliency State Code Map, developed by the Division of Fire Prevention and Control (DFPC) and the Colorado State Forest Service (CSFS) at the direction of the Wildfire Resiliency Code Board (WRCB), for the purposes of determining the Fire Intensity Classification for a given location, and published on June 1, 2025. 4.2.1 The Fire Intensity Classification layer encompasses both the current and potential Wildland Urban Interface (WUI), as defined by these rules. 4.2.2 The Fire Intensity Classification's starting point is the 2022 Colorado Wildfire Risk Assessment (CO-WRA) Fire Intensity Scale (FIS) layer, which primarily relies on vegetative fuel data, but also topography and weather conditions, to generate a state-wide indication of how intense a wildfire may be in a given location and therefore can be used to forecast the potential harm or damage if a wildfire occurs.

Note: The layer does not consider probability or risk of wildfire ignition or structure-to-structure conflagration. 4.2.3 The intensity values are classified into standard fire intensity levels based on flame length values for easy interpretation, and the levels in the original 2022 CO-WRA FIS layer include lowest, low, moderate, and high intensity.

The original layer was generated at a 20-meter resolution, and was deemed too detailed for state-wide planning, code implementation, and enforcement efforts by the WRCB. The layer was further refined through smoothing, filtering, and aggregation techniques to provide simple but consistent transitions across classification types based on WRCB input. 4.2.4 The final form illustrates only three (3) levels of the original fire intensity (low, moderate, and high) for the purpose of code application and appears as a hexagon layer, a GIS method that is useful for grouping geospatial data into hexagonal grids.

Note: This aggregation method supports the reality that wildfire hazards are experienced at scales beyond that of an individual parcel or home and are influenced in part by adjacent conditions. 4.2.5 Fire Intensity Classifications shall be applied to the code adopted in Article 3.1 of these rules in the following manner:

A. Moderate and High Fire Intensity Classifications correspond to Class 2 construction and site hardening requirements.

B. Low Fire Intensity Classification corresponds to Class 1 construction and site hardening requirements within the Colorado Wildfire Resiliency Code. 4.2.6 Public Access The Colorado Wildfire Resiliency State Code Map, including the fire intensity layer, can be accessed through the Wildfire Resiliency Code Board within the Division of Fire Prevention and Control at dfpc.colorado,gov/WRCB. For further information regarding how this material can be obtained or examined, contact the Administrator for the Wildfire Resiliency Code Board at 1697 Cole Blvd, Lakewood, CO, and/or the State Depository Libraries. Questions related to the Colorado Wildfire Resiliency State Code Map can be sent to cdps dfpc wrcb@state.co.us 4.2.7 These rules do not include later amendments to or editions of the incorporated material. 4.3 Locally Developed Mapping A Governing Body may develop and adopt a local map designating WUI areas and identified Fire Intensity Classifications within its jurisdictional boundaries.

Local mapping shall be consistent with the methodologies and criteria established by the Board. 4.3.1 Local maps shall incorporate factors including, but not limited to:

A. Vegetative fuel types B. Historical wildfire occurrence C. Topography and slope D. Local weather patterns E. Fire behavior modeling and risk assessment 4.3.2 Review and Approval: Local maps shall be subject to review for compliance verification and/or approval by the Board to ensure consistency with state standards and methodologies. Approved maps shall be recorded and made available for public inspection. 4.3.3 A local map shall be reviewed and updated by the Governing Body at intervals not to exceed three (3) years, or sooner if substantial changes in conditions, data, or methodology occur. Updates shall be submitted for review and approval in accordance with Section 4.3.2 of these rules. 4.3.4 Where local mapping is adopted, it shall either supplement or supersede the state-provided Fire Intensity Classification map, as verified or approved by the Board. In cases where no local map has been adopted, the most current state mapping shall apply. 4.4 Local Ground-Truthing 4.4.1 A Governing Body may develop and adopt a process for site-specific ground-truthing that identifies or modifies the Fire Intensity Classification as described in the 2025 Colorado Wildfire Resiliency Code.

A. Ground-truthing shall incorporate the factors identified in Section 4.3.1 of these rules. 4.4.2 These ground-truthing amendments do not require the state-developed map to be updated.

ARTICLE 5 - PETITIONS FOR MODIFICATION 5.1 General The Colorado Wildfire Resiliency Code Board (the Board) shall appoint a Petition Committee (the Committee) that will serve as the group to hear a Governing Body's petition to modify requirements of the Code. If a petition for modification is denied by the Committee, the Governing Body may appeal the decision to the full Board. 5.1.1 Only Governing Bodies may make petitions and appeals to the Code.

Requests from non-governing bodies for individual code modifications must be made to the local Governing Body with jurisdiction. 5.1.2 A Governing Body shall have the right to petition and appeal for modifications within its jurisdictional boundaries. 5.1.3 The Committee shall have the authority to hear evidence pertaining to the application and intent of the Code for the purpose of issuing reasonable interpretations of the provisions of the Code and determining the suitability of alternative materials, design, and methods of construction and equipment. 5.1.4 Neither the Committee nor the Board shall have authority to waive requirements of the Code or interpret the administration of the Code. 5.1.5 Petitions and appeals shall stay the enforcement of the Code until the petition and appeal is heard by the Committee and a decision is communicated in writing to the petitioner. 5.2 Membership of the Committee The petition committee shall consist of five (5) voting members appointed by the Board Chairperson. Each member shall serve for two (2) years or until a successor has been appointed. The Board Vice Chairperson shall be an ex officio member of said Committee, but shall not vote on any matter before the Committee. 5.2.1 The Committee shall consist of Board members who are qualified by expertise and training to pass on matters pertaining to hazards of wildfire, construction, vegetation management and community planning. 5.2.2 The Board chairperson is authorized to appoint two (2) alternate members who shall be called by the Committee Chairperson to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for Committee membership and shall be appointed for the same term or until a successor has been appointed. 5.2.3 Vacancies shall be filled for an unexpired term in the same manner in which original appointments are required to be made. 5.2.4 The Committee shall annually select one (1) of its members to serve as Chairperson. 5.2.5 The Committee shall designate a qualified member to serve as Secretary to the Committee. The Secretary shall file a detailed record of all proceedings, which shall set forth the reasons for the Committee's decision, the vote of each member, the absence of a member and any failure of a member to vote. 5.2.6 A member with any personal, professional or financial interest in a matter before the Committee shall declare such interest and refrain from participating in discussions, deliberations and voting on such matters. 5.2.7 Members shall not be compensated for their service other than for reimbursement of travel expenses, or as determined by law. 5.2.8 The Committee shall establish policies and procedures necessary to carry out its duties consistent with the provisions of the Code and applicable local, state and federal law. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be presented. 5.2.9 The Committee shall meet at stated periodic intervals. 5.2.10 Three (3) members of the Committee shall constitute a quorum. 5.2.11 The State of Colorado shall provide legal counsel to the Committee to provide members with general legal advice concerning matters before them for consideration. Members shall be represented by legal counsel at the State of Colorado's expense in all matters arising from service within the scope of their duties. 5.2.12 The Committee shall only affirm the petition to modify the requirements of the Code by a concurring vote of a majority of the members. In the instance of a tie, the petition is not affirmed. 5.2.13 The decision of the Committee shall be by resolution. Every decision shall be promptly filed in writing to the office of the Administrator of the Colorado Division of Fire Prevention and Control within thirty (30) days and shall be open to the public for inspection. A certified copy shall be furnished to the petitioner or the petitioner's representative and to the Board Chairperson. 5.3 Petition Process An application for petition shall be based on a claim that the intent of the Code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of the Code do not fully apply, or an equally good or better material, design or form of construction is proposed. 5.3.1 An application to petition shall be filed on a form obtained from the Committee within thirty (30) days prior to the next regular Committee meeting. If the appeal is submitted less than thirty (30) days prior to the next Committee meeting, the hearing will be delayed until the following Committee meeting. 5.3.2 All petitions shall be heard at the next regularly scheduled meeting of the Committee, unless for good cause shown otherwise. The Administrator of the Committee shall notify the petitioner of the time, date and place of the Committee hearing. 5.3.3 Pursuant to the petition application, the petitioners shall provide the specific Code section for which they are requesting a modification, the reason for the modification, and the alternative method of compliance being proposed. The petitioner shall provide supporting documents (manufacturers' specification sheets, research reports, results from a testing laboratory or other supporting documents) and a written narrative as to the reason for the petition. 5.3.4 The Committee may modify, affirm or deny the petition for modification, stating the reasons for the decision. The decision shall be provided in writing to the petitioner no more than thirty (30) business days after the hearing. 5.3.5 If the petition is upheld or modified, the petitioner shall be approved to implement the requested modifications to the Code. 5.3.6 If the petition is denied, the stay of enforcement of the Code is revoked, and the appealing Governing Body shall take immediate action in accordance with the decisions of the Committee, unless the petitioner chooses to appeal the decision to the Board. 5.4 Appeals Process An appeal application shall be filed with the Board within ten (10) business days of the petition decision of the Committee, but no less than thirty (30) days prior to the next regularly scheduled board meeting. If the appeal is submitted less than thirty (30) days prior to the next board meeting, the hearing will be delayed until the following meeting. 5.4.1 A member with any personal, professional or financial interest in a matter before the Committee shall declare such interest and refrain from participating in discussions, deliberations and voting on such matters. 5.4.2 All appeals shall be heard at the next regularly scheduled meeting of the Board, unless for good cause shown otherwise. The Administrator of the Board shall notify the petitioner of the time, date and place of the hearing. 5.4.3 Pursuant to the appeals application, the appellants shall provide the specific Code section for which they are requesting a modification, the reason for the modification, and the alternative method of compliance being proposed. The appellants shall provide supporting documents (manufacturers' specification sheets, research reports, results from a testing laboratory or other supporting documents) and a written narrative as to the reason for the petition. 5.4.4 The Board may modify, uphold or deny the petition decision, stating the reasons for the decision. The decision shall be provided in writing to the appellant no more than thirty (30) days after the hearing. 5.4.5 If the appeal is upheld or modified, the appellant shall be approved to implement the requested modifications to the Code. 5.4.6 If the appeal is denied, the stay of enforcement of the Code is revoked, and the appealing Governing Body shall take immediate action in accordance with the decisions of the Board. 5.5 Further Legal Procedures Any Governing Body that is aggrieved by the appeals process decision of the board may appeal to the courts of Colorado in accordance with the Colorado rules of civil procedure, pursuant to Title 24, Article 4, C.R.S.

ARTICLE 6 -RECORDS AND REPORTING 6.1 Governing Body Records Retention 6.1.1 The Governing Body shall keep a record of proposed and approved modifications as submitted to or received from the Board concerning:

A. Mapping B. Site and area requirements C. Building requirements 6.1.2 Upon the adoption of the Code, the details of modifications granted by a Governing Body shall be recorded and entered in the files of the Governing Body. 6.2 Governing Body Reporting Requirements 6.2.1 A Governing Body shall provide a copy of the adopted ordinance or resolution with a statement attesting to meeting or exceeding the Colorado Wildfire Resiliency Code. Jurisdictions shall report to the Board by July 31 of each year beginning in 2026. Governing Bodies that have not made change to the adopted codes, ordinances, or resolutions shall submit a statement of attestation to that fact and resubmitting the adopted ordinance or resolution is not necessary. 6.2.2 A Governing Body is encouraged to provide recommendations to the Board so that appropriate and reasonable modifications to the Colorado Wildfire Resiliency Code may be determined. 6.2.3 The Governing Body shall be responsible for maintaining appropriate records for the enforcement and maintenance of those requirements as established by the Colorado Wildfire Resiliency Code to enable accurate reporting as required.

ARTICLE 7 - ENFORCEMENT 7.1 In accordance with Section 24-33.5-1237(2)(b), C.R.S., enforcement of the adopted code in Article(s) 3.1 and/or 3.3 of these rules shall be in accordance with the rules and regulations for code enforcement by the Governing Body. The period to comply with an adopted code shall be in accordance with the rules and regulations of the Governing Body or within three (3) months of the date the code is adopted by the Governing Body, whichever is sooner. 7.2 As allowed in Section 24-33.5-1237(2)(d), C.R.S., if a Governing Body does not have rules and regulations in place for the enforcement of a code adopted in 3.1 and/or 3.3 of these rules, the Governing Body may request support from the Division in conducting inspections and enforcing the code pursuant to the Division's procedures set forth in 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. 7.2.1 A Governing Body requesting such support is subject to the provisions of

Article 5.1.2 of these rules.

ARTICLE 8 - CRITERIA AND PARAMETERS FOR EXISTING UTILITY

INFRASTRUCTURE 8.1 The Board shall establish criteria and parameters consistent with Sections 24- 65.1-105 and 29-20-108, C.R.S., for expedited consideration or approval of an exemption from the Code for activities or investments related to repair, replacement, or hardening of existing utility infrastructure primarily within existing transmission routes that mitigate wildfire risk.

ARTICLE 9 - INQUIRIES 9.1 Questions, clarification, or interpretation of these rules should be addressed in writing to: Wildfire Resiliency Code Board Administrator, Colorado Division of Fire Prevention and Control,1697 Cole Blvd, Lakewood, CO 80401. Telephone number: (303) 239-4600. _____________________________________________________________________ Editor’s Notes

History New rule eff. 08/30/2025.

Entire rule eff. 03/02/2025.

8 CCR 1507-52 Reduced Ignition Propensity Cigarette Standards and Certification {#sec-8-ccr-1507-52 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-52}

DEPARTMENT OF PUBLIC SAFETY

8 CCR 1507-52

REDUCED IGNITION PROPENSITY CIGARETTE STANDARDS AND CERTIFICATION [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

SECTION 1 PURPOSE AND AUTHORITY TO PROMULGATE RULES 1.1. Section 24-33.5-1214, C.R.S. establishes the authority and duty of the Division of Fire Prevention & Control (hereafter Division) to ensure that cigarettes sold or offered for sale in Colorado meet the ignition strength standards specified in Section 24-33.5-1214, C.R.S. 1.2. The Director of the Division is authorized by the provisions of Section 24-33.5-1214, C.R.S, to promulgate rules and regulations to administer the section. This regulation is adopted pursuant to that authority and is intended to be consistent with the requirements of the State Administrative Procedures Act (APA), Section 24-4-101 et seq., C.R.S.

SECTION 2 DEFINITIONS 2.1. “Administrator” means the state fire suppression administrator, who shall be the Director of the Division of Fire Prevention & Control, under the Department of Public Safety, or the designee of such Director. 2.2. “Agent” means a person licensed by the Department of Revenue to purchase and affix adhesive or meter stamps on packages of cigarettes. 2.3. “ASTM International” means the American Society for Testing and Materials or its successor organization. 2.4. “Brand Family” means all styles of cigarettes sold under the same trade mark and differentiated from one another by means of additional modifiers or descriptors, including, but not limited to, “menthol”, , “kings”, and “100s”, and includes any brand name, alone or in conjunction with any other word, trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, a previously known brand of cigarettes. 2.5. “Cigarette” means any roll for smoking, whether made wholly or partly of tobacco or any other substance, irrespective of size or shape, and whether or not such tobacco or substance is flavored, adulterated, or mixed with any other ingredient, the wrapper or cover of which is made of paper or any other substance or material except tobacco. 2.6. “Consumer testing” means an assessment of cigarettes that is conducted by, or under the control and direction of, a manufacturer for the purpose of evaluating consumer acceptance of such cigarettes, utilizing only the quantity of cigarettes that is reasonably necessary for such assessment. 2.7. “Manufacturer” means any one or more of the following: 2.7.1. An entity that manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured with the intent that such cigarettes be sold in Colorado, regardless of where the cigarettes are manufactured or produced and regardless of whether they are imported from outside the United States; 2.7.2. The first purchaser anywhere that intends to resell, in the United States, cigarettes manufactured anywhere that the original manufacturer or producer does not intend to be sold in the United States; or 2.7.3. An entity that becomes a successor to an entity described in paragraph 2.7.1 or 2.7.2. 2.8. “Quality control and quality assurance program” means a set of laboratory procedures implemented to ensure that: 2.8.1. Operator bias, systematic and nonsystematic methodological errors, and equipmentrelated problems do not affect the results of cigarette testing; and 2.8.2. The testing repeatability remains within the required repeatability values stated in Section 24-33.5-1214 (2) (a) (II) (F), C.R.S., for all test trials used to certify cigarettes in accordance with section 24-33.5-1214 (3), C.R.S. 2.9. “Repeatability”, with respect to a cigarette test trial, refers to the range of values within which the repeat results of cigarette test trials from a single laboratory will fall ninety-five percent of the time. 2.10. “Retail dealer” means any person, other than a manufacturer or wholesale dealer, engaged in selling cigarettes or tobacco products. 2.11. “Sale” means any transfer of title, possession, or both, or exchange or barter, conditional or otherwise, in any manner or by any means or any agreement. In addition to cash and credit sales, the giving of cigarettes as samples, prizes, or gifts, and the exchanging of cigarettes for any consideration other than money, are considered sales. 2.12. “Sell” means to sell or to offer or agree to sell. 2.13. “UPC Symbol” means the symbol signifying the Universal Product Code. 2.14. “Wholesale dealer” means: 2.14.1. Any person, other than a manufacturer, who sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale; and 2.14.2. Any person who owns, operates, or maintains one or more cigarette or tobacco product vending machines in, at, or upon premises owned or occupied by any other person.

SECTION 3 ACCEPTANCE REQUIREMENTS 3.1. Except as otherwise provided in Section 10, no cigarettes shall be sold or offered for sale in this state, or offered for sale or sold to persons located in this state, after July 31, 2009, without a certification accepted by the Division. The Division will accept certifications based upon the submission of the information and fees required by this regulation. The Division will provide manufacturers a reasonable timeframe to provide missing information or to pay the required fee. 3.2. Acceptance requirements. In order to be accepted: 3.2.1. The cigarettes must have been tested in accordance with the test method and meet the performance standard specified in Section 4 of this rule; 3.2.2. A written certification of the test and performance results required in Section 4 must have been filed by the manufacturer with the Administrator; 3.2.3. An application for each brand family, which lists each cigarette within the brand family seeking acceptance, must be filed with the Administrator; 3.2.4. The fees specified in 3.5 must be paid in full; and 3.2.5. The cigarettes must be marked in accordance with Section 5 of this rule. 3.3. Certification of testing and test results by the manufacturer. 3.3.1. Each manufacturer shall submit to the Administrator a written certification attesting that each cigarette listed in the certification: 3.3.1.1. Has been tested in accordance with Section 4 of this rule; and 3.3.1.2. Meets the performance standard set forth in Section 4 of this rule. 3.3.2. Each cigarette listed in the certification submitted pursuant to paragraph 3.2.3 shall be described with the following information: 3.3.2.1. Brand or trade name on the package; 3.3.2.2. Style, such as full flavor or Blue; 3.3.2.3. Length in millimeters; 3.3.2.4. Circumference in millimeters; 3.3.2.5. Flavor, menthol or non-menthol as applicable; 3.3.2.6. Filter or no filter; 3.3.2.7. Package description, such as soft pack or hard pack; 3.3.2.8. Marking pursuant to subsection 5 of this section; 3.3.2.9. The name, address, and telephone number of the laboratory that conducted the tests, if different from that of the manufacturer; and 3.3.2.10. The date that the testing occurred. 3.3.3. Certifications under this Subsection 3.3 shall be made available to the Attorney General for purposes consistent with Section 24-33.5-1214 (3), C.R.S. and to the Department of Revenue for the purpose of ensuring compliance with the Section 24-33.5-1214 (3), C.R.S. 3.4. Certification Application and Recertification Procedures 3.4.1. An applicant must apply for certification in a format provided by the Division. Application instructions are available on the Division’s website (dfpc.colorado.gov/FLS). 3.4.2. Each cigarette certified under this rule shall be subject to recertification every three years. 3.5. Fees – At the time it submits a written certification under this rule, a manufacturer shall pay to the Department of Public Safety a fee of one thousand dollars ($1,000.00) for each brand family of cigarettes listed in the certification. The fee paid shall apply to all cigarettes within the brand family certified and shall include any new cigarette certified within the brand family during the three-year certification period. 3.6. Changes to Cigarettes – If a manufacturer has certified a cigarette pursuant to this rule, and thereafter makes any change to such cigarette that is likely to alter its compliance with the reduced ignition propensity standard required by Section 24-33.5-1214, C.R.S., such cigarette shall not be sold or offered for sale in this state until the manufacturer retests the cigarette in accordance with the testing standards set forth in Section 4 of this rule and maintains records of the retesting as required by Section 7 of this rule. Any altered cigarette that does not meet the performance standard set forth in Section 4 may not be sold in this state. 3.7. Notification of acceptance of certification will be sent to the manufacturer. Notifications by the Division will be effective on the date indicated on the certificate e-mailed to the manufacturer. 3.8. Lists of certified cigarettes. 3.8.1. The Division will maintain a list of cigarettes certified under Section 24-33.5-1214, C.R.S. and this rule on its website. 3.8.2. The Division will provide the Department of Revenue and the Attorney General a current list of cigarettes certified under Section 24-33.5-1214, C.R.S. and this rule.

SECTION 4 TESTING AND PERFORMANCE STANDARDS 4.1. Except as provided in Section 10, no cigarettes shall be sold or offered for sale in this state, or offered for sale or sold to persons located in this state, after July 31, 2009, unless the cigarettes have been tested in accordance with the test method and meet the performance standard specified in this Section 4. 4.2. Testing 4.2.1. Testing of cigarettes shall be conducted in accordance with ASTM international standard E2187-04, “standard test method for measuring the ignition strength of cigarettes”. 4.2.2. Testing shall be conducted on ten layers of filter paper. 4.2.3. No more than twenty-five percent of the cigarettes tested in a test trial in accordance with this Section 4 shall exhibit full-length burns. Forty replicate tests shall constitute a complete test trial for each cigarette tested. 4.2.4. The performance standard required by this Section 4 shall be applied only to a complete test trial. 4.2.5. Written certifications shall be based upon testing conducted by a laboratory that has been accredited pursuant to standard ISO/IEC 17025 of the International Organization for Standardization. 4.2.6. A laboratory conducting testing in accordance with this Section 4 shall implement a quality control and quality assurance program that includes a procedure that will determine the repeatability of the testing results and limit the repeatability value to no greater than nineteen percent. 4.2.7. This Section 4 shall not require additional testing of cigarettes that have been tested for other purposes in a manner consistent with this section. 4.3. Testing by the Division 4.3.1. Testing performed or sponsored by the Division in order to determine a cigarette's compliance with the performance standard shall be conducted in accordance with Subsection 4.2. 4.3.2. The Division may test cigarettes for compliance on a random basis. 4.3.3. The Division may test a particular cigarette brand for compliance based upon complaints or a history of a particular cigarette brand being involved in starting fires. 4.4. Lowered Permeability Bands 4.4.1. Each cigarette listed in a certification submitted pursuant to Section 3 that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard set forth in this Section 4 shall have at least two nominally identical bands on the paper surrounding the tobacco column. At least one complete band shall be located at least fifteen millimeters from the lighting end of the cigarette. For cigarettes on which the bands are positioned by design, there shall be at least two bands fully located at least fifteen millimeters from the lighting end and ten millimeters from the filter end of the tobacco column or ten millimeters from the labeled end of the tobacco column for nonfiltered cigarettes. 4.5. Alternative Testing 4.5.1. A manufacturer of a cigarette that the Division determines cannot be tested in accordance with the test method prescribed in 4.2, shall propose a test method and performance standard for the cigarette to the Division. 4.5.2. Upon approval of the proposed test method and a determination by the Division that the performance standard proposed by the manufacturer is equivalent to the performance standard prescribed in 4.2, the manufacturer may employ such test method and performance standard to certify such cigarette pursuant to this Section 4. 4.5.3. If the Division determines that another state has enacted reduced cigarette ignition propensity standards that include a test method and performance standard that are substantially similar to those contained in 4.2, and the Division finds that the officials responsible for implementing those requirements have approved the proposed alternative test method and performance standard for a particular cigarette proposed by a manufacturer as meeting the reduced cigarette ignition propensity standards of such state's laws or rules under a legal provision comparable to this Section 4, then the Division shall authorize the manufacturer to employ the alternative test method and performance standard to certify such cigarette for sale in Colorado unless the Division demonstrates a reasonable basis why the alternative test should not be accepted. All other applicable requirements of this Rule shall apply to the manufacturer.

SECTION 5 LABELING 5.1. Except as otherwise provided Section 10, no cigarettes shall be sold or offered for sale in this state, or offered for sale or sold to persons located in this state, after July 31, 2009, unless the cigarettes have been marked in accordance with this Section 5. 5.2. Effective July 31, 2009, cigarettes that are certified by a manufacturer in accordance with Section 3 shall be marked to indicate compliance with the requirements of Section 24-33.5-1214 (4), C.R.S. Such marking shall be in eight-point type or larger and shall consist of one or more of the following: 5.2.1. Modification of the package's UPC symbol to include a visible mark printed at or around the area of the UPC symbol. The mark may consist of alphanumeric or symbolic characters permanently stamped, engraved, embossed, or printed in conjunction with the UPC symbol. 5.2.2. Any visible combination of alphanumeric or symbolic characters permanently stamped, engraved, embossed, or printed on the cigarette package or cellophane wrap; or 5.2.3. Stamped, engraved, embossed, or printed text that indicates that the cigarettes meet the standards of Section 24-33.5-1214, C.R.S. 5.3. A manufacturer shall use only one marking and shall apply the marking uniformly to all brands and packages, including but not limited to packs, cartons, and cases, marketed by the manufacturer. 5.4. The manufacturer shall notify the Division as to the marking selected by the manufacturer. 5.5. A manufacturer shall not modify its approved marking unless the modification has been approved by the Division. This Subsection 5.5 shall not apply if the modified marking is a pre-approved marking pursuant to 5.7. 5.5.1. If the manufacturer modifies its approved marking with a pre-approved marking pursuant to 5.7, the manufacturer will notify the Division of the modification. 5.6. Unless pre-approved pursuant to 5.7, prior to the certification of any cigarette, the manufacturer shall present its proposed marking to the Division, which shall have discretion to approve or disapprove the marking. 5.6.1. Proposed markings shall be deemed approved, unless the Division notifies the manufacturer of a disapproval within ten business days after the Division’s receipt of a complete request for approval. Disapproval notifications by the Division will be effective on the date a notification letter is postmarked or a notification is e-mailed. 5.7. Pre-Approved Markings 5.7.1. The following markings are pre-approved by the Division and need not be submitted to the Division for approval prior to their use by a manufacturer: 5.7.1.1. Any marking in use and approved for sale in New York pursuant to the New York fire safety standards for cigarettes; or 5.7.1.2. The letters “FSC”, signifying “fire standards compliant”, appearing in eight-point type or larger and permanently stamped, engraved, embossed, or printed on the package at or near the UPC symbol.

SECTION 6 COPIES OF CERTIFICATIONS AND MARKINGS 6.1. Manufacturers certifying cigarettes in accordance with Section 3 shall provide a copy of the certifications to all wholesale dealers and agents to which they sell cigarettes and shall also provide sufficient copies of an illustration of the package marking utilized by the manufacturer pursuant to Section 5 for each retail dealer to which the wholesale dealers or agents sell cigarettes. 6.2. Wholesale dealers and agents shall provide copies of these package markings received from manufacturers to all retail dealers to which they sell cigarettes. 6.3. Wholesale dealers, agents, and retail dealers shall permit the Administrator, the Department of Revenue, the Attorney General, and employees thereof to inspect markings of cigarette packaging marked in accordance with Section 5.

SECTION 7 RECORDKEEPING 7.1. Recordkeeping – Each manufacturer shall maintain copies of the reports of all tests conducted on all cigarettes offered for sale for a period of three years and shall make copies of these reports available to the Division and the Attorney General upon written request. Any manufacturer who fails to make copies of such reports available within sixty days after receiving a written request shall be subject to a civil penalty not to exceed ten thousand dollars for each day after the sixtieth day that the manufacturer does not make such copies available.

SECTION 8 DEPARTMENT OF REVENUE TO INSPECT 8.1. The Department of Revenue, in the regular course of conducting inspections of wholesale dealers, agents, and retail dealers as authorized by law, may inspect cigarettes to determine whether the cigarettes are marked as required by Section 5. 8.2. If the cigarettes are not marked as required, the Department of Revenue shall notify the Division.

SECTION 9 ENFORCEMENT AND PENALTIES 9.1. To enforce this rule, the Attorney General, the Department of Revenue, the Division, all duly authorized employees and agents thereof, and all law enforcement personnel are authorized to examine the books, papers, invoices, and other records of any person in possession, control, or occupancy of any premises where cigarettes are placed, stored, sold, or offered for sale, as well as any cigarettes on the premises. Every person in the possession, control, or occupancy of any premises where cigarettes are placed, stored, sold, or offered for sale are required to give the Attorney General, the Department of Revenue, the Division, all duly authorized employees and agents thereof, and all law enforcement personnel the means, facilities, and opportunity for the examinations authorized by Section 24-33.5-1214 (7), C.R.S. 9.2. A manufacturer, wholesale dealer, agent, or other person or entity who knowingly sells or offers to sell cigarettes, other than at retail, in violation of Section 24-33.5-1214 (2), C.R.S. shall be subject to a civil penalty not to exceed one hundred dollars for each pack of such cigarettes sold or offered for sale; except that the penalty against any such person or entity shall not exceed one hundred thousand dollars during any thirty-day period. 9.3. A retail dealer who knowingly sells or offers to sell cigarettes in violation of Section 24-33.5-1214 (2), C.R.S. shall be subject to a civil penalty not to exceed one hundred dollars for each pack of such cigarettes sold or offered for sale; except that the penalty against any such retail dealer shall not exceed twenty-five thousand dollars for sales or offers to sell during any thirty-day period. 9.4. In addition to any other penalty prescribed by law, a corporation, partnership, sole proprietor, limited partnership, or association engaged in the manufacture of cigarettes that knowingly makes a false certification pursuant to Section 3 of this rule shall be subject to a civil penalty of at least seventy-five thousand dollars, not to exceed two hundred fifty thousand dollars for each such false certification. 9.5. A person who violates any provision of Section 24-33.5-1214, C.R.S. for which a penalty is not specifically provided shall be subject to a civil penalty of up to one thousand dollars for a first violation and up to five thousand dollars for a second or subsequent violation. 9.6. Cigarettes that have been sold or offered for sale and that do not comply with the performance standard required by Section 4 of this rule shall be subject to forfeiture as provided in the “Colorado Contraband Forfeiture Act”, part 5 of article 13 of title 16, C.R.S. Cigarettes forfeited pursuant to this subsection 9.6 shall be destroyed; except that, before such destruction, the true holder of the trademark rights in the cigarette brand shall be permitted to inspect the cigarettes if desired. 9.7. Whenever a law enforcement officer or duly authorized agent of the Director discovers cigarettes that have not been marked as required by Section 5 of this rule, such officer or agent is authorized and empowered to seize and take possession of such cigarettes. Such cigarettes shall be turned over to the Department of Revenue and shall be forfeited to the state. Cigarettes forfeited pursuant to this subsection 9.7 shall be destroyed; except that, before such destruction, the true holder of the trademark rights in the cigarette brand shall be permitted to inspect the cigarettes if desired.

SECTION 10: EXCEPTIONS TO APPROVAL OF CERTIFICATION REQUIREMENTS, TRANSITION

PERIOD 10.1. The requirements of this rule shall not be construed to prohibit: 10.1.1. Any person or entity from manufacturing or selling cigarettes that do not meet the requirements of this rule, if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States, where the person or entity has taken reasonable steps to ensure that such cigarettes will not be sold or offered for sale to persons located in Colorado; or 10.2. The sale of cigarettes solely for the purpose of consumer testing. 10.2.1. For consumer testing of cigarettes that are not certified, the manufacturer must file written notice of the testing to be conducted within the state. The notice shall contain the quantity of cigarettes to be tested, the method of distribution and the duration of the consumer testing.

SECTION 11: TOBACCO PRODUCT MANUFACTURER CERTIFICATION 11.1. The certification required under this regulation is solely for the purpose of assuring that a manufacturer’s cigarettes comply with the reduced ignition propensity cigarette standards in

section 24-33.5-1214, C.R.S. and this regulation. 11.2. The certification required under this regulation does not replace or supersede the Tobacco Product Manufacturer Certification required under section 39-28-303, C.R.S. 11.3. All tobacco product manufacturers who want to sell their cigarettes in Colorado must continue to file a Tobacco Product Manufacturer Certification with the Department of Revenue and the Office of the Attorney General each year between April 16th and April 30th. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 01/30/2009.

Rules 1.1, 2.1, 3.3.2.2, 3.3.2.5, 3.3.2.7, 3.4-3.5.2, 10.1 eff. 12/30/2022.

Rules 3.4, 3.5 eff. 10/30/2023.

8 CCR 1507-53 Uniform Standards and Minimum Fire and Life Safety Requirements for Waste Tire Facilities {#sec-8-ccr-1507-53 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-53}

DEPARTMENT OF PUBLIC SAFETY

Division of Fire Prevention and Control UNIFORM STANDARDS AND MINIMUM FIRE AND LIFE SAFETY REQUIREMENTS FOR WASTE TIRE FACILITIES 8 CCR 1507-53 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] __________________________________________________________________________

ARTICLE 1 – Purpose and Authority to Promulgate Regulations 1.1 Purpose 1.1.1 The purpose of these rules is to establish minimum fire and life safety requirements for waste tire facilities and ensure that waste tire facilities are constructed, maintained, and inspected in compliance with 30-20-1401, et seq., C.R.S., adopted codes, and applicable rules. 1.2 Technical Rationale 1.2.1 The technical requirements of these rules are supported by codes developed by the International Code Council, a membership association dedicated to building safety and fire prevention. These rules establish minimum requirements for systems using prescriptive and performance related provisions. 1.3 Statutory Authority 1.3.1 Section 24-33.5-1203.5, C.R.S. authorizes the Director of the Division of Fire Prevention and Control (Division) to promulgate rules in order to carry out the duties of the Division.

This rule is adopted pursuant to the authority in sections 24-33.5-1203.5, and 30-20- 1401, et seq., C.R. S. and is intended to be consistent with the requirements of the State Administrative Procedures Act, section 24-4-101, et seq. (the “APA”), C.R.S.

ARTICLE 2 – Definitions 2.1 The definitions provided in sections 30-20-1402 and 24-33.5-1202, C.R.S. shall apply to these rules.

ARTICLE 3 – Codes, Documents, and Standards Incorporated by Reference 3.1 The following codes and standards are adopted and promulgated as minimum standards for the construction and maintenance of waste tire facilities in the State of Colorado. 3.1.1 Adopted codes pertinent to this rule shall be as prescribed in 8 CCR 1507-101 (BUILDING AND FIRE CODE ADOPTION AND CERTIFICATION OF INSPECTORS FOR FIRE & LIFE SAFETY PROGRAMS ADMINISTERED BY THE STATE OF COLORADO). 3.1.1.1 For the purposes of this rule the Division shall enforce the Fire Codes as defined in 8 CCR 1507-101 § 3.2.2.

Division of Fire Prevention and Control 3.2 Where the local fire authority has not adopted a fire code, or where the adopted local fire code does not provide an equivalent or greater level of protection for waste tire facilities, the code adopted in this Article 3 shall apply.

ARTICLE 4 – Definition of Fire Code Official and Delegation of Fire Code Authority 4.1 The Fire Code Official for waste tire facilities shall be the local fire authority or its designee. 4.2 The local fire authority may request technical assistance from the Division and designate the Division as the Fire Code Official. 4.3 If the local authority having jurisdiction declines to perform the inspection on the waste tire facility, the Division shall perform the inspections required by the adopted Fire Code and shall be considered as the Fire Code Official for the facility.

ARTICLE 5 – Inquiries 5.1 Questions, clarification, or interpretation of these Rules should be addressed in writing to: Fire & Life Safety Section Chief, Colorado Division of Fire Prevention and Control, 700 Kipling St, Suite 4100, Denver, CO 80215. Telephone number: (303) 239-4100. _________________________________________________________________________ Editor’s Notes

History New rule eff. 04/30/2011.

Entire rule eff. 03/30/2019.

8 CCR 1507-54 REGISTRATION OF SPRINKLER FITTERS AND INSPECTORS OF MULTIPURPOSE RESIDENTIAL FIRE SPRINKLER SYSTEMS IN ONE AND TWO FAMILY DWELLINGS AND TOWNHOUSES [Repealed eff. 08/30/2015] {#sec-8-ccr-1507-54 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-54}

DEPARTMENT OF PUBLIC SAFETY

Division of Fire Prevention and Control REGISTRATION OF SPRINKLER FITTERS AND INSPECTORS OF MULTIPURPOSE RESIDENTIAL FIRE SPRINKLER SYSTEMS IN ONE AND TWO FAMILY DWELLINGS AND TOWNHOUSES - Repealed eff. 08/30/2015 8 CCR 1507-54 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 11/14/2011.

Entire rule repealed eff. 08/30/2015.

8 CCR 1507-57 Building and Fire Code Enforcement and Certification of Inspectors for Limited Gaming Facilities Licensed by the State of Colorado {#sec-8-ccr-1507-57 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-57}

DEPARTMENT OF PUBLIC SAFETY

BUILDING AND FIRE CODE ENFORCEMENT AND CERTIFICATION OF INSPECTORS FOR LIMITED

GAMING FACILITIES LICENSED BY THE STATE OF COLORADO

8 CCR 1507- 57 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ APPLICABILITY These rules and regulations apply to all buildings containing limited gaming and the areas where limited gaming will occur pursuant to the provisions of § 44-30-515, C.R.S.

ARTICLE 1 - AUTHORITY TO ADOPT RULES AND REGULATIONS 1.1 The Director of the Division of Fire Prevention and Control is authorized by the provisions of

section 24-33.5-1203.5, C.R.S., to promulgate rules in order to carry out the duties of the Division of Fire Prevention and Control. 1.2 Section 44-30-515, C.R.S. establishes the authority and duty of the Division of Fire Prevention & Control to establish minimum safety standards for limited gaming structures. The section further directs the Division of Fire Prevention & Control is to provide technical assistance to local building officials, local fire officials, the local historical preservation commissions, and the state gaming commission. Where the Division is requested to act as the code’s Authority Having Jurisdiction by these agencies the Division shall enforce and inspect to the adopted codes and standards for buildings and structures of limited gaming facilities licensed by the State of Colorado promulgated by the Division. Where the local building or fire department is acting as the code’s Authority Having Jurisdiction, the Division will ensure that efforts to enforce the locally adopted codes and standards also comply (as a minimum) with the adopted codes and standards for buildings and structures of limited gaming facilities licensed by the State of Colorado promulgated by the Division.

ARTICLE 2 - DEFINITIONS 2.1 The definitions provided in 24-33.5-1202, C.R.S., apply to these rules. The following additional definitions also apply:

“Authority Having Jurisdiction” or “AHJ” means the Division, Building Department, Fire Chief, Fire Marshal, or other designated official of a county, municipality, special authority, or special district that has code enforcement responsibilities and employs a building inspector or certified fire inspector.

“Building Department” means the Building Department (or a contracted third party acting on their behalf) of the Division, authority, county, town, city, or city and county.

“Building Permit” means an official document issued by the Authority Having Jurisdiction which authorizes the erection, alteration, demolition and/or moving of buildings and structures.

“Business Entity” means any organization or enterprise and includes, but is not limited to, a sole proprietor, an association, corporation, business trust, joint venture, limited liability company, limited liability partnership, partnership or syndicate. For the purposes of these rules the Business Entity may elect to be represented by a designated representative through a written delegation of

authority.

“Certificate of Compliance” means an official document issued by applicable local building and/or fire code Authority Having Jurisdiction and approved by the Division, stating that materials and products meet specified codes and standards, that work has been performed in compliance with approved construction documents, and that the provisions of applicable fire and life safety codes and standards continue to be appropriately maintained.

“Certificate of Occupancy” means an official document issued by the Authority Having Jurisdiction which authorizes a building or structure to be used or occupied for a specified

purpose.

“Limited Gaming Facility” means a building or area containing limited gaming activities which are subject to licensure by State of Colorado under the provisions of the Colorado Limited Gaming Act.

“Construction” means work that is not considered as maintenance or service and that requires a permit as prescribed in the adopted codes and standards of the local Authority Having Jurisdiction or the Division.

“C.R.S.” means Colorado Revised Statutes.

“Designated Representative” means a person designated by the Business Entity to act on their behalf through a written delegation of authority and is allowed to act in such manner as outlined in these rules.

“Director” means the Director of the Division of Fire Prevention and Control.

“Division” means the Division of Fire Prevention and Control in the Department of Public Safety.

“Executive Director” means the Executive Director of the Colorado Department of Public Safety.

“Fire Code Official” means the designated authority charged with the administration and enforcement of the Fire Code.

“ICC” means the International Code Council.

“Individual” or “Person” means a person, including an owner, manager, officer, employee, or individual.

“Inspection, Testing, and Maintenance Program” means a program conducted by the building owner to satisfy the periodic inspection, testing, and maintenance requirements of fire protection and life safety systems as required by applicable codes and standards.

“Installation” means the initial placement of equipment or the extension, modification, or alteration of equipment after the initial placement.

“Maintenance” means to sustain in a condition of repair that will allow performance as originally designed or intended. Maintenance does not include replacement of elements of a system which alter the performance criteria of the system as approved by the Authority Having Jurisdiction.

“Maintenance and Complaint Inspections” means periodic inspections or inspections conducted based on an allegation of nonconformance conducted by the local fire department or the Division to verify conformance with the adopted codes, rules, and standards. Such inspections are not to be considered to relieve the building owner of the responsibility to conduct an inspection, testing, and maintenance program for fire protection and life safety systems as required by the adopted codes, rules, and standards.

“NICET” means the National Institute for Certification in Engineering Technologies.

“NFPA” means the National Fire Protection Association.

“Qualified Fire Department” means a fire department that has Certified Fire Inspectors at the appropriate level for the fire prevention-related task being performed and provides fire protection service for the Business Entity’s buildings and structures.

“Service (Or Repair)” means to repair in order to return the system to operation as originally designed or intended.

“Temporary Certificate of Occupancy” means an official document issued by the Authority Having Jurisdiction which authorizes a building or structure to be temporarily used or occupied for a period not to exceed 90 days, unless an extension has been granted by the Authority Having Jurisdiction.

ARTICLE 3 - CODES, DOCUMENTS, AND STANDARDS INCORPORATED BY REFERENCE 3.1 The technical requirements of these rules are supported primarily by codes developed by the International Code Council and the National Fire Protection Association. These two organizations are membership associations dedicated to building safety and fire prevention. These rules establish minimum requirements where the Division is the Authority Having Jurisdiction for building systems using prescriptive and performance related provisions, which are widely used to construct residential and commercial buildings. The appropriate portions of the adopted codes will be applied as prescribed by the adopted codes themselves. Where there are differing provisions for new and existing construction, all work taking place after April 1, 2019 must meet the requirements for new construction, as amended by the provisions of IEBC and NFPA 101, and subject to the restrictions of Section 3.2.1.3 of this rule. 3.2 The following codes and their referenced standards are adopted and promulgated as minimum standards for the construction and maintenance of all property, buildings, and structures containing a Limited Gaming Facility in the State of Colorado: 3.2.1 Adopted codes pertinent to this rule shall be as prescribed in 8 CCR 1507-101 (BUILDING AND FIRE CODE ADOPTION AND CERTIFICATION OF INSPECTORS FOR FIRE & LIFE SAFETY PROGRAMS ADMINISTERED BY THE STATE OF COLORADO). 3.2.1.1 For the purposes of this rule the Division shall enforce the Building Codes as defined in 8 CCR 1507-101 § 3.2.1. 3.2.1.2 For the purposes of this rule the Division shall enforce the Fire Codes as defined in 8 CCR 1507-101 § 3.2.2. 3.2.1.3 In conjunction with C.R.S. 44-30-515 no retroactive provisions of the adopted codes shall apply to any structure licensed for limited gaming and operating prior to July 1, 2011. In these cases, the construction provisions of the adopted building codes shall only apply to new construction or remodeling work taking place after July 1, 2011. 3.3 Certificates of Occupancy and Certificates of Compliance issued after April 1, 2019 by the Division will be based on compliance with the requirements within the above applicable codes.

ARTICLE 4 - AUTHORITY OF LOCAL BUILDING DEPARTMENTS 4.1 Where the Limited Gaming Facility is located in a jurisdiction with a local Building Department, the

authority to conduct the necessary plan reviews, issue building permits, conduct inspections, issue Certificates of Occupancy, issue Temporary Certificates of Occupancy, and take enforcement action to ensure that a building or structure has been constructed in conformity with the locally adopted codes remains the responsibility of the local Building Department. Under these circumstances, the Division will accept a completed Building Permit and associated Certificate of Occupancy from the local Building Department as demonstration of compliance with the locally adopted building codes. 4.2 Where the Limited Gaming Facility is located in a jurisdiction with no local Building Department, the authority to conduct the necessary plan reviews, issue building permits, conduct inspections, issue Certificates of Occupancy, issue Temporary Certificates of Occupancy, and take enforcement action to ensure that a building or structure has been constructed in conformity with these rules is the responsibility of the Division. Under these circumstances, the Division will issue the applicable Building Permits and associated Certificates of Occupancy as demonstration of compliance with the Division’s adopted building codes. The determination of when a building permit is required shall be based upon the International Building Code Section 105 requirements Substantial changes to the scope of the project (including addition of square footage to the project scope) will require a submittal of a new application for a permit.

ARTICLE 5 - RECOGNITION OF FIRE CODE OFFICIAL 5.1 For Limited Gaming Facilities located in a jurisdiction where the local fire department has Certified Fire Inspectors at the appropriate level for the task, and is willing to assume the responsibility, the local fire department is responsible for conducting the necessary construction plan reviews, construction inspections, and maintenance or complaint inspections. Under these circumstances, the local fire department is considered the Fire Code Official and will enforce the locally adopted Fire Codes. 5.2 If the local fire department declines to perform the plan review or any subsequent inspection, or if a Certified Fire Inspector is not available, the Division will be considered the Fire Code Official and the Division will perform the construction plan reviews and inspections required by the Division’s adopted Fire Codes and will enforce the Division’s adopted Fire Codes. The determination of when a fire permit is required will be based upon the International Fire Code

Section 105 requirements. Substantial changes to the scope of the project (including addition of square footage to the project scope) will require a submittal of a new application for permit.

ARTICLE 6 - PERMIT APPLICATION SUBMITTAL TO THE DIVISION 6.1 Notification of Submittal to a Local Building Department 6.1.1 For projects that require a permit that will be reviewed and inspected by a local Building Department, the Business Entity shall notify the Division prior to beginning construction.

Notification must include:

A) Name of project;

B) Location of project;

C) Scope of work of project;

D) Projected total cost of project;

E) Projected square footage of project;

E) Planned construction start and end dates;

F) Identification of Fire Code Official (Name of the Qualified Fire Department or the Division);

G) Identification of Building Code Official (Name of the Building Code Official or the Division);

H) A copy of the plan sheets submitted in the format as prescribed by the Division. 6.2 Permit Application Submittal to the Division 6.2.1 For Limited Gaming Facilities located in a jurisdiction which does not have a Qualified Fire Department the Business Entity shall submit a complete plan review application package to the Division for Fire Code compliance review and permitting. If there is not a local Building Department, the Business Entity shall also submit a complete plan review application package to the Division for Building Code compliance review. 6.2.2 The plan review application package must be submitted to the Division in the format defined by Division policy. 6.3 Plan Review and Permitting by the Division 6.3.1 The Division will notify the Business Entity if the permit application is incomplete. 6.3.2 The Building Code plan review will be completed by the Building Department, or by a certified building plans examiner designated by the Division. 6.3.3 The Fire Code plan reviews will be completed by an individual certified by the Division as a Fire Inspector III – Plans Examiner. 6.3.4 Upon completion of the Building and/or Fire Code review, the Division will provide the Business Entity with a comprehensive list of corrections to be addressed prior to the issuance of a permit. This list of corrections should not be considered all-inclusive and may not be considered as approval of any condition in violation of applicable code. Once all corrections have been satisfactorily addressed, the Division will issue the permit. 6.4 Deferred Design/Build Submittals/Shop Drawings 6.4.1 Deferred design/build (shop drawing) submittals for fire protection and life safety systems are permitted; however, construction documents must provide sufficient information to show compliance with Fire Code requirements and coordination between fire systems and other building systems (i.e., HVAC systems, security systems). 6.4.2 Shop (Installation) drawings for fire protection and life safety systems shall be submitted to the Fire Code Official(s) for review and approval prior to beginning installation of the system.

A) Fire sprinkler and fire alarm shop drawings shall be submitted to the Fire and Life Safety Code Officials in accordance with the requirements of the adopted codes in the format as prescribed by the AHJ.

B) Shop (installation) drawings for other systems regulated by the Building Code and Fire Code shall be submitted to the Code Official in accordance the appropriate referenced standard for the system. 6.4.3 Minimum Qualifications for Fire Protection and Life Safety System Design and Installation A) Fire Suppression Systems Any installation, modification, alteration, or repair of a fire suppression system shall be in accordance with 8 CCR 1507-11 - Colorado Fire Suppression program.

B) Fire Alarm Systems (1) The design of any new system or alteration of an existing fire alarm system using the prescriptive requirements of NFPA 72 shall be performed by a person who is a licensed professional engineer or qualified by NICET at a level III or level IV in fire protection engineering technologies - fire alarm systems, or another nationally recognized organization approved by the Division.

(2) The design of any new system or alteration of an existing fire alarm system using performance-based design methods as described by NFPA 72 or alternative materials and methods as described by the adopted Fire Code shall be performed by a person who is currently a professional engineer specializing in fire protection.

(3) The installation of a fire alarm system shall be performed by or supervised by a person who is currently qualified at a minimum of NICET level II in Fire Protection Engineering Technologies – Fire Alarm Systems, or another nationally recognized organization approved by the Division.

C) Other Fire and Life Safety Protection Systems Regulated by the Building or Fire Codes Systems shall be designed by a licensed professional engineer or shall be preengineered. Installation shall be performed by a company with manufacturer- or factory-approved training for the specific system, or as otherwise required by the applicable code section or referenced standard.

ARTICLE 7 - CONSTRUCTION INSPECTIONS 7.1 Building Code Inspections Conducted by the Division 7.1.1 When the Division is functioning as the Building Code Official, Construction or work for which a permit is required is subject to inspection by the Division. Such construction or work shall remain accessible and exposed for inspection purposes until approved. The Division is not liable for expenses incurred in the removal or replacement of any material required to allow inspection. 7.1.2 The Division may contract with Third-Party Inspectors who are qualified in accordance with these rules to perform inspections. 7.2 Fire and Life Safety Code Inspections 7.2.1 Construction projects shall be inspected by the Fire Code Official to verify compliance with the Fire Code and approved construction documents. Construction inspections shall be conducted by a person certified as Fire Inspector II or Fire Inspector III – Plans Examiner. Third-party inspection provisions do not apply to the required Fire Code inspections. Either the Division or the Qualified Fire Department shall perform fire code inspections. 7.2.2 A Certified Fire Inspector shall perform inspections of fire suppression systems in accordance with 8 CCR 1507-11 – Colorado Fire Suppression Program.

A) A Certified Fire Inspector II or Fire Inspector III – Plans Examiner may perform both inspections (fire suppression system and Fire Code construction).

B) If the Fire Code Official does not employ a Certified Fire Inspector II or Fire Inspector III – Plans Examiner, the Fire Code Official shall obtain the services of a Certified Fire Inspector to perform the suppression system inspections. 7.2.3 Results of all inspections shall be documented on the job site inspection card and in the official records of the inspecting entity, and shall include type of inspection, date of inspection, identification of the responsible individual doing the inspection, and comments regarding approval or disapproval of the inspection. Inspection records shall be retained by the inspecting entity for a minimum of two years after the Certificate of Compliance or Certificate of Occupancy is issued. 7.2.4 Certified Fire Inspectors shall include their printed name and fire inspector certification number in the appropriate locations on the inspection report or card. 7.3 Inspection Request Notification to the Division. 7.3.1 The Division shall be provided with notification in the manner as prescribed by the Division no later than noon of the Thursday in the week preceding the requested inspection. The Division will make reasonable efforts to provide the inspection on the requested day or time, provided an inspector is available. 7.3.2 It is the duty of the permit holder to provide access to and means for inspections of such work that are required by the inspector. 7.3.3 Work will not be done beyond the point indicated in each successive inspection without first obtaining the approval from the appropriate inspection entity. The inspector, upon notification, will perform the requested inspections. In the case that the Division cannot complete the inspection within the timeframe requested, the Business Entity may elect to hire a Third-Party Inspector to conduct that inspection at their own expense. Upon completion of the inspection, the inspector will either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or their Designated Representative of any deficiencies. Any portions of the construction that do not comply with the codes adopted in these rules shall be corrected and such portion shall not be covered or concealed until authorized by the appropriate inspection entity.

The re-inspection shall be requested in accordance with Article 7.3.1. 7.4 Stop Work Orders Issued by the Division. 7.4.1 If the Division finds any work regulated by these rules being performed in a manner either contrary to the provisions of these rules or dangerous or unsafe, the Division is authorized to issue a stop work order. 7.4.2 The stop work order will be in writing and will be given to the Business Entity, the Designated Representative, or the person doing the work. Upon issuance of a stop work order, the cited work must immediately cease. The stop work order will state the reason for the order and the conditions under which the cited work will be permitted to resume. 7.4.3 Any person who continues any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, will be subject to penalties as prescribed by these rules.

ARTICLE 8 - CERTIFICATE OF OCCUPANCY 8.1 The Business Entity shall not occupy or use a Limited Gaming Facility or portion thereof for the provision of Limited Gaming services until a Certificate of Occupancy or Temporary Certificate of Occupancy and Certificate of Compliance has been issued by Division and/or the local building and fire departments. 8.2 The Division or the local building and fire departments may issue a Temporary Certificate of Occupancy if a Limited Gaming Facility requires immediate occupancy and if the Business Entity has passed the appropriate inspections, including fire inspections that indicate there are no life safety issues. If no renewal of the Temporary Certificate of Occupancy is issued or a permanent Certificate of Occupancy is not issued, the building shall be vacated upon expiration of the Temporary Certificate of Occupancy.

ARTICLE 9 - MAINTENANCE AND COMPLAINT INSPECTIONS AND INSPECTION, TESTING AND

MAINTENANCE PROGRAMS. 9.1 Maintenance and Complaint Inspections 9.1.1 The Division may perform inspections of the buildings and structures when deemed necessary to ensure that they are maintained in accordance with the appropriate chapters of the adopted and enforced local and Division Fire Codes. Whenever possible, the Local Qualified Fire Department providing fire protection service will conduct these maintenance inspections.

A) If the Local Qualified Fire Department is unable or unwilling to perform maintenance or complaint inspections, the Division has the authority and duty to perform them.

B) If the Local fire department does not have an inspector certified as a Fire Inspector I or above, the Division will perform maintenance inspections for the Business Entity to ensure compliance with this rule and the applicable statutes.

In this instance the Division inspector will attempt to contact the local Fire

Authority to ascertain any concerns the local fire authority might have related to the Limited Gaming Facility. 9.1.2 Where a local Qualified Fire Department is performing maintenance and complaint inspections, the Business Entity is required to notify the Division that such inspections are being performed. The Business Entity shall provide a copy of the local Qualified Fire Department’s inspection report and documentation that all identified deficiencies have been corrected within 30 days of the inspection and subsequent re-inspections until compliance is demonstrated. A Certificate of Compliance will not be issued until such time as all significant deficiencies noted on the maintenance inspection have been corrected. If documentation of a maintenance inspection by a Qualified Fire Department and subsequent evidence of corrections having been made is not provided, the Division will assume that the inspections have not been performed and will have the duty to perform them. 9.1.3 Nothing in this Article prohibits the local fire department providing fire protection services from conducting routine assessments of buildings and structures or from correcting violations that pose an immediate threat to life safety. Additionally, nothing in this Article prohibits the local fire department from seeking enforcement under defined local procedures and rules. 9.1.4 A local Qualified Fire Department providing fire protection service for buildings and structures of a Limited Gaming Facility that chooses to perform Fire Code inspections may refer notices of deficiencies to the Division for evaluation and enforcement. Notices of deficiencies and requests for evaluation and enforcement shall be submitted in writing to the Division as described in Article 11 of this Rule. 9.2 Inspection, Testing and Maintenance Programs. 9.2.1 The Business Entity shall ensure that fire and life safety systems are inspected, tested, and maintained as required by the adopted codes and referenced standards. 9.2.2 Personnel employed by a Business Entity performing inspection, testing, and maintenance programs are not required to be Certified Fire Inspectors, but must be qualified to perform the actions as required by the standards or listings of the devices or systems.

Exception: Work conducted on system components that would require permits, licensing, or certifications under any adopted codes, laws, or rules shall be conducted in accordance with those requirements. 9.2.3 Inspection, Testing, and Maintenance Records shall be retained for at least three years.

Records must indicate the procedure or inspection performed, the organization that performed the procedure or inspection, the results, and the date. The Business Entity shall provide these records for review by the local Qualified Fire Department or to the Division upon request.

ARTICLE 10 - CERTIFICATE OF COMPLIANCE 10.1 Effective July 1, 2019 a Business Entity shall not seek an initial license or to renew a license to provide Limited Gaming services without a valid Certificate of Compliance that has been Approved by the Division. If no renewal of the Certificate of Compliance is issued, the building shall be vacated upon expiration of the Certificate of Compliance. 10.2 All Certificates of Compliance will be issued based on the codes in effect during the most recent inspection of the facility. No Certificate of Compliance will be issued until compliance with the applicable codes and standards has been demonstrated through record review of local Authority Having Jurisdiction documents of inspection and certification, Division inspection and certification, or other appropriate documentation, showing the building to be in conformance with applicable codes and standards applicable at the time of issuance. 10.2.1 The Business Entity shall submit annually the documents specified in 10.2 to the Division along with a Certificate of Compliance application signed by the local fire and building authorities having jurisdiction asserting that the facility is in compliance with applicable codes and standards for fire and life safety. 10.2.2 Upon receipt of a complete application package for the Certificate of Compliance (as specified in 10.2.1), DFPC shall have 5 working days to take action on the Certificate of Compliance application. If no action is taken within 5 working days, the Certificate of Compliance shall be deemed as approved. Upon review of complete application package the Division shall take one of Three actions: 10.2.2.1 APPROVE – If, upon review, the Division believes that the Facility is in substantial compliance with applicable fire and life safety codes and standards the Division will Approve the Certificate of Compliance and provide the Certificate of Compliance to the Business Entity to be submitted with their next limited gaming license application. 10.2.2.2 REQUEST FOR CLARIFICATION – If, upon review, the Division believes that the application for a Certificate of Compliance is incomplete or the Division needs additional information in order to Approve an application for a Certificate of Compliance the Division may request additional information or request clarification of an issue. A request for clarification shall be considered as the Division having taken action and stop the five working day limit to take action on an application for a Certificate of Compliance. 10.2.2.3 REJECT – If, upon review, the Division believes the application for a Certificate of Compliance demonstrates that the Facility is not in compliance these rules as well as applicable fire and life safety codes and standards, the Division may Reject the application for a Certificate of Compliance. A copy of the Rejection notice will be provided to the Business Entity, the Colorado Gaming Commission, and applicable local Fire and Building Officials who regulate the areas found deficient. 10.3 If, in the opinion of the Division a facility is found to have violated these rules and applicable fire and life safety codes and standards the Division will issue an enforcement order subject to Article 12 of these rules to the Business entity. During the period that the enforcement order is unresolved the Certificate of Compliance shall be considered as suspended and the Division will issue a new Certificate of Compliance upon resolution of the enforcement order.

ARTICLE 11 - BUILDING CODE AND FIRE CODE INSPECTOR QUALIFICATION 11.1 Building Code and Fire Code Inspectors shall be certified in accordance with the provisions of 8 C.C.R 1507 – 101 (BUILDING AND FIRE CODE ADOPTION AND CERTIFICATION OF INSPECTORS FOR FIRE & LIFE SAFETY PROGRAMS ADMINISTERED BY THE STATE OF COLORADO).

ARTICLE 12 - ENFORCEMENT 12.1 The Division will enforce the requirements of these rules by following the provisions of this section 12.1. 12.1.1 The Division may issue a notice of violation to a person who is believed to have violated these rules and the applicable fire and life safety codes as determined by an inspection or investigation by the Division. The notice shall be delivered to the alleged violator by certified mail, return receipt requested, or by any means that verifies receipt as reliably as certified mail, return receipt requested. 12.1.2 The notice of violation shall allege the facts that constitute a violation 12.1.3 The notice of violation may require the alleged violator to stop work until the alleged violation is corrected. 12.1.4 Within ten working days after delivery of the notice of violation, the alleged violator may request in writing an informal conference with the Director (or his designee) concerning the notice of violation. If the alleged violator fails to request the conference within ten days, the notice of violation is final and not subject to further review, and any requirement to correct the alleged violation pursuant to 12.1.3 becomes a binding enforcement order. 12.1.5 Upon receipt of a request for an informal conference, the Director (or his designee) shall set a reasonable time and place for the conference and shall notify the alleged violator of the time and place of the conference. At the conference, the alleged violator may present evidence and arguments concerning the allegations in the notice of violation. 12.1.6 Within twenty working days after the informal conference, the Director shall uphold, modify, or strike the allegations within the notice of violation and may issue an enforcement order. The decision and, if applicable, enforcement order shall be delivered to the alleged violator by certified mail, return receipt requested, or by any means that verifies receipt as reliably as certified mail, return receipt requested. 12.2 A person who is the subject of, and is adversely affected by, a notice of violation or enforcement order issued pursuant to Article 12 may appeal such action to the State of Colorado’s Limited Gaming Commission per 44-30-515, C.R.S. 12.2.1 Final agency action shall be subject to judicial review pursuant to C.R.S. Article 4 of Title 24. 12.2.2 An alleged violator who is required to correct an action pursuant to Article 12 shall be afforded the procedures set forth in section 24-4-101, et seq., C.R.S., to the extent applicable. 12.3 The Director may file suit in district court in the judicial district in which a violation is alleged to have occurred to judicially enforce an enforcement order issued pursuant to section 12.1. 12.4 In addition to the remedies provided in this Article, the Director is authorized to apply to the district court, in the judicial district where the violation has occurred, for a temporary or permanent injunction to restrain any person from violation any provision of section 12.1 regardless of whether there is an adequate remedy at law.

ARTICLE 13 - CODE INTERPRETATION APPEALS 13.1 A Business Entity who is the subject of, and is adversely affected by, a code decision or interpretation made by a Division inspector or Third-Party Inspector that conducts a plan review or inspection pursuant to these rules, may appeal such decision or interpretation to the State of Colorado’s Limited Gaming Commission per 44-30-515, C.R.S.. 13.1.1 The affected Business Entity will first contest the preliminary code interpretation to the Division. After consideration, the Division will issue its final code determination which will be considered the Final Agency Action. 13.1.2 If the Business Entity still disagrees, it may appeal to the State of Colorado’s Limited Gaming Commission per 44-30-515, C.R.S. The appeal shall be filed within 30 days after the date of the final written decision by the Division. 13.1.3 An application for appeal must be based on a claim that the true intent of the code or the standards legally adopted therein have been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better form of construction is proposed.

ARTICLE 14 - INQUIRIES 14.1 Questions, clarification, or interpretation of these Rules should be addressed in writing to: Fire & Life Safety Section Chief, Colorado Division of Fire Prevention and Control, 700 Kipling St, Suite 4100, Denver, CO 80215. Telephone number: (303) 239-4100. _________________________________________________________________________ Editor’s Notes

History New rule eff. 03/30/2019.

8 CCR 1507-60 Rules for Fire Suppression Ponds {#sec-8-ccr-1507-60 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-60}

DEPARTMENT OF PUBLIC SAFETY

RULES FOR FIRE SUPPRESSION PONDS

8 CCR 1507-60 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

SECTION 1 INTRODUCTION AND BACKGROUND INFORMATION

Senate Bill 22-114, which was signed into law on June 8, 2022, declares that it is in the public interest to create a process to identify, designate, and preserve critical fire suppression ponds.

Section 37-82-107(5)(a),C.R.S. requires that:

“On or before May 1, 2023, the Director of the Division of Fire Prevention and Control in the Department of Public Safety, pursuant to the Director’s authority under section 24-33.5-1203.5, shall promulgate rules establishing criteria for Boards of County Commissioners, in consultation with Fire Protection Districts or Fire Authorities, to use to identify and evaluate potential fire suppression ponds, as described in subsection (3) of this section. At a minimum, the criteria must require that a fire suppression pond:

(I) Be readily accessible by a fire protection district, fire authority, fire department, or other firefighting entity;

(II) Be located in the wildland-urban interface or another location that faces an elevated threat of fire risk; and (III) Be located in an area without timely or adequate access to fire hydrants or other water supplies and where the pond provides a needed supply.”

These three categories of criteria are addressed in individual sections of these Rules.

SECTION 2 DEFINITIONS

The definitions provided in section 24-33.5-1202, C.R.S., apply to these Rules. The following additional definitions also apply: 2.1 “Aviation Resource” means rotary wing aircraft with equipment to pick up water and deliver it to a fire for the purposes of suppression or retardant application. 2.2 “Fire Authority” means a fire and emergency services provider organized and established pursuant to 29-1-203.5, C.R.S.. 2.3 “Fire Protection District” means a special district which provides protection against fire by any available means and which may supply ambulance and emergency medical and rescue services. 2.4 “Fire Suppression Pond” means a pond with water that may be used in a fire emergency, which pond has been designated as a Fire Suppression Pond by the State Engineer pursuant to C.R.S. 37-80-124. 2.5 “Firefighting Entity” means a fire protection district, fire authority, fire department, or other firefighting entity. 2.6 “Ground Resource” means ground vehicles used in the suppression of fires, such as engines, tenders, and brush trucks. 2.7 “Local Authority Having Jurisdiction” means the fire chief, fire marshal or other designated official of a county, municipality, or special district that has fire code enforcement responsibilities. 2.8 “Locations of Elevated Threat of Fire Risk” means locations where the outbreak of a fire could result in a major wildfire disaster. 2.9 “NFPA” means the National Fire Protection Association. 2.10 “NWCG” means the National Wildfire Coordinating Group. 2.11 “Potential Fire Suppression Pond” means a pond of water within the borders of a county that is under consideration by the board of county commissioners of such county for inclusion in an application to the State Engineer for designation as a Fire Suppression Pond. 2.12 “Proposed Fire Suppression Pond” means a Potential Fire Suppression Pond that meets all of the requirements of these Rules and is selected by a board of county commissioners for inclusion in an application to the State Engineer for designation as a Fire Suppression Pond. 2.13 “Professional Engineer” means an individual licensed as an engineer in Colorado and working within competence, training and/or education pertinent to the fire sprinkler industry. 2.14 “Wildland-Urban Interface” means the line, area, or zone where structures and other human development meet or intermingle with undeveloped wildland or vegetation fuels.

SECTION 3 CODES, DOCUMENTS, AND STANDARDS INCORPORATED BY REFERENCE 3.1 The technical requirements of these rules are supported primarily by codes, documents, or standards developed by the National Wildfire Coordinating Group (NWCG) and the National Fire Protection Association (NFPA). These Rules establish minimum requirements for the identification and evaluation of potential fire suppression ponds using prescriptive and performance related provisions, which are widely used to identify and evaluate potential fire suppression ponds. The appropriate portions of the adopted codes, documents, or standards (particularly in relation to the general design requirements of fire suppression ponds) will be applied as prescribed by the adopted codes, documents, or standards themselves. 3.2 The following standards are adopted and promulgated as recommended minimum standards for the design and maintenance of all Fire Suppression Ponds in Colorado: 3.2.1 NFPA 1142 Standard on Water Supplies for Suburban and Rural Firefighting – 2022 Edition, First Printing: June 2021 (Copyright 2021 by National Fire Protection Association). 3.3 The following documents and their referenced standards are adopted and promulgated as recommended minimum standards for the design and maintenance of all Fire Suppression Ponds in Colorado: 3.3.1 NWCG Standards for Helicopter Operations – 2019 Edition, First Printing: May 2019 (Copyright 2019 by National Wildfire Coordinating Group). 3.4 The Division will maintain electronic copies of the complete texts of the adopted codes, documents, and standards, which are available for public inspection during regular business hours. Interested parties may inspect the referenced incorporated materials by contacting the Wildland Fire Management Section Chief at the Division, 690 Kipling St, Lakewood, CO, and/or The State Depository Libraries. Copies of the adopted codes, documents, and standards are available directly from the organization originally issuing the codes and standards: the National Fire Protection Association, reached by calling 800-344-3555 or on the web at www.nfpa.org; and National Wildfire Coordinating Group, available on the web at https://www.nwcg.gov/publications.

SECTION 4 CRITERIA FOR EVALUATING POTENTIAL FIRE SUPPRESSION PONDS -

ACCESSIBILITY BY FIREFIGHTING ENTITIES 4.1 This section provides the criteria to comply with section 37-82-107(5)(a)(I), C.R.S., which requires that a Fire Suppression Pond “Be readily accessible by a fire protection district, fire authority, fire department, or other firefighting entity”. Proposed Fire Suppression Ponds shall be accessible by ground fire apparatus or by rotary wing firefighting aircraft, or both. 4.2 General Design and Accessibility Criteria for All Proposed Fire Suppression Ponds: 4.2.1 A Proposed Fire Suppression Pond shall be located where they may be maintained and accessed for firefighting purposes. (NFPA 1142, 7.1.4) 4.3 Written Landowner Approval: 4.3.1 Section 37-82-107(3)(c), C.R.S., requires the board of county commissioners to acquire the voluntary written approval of each owner of private property that abuts the pond before the board of county commissioners applies to the State Engineer for designation.

It is further recommended that this written approval be a legal agreement establishing access to and use of the water in the pond and that it be recorded in the records of the county clerk and recorder by the board of county commissioners within 30 days of the date of designation by the State Engineer as a Fire Suppression Pond. (NFPA 1142, 7.2) 4.4 A Proposed Fire Suppression Pond identified by a board of county commissioners for Ground Resource access must meet the following additional minimum criteria: 4.4.1 It is recommended that vehicular access to the Proposed Fire Suppression Pond shall be in accordance with NFPA Standard 1142 “Water Supplies for Suburban and Rural Firefighting”, 2022 Edition, Chapter 7, section 7.5 “Access to Water Sources.” 4.4.2 A usable volume that is no less than 3,500 gal (13,249 L) of water shall be provided. 4.4.3 Proposed Fire Suppression Ponds identified by a board of county commissioners for Ground Resource access that are in excess of 30,000 gal (113,550 L) of water shall be provided with a dry hydrant.

a) Installation of a dry hydrant shall be in accordance with NFPA Standard 1142 “Water Supplies for Suburban and Rural Firefighting”, 2022 Edition, Chapter 8.

b) Installation of the dry hydrant must occur within 2-years of the State Engineer’s date of designation of a Fire Suppression Pond. 4.4.4 The minimum water delivery rate from a Proposed Fire Suppression Pond for Ground Resource access shall not be less than 250 gpm (950 L/min). 4.5 A Proposed Fire Suppression Pond identified by a board of county commissioners for Aviation Resources access must meet the following additional minimum criteria: 4.5.1 It is recommended that such ponds meet all requirements as listed in NWCG Standards for Helicopter Operations, Chapter 15. 4.5.2 A minimum depth of 48 inches at maximum capacity to allow for adequate filling of aerial fire apparatus (Bambi Buckets, snorkels, etc.) 4.5.3 A minimum diameter of 150 feet. 4.5.4 A usable volume that is no less than 30,000 gal (113,550 L) of water shall be provided. 4.5.5 Additionally, there shall be no obstacles in all directions from the edge of the pond within the clearances identified in the following chart:

Distance from perimeter of pond Height of Obstacle 80’ 10’ 160’ 20’ 240’ 30’ 320’ 40’

SECTION 5 CRITERIA FOR EVALUATING POTENTIAL FIRE SUPPRESSION PONDS -

LOCATIONS OF ELEVATED THREAT OF FIRE RISK 5.1 This section provides the criteria to comply with section 37-82-107(5)(a)(II), C.R.S., which requires that a Fire Suppression Pond, “Be located in the Wildland-Urban Interface or another location that faces an elevated threat of fire risk”. 5.1.1 Mapping shows the location of the pond is within useful driving distance (for Ground Resource access) or useful flying distance (for Aviation Resource access) from locations with an elevated threat of fire risk. Elevated fire risk locations are indicated by mapping which may include, but is not limited to, the Colorado Wildfire Risk Public Viewer (Wildland Urban Interface Risk and Wildfire Risk themes).

SECTION 6 CRITERIA FOR EVALUATING POTENTIAL FIRE SUPPRESSION PONDS -

PROVIDES A NEEDED WATER SUPPLY 6.1 This section provides the criteria to comply with section 37-82-107(5)(a)(III), C.R.S., which requires that a Fire Suppression Pond, “Be located in an area without timely or adequate access to fire hydrants or other water supplies and where the pond provides a needed supply” 6.2 Proposed Fire Suppression Ponds identified by a board of county commissioners for Ground Resource access must meet one of the following additional minimum requirements: 6.2.1 If mapping shows that the travel distance to other Ground Resource accessible water supplies including hydrants, other Fire Suppression Ponds, and cisterns in an identified Location of Elevated Threat of Fire Risk is more than 1000 feet, the subject pond must shorten the existing travel distance; or 6.2.2 If the volume or flow rate for other water supplies in an identified Location of Elevated Threat of Fire Risk is deficient based on industry best practices, which are outlined in the General Design Criteria in these Rules, the subject pond must reduce or eliminate the deficiency. 6.3 Proposed Fire Suppression Ponds identified by a county board of commissioners for Aviation Resources access must meet the following additional minimum requirement. 6.3.1 The subject pond must shorten the flight travel distance compared to the travel distance when using water from other reliable sources of water for Aviation Resources or must meet another need for Aviation Resources that is described in the Needs Assessment Report.

SECTION 7 NEEDS ASSESSMENT REPORT 7.1 Before applying for the designation of a pond as a Fire Suppression Pond or seeking redesignation of a pond under section 37-80-124(8), C.R.S., a board of county commissioners, in consultation with its Fire Protection District or Fire Authority, shall perform a Needs Assessment of each pond, as required by section 37-82-107(3)(a)(II), C.R.S. Needs Assessment Reports shall show that Proposed Fire Suppression Ponds meet the criteria of these Rules by including the following information in the following format: 7.1.1 Overview map(s) at a county, or its Fire Protection District or Fire Authority scale, including:

a) areas with elevated threat for fire risk (including a description of the source of this information)

b) locations of major roads c) locations of other water supplies available for fighting fires including hydrants and water bodies. Areas served by hydrants may be shaded (rather than identifying each hydrant)

d) location of each Proposed Fire Suppression Pond labeled with pond name or identification number e) location of aviation or ground access resources and any other relevant emergency infrastructure 7.1.2 Details for all Proposed Fire Suppression Pond shall include:

a) Pond name and/or identification number b) description of pond refill mechanism: groundwater, diversion on the stream channel (on-channel pond), diversion off the stream channel (provide name of ditch filling pond), or well (include well permit number)

c) listing of any water rights associated with the pond, including relevant Water Court decree number d) description of how the pond meets the requirements of these Rules e) description of how each the pond meets the following requirements outlined in 37-80-124(10)(a), C.R.S.:

I. The pond existed with the same or greater surface area as of June 1, 1972, (include historical aerial photo, USGS quad map, or other source of information)

II. The surface area does not exceed six acres (include current aerial photo or USGS quad map showing current pond surface area)

III. Any decreed storage rights for the pond are limited to use within the pond and only for livestock watering, wildlife, or other nonconsumptive uses IV. The pond is not included as a structure in a decreed plan for augmentation, an appropriative right of exchange, or a state-approved substitute water supply plan, and V. The designation of the pond as a Fire Suppression Pond will not result in more than thirty total surface acres of Fire Suppression Ponds in the county. 7.1.3 Details for each Proposed Fire Suppression Pond identified for Ground Resource access should include:

a) a detailed map or annotated aerial photo showing:

I. location or intended location of dry hydrant(s)

II. location of access road and vehicle turning area b) description of typical seasonal fluctuation in water level c) a geo-tagged photo of the pond from all access points is recommended, but not required. 7.1.4 Details for each Proposed Fire Suppression Pond identified for Aviation Resource access should include:

a) a detailed map or annotated aerial photo showing:

I. the height of nearby obstacles and distance from pond perimeter II. pond diameter b) description of typical seasonal fluctuation in water level and available information on pond depth 7.1.5 A table, provided in the following format, summarizing the name and locations of Proposed Fire Suppression Ponds, which includes the following information:

Name and/or identification number Type (ground, aviation, or both)

Area (acres)

Latitude Longitude UTM X UTM Y a) Pond name, type (ground access, aviation access, or access by both ground and aviation), surface area (acres, to the tenth of an acre), b) Pond point location in both Latitude and Longitude (in Degrees Decimal Minutes (DDM), which is the IAW interagency GPS standards for suppression activities) and UTM coordinates (the standard used by the Division of Water Resources).

I. Datum should be submitted in WGS 84 format, 7.1.6 In any application to the State Engineer for the designation of more than one Proposed Fire Suppression Pond, where the cumulative proposed acreage exceeds 30, the board of county commissioners, in consultation with its Fire Protection District or Fire Authority, will include information about which ponds should be prioritized within the borders of the county.

SECTION 8 INQUIRIES 8.1 Questions, clarification, or interpretation of these Rules should be addressed in writing to:

Wildland Fire Management Section Chief, Colorado Division of Fire Prevention and Control, 690 Kipling St, Suite 2000, Denver, CO 80215. Telephone number: (303) 239-4600. _________________________________________________________________________ Editor’s Notes

History New rule eff. 04/30/2023.

8 CCR 1507-61 Inspection and Enforcement Support of Colorado Wildfire Resiliency Codes {#sec-8-ccr-1507-61 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-61}

Department of Public Safety INSPECTION AND ENFORCEMENT SUPPORT OF COLORADO WILDFIRE RESILIENCY CODES 8 CCR 1507-61 [Editor’s Notes follow the text of the rules at the end of this CCR Document.]

ARTICLE 1 – Purpose and Authority to Promulgate Rules 1.1 Purpose: 1.1.1 These rules establish uniform standards for a Governing Body to request inspection and enforcement support from the Division of Fire Prevention & Control (DFPC) within the Department of Public Safety, to enforce the model codes adopted by the Colorado Wildfire Resiliency Code Board, as well as provide guidance on DFPC’s role when providing such support. 1.1.2 The purpose of these rules is to ensure that Governing Bodies with jurisdiction in an area that the Wildfire Resiliency Code Board determines to be within the Wildland-Urban Interface have the support necessary to enforce the code adopted by the Wildfire Resiliency Code Board and subsequently adopted by the Governing Body in accordance with 24-33.5- 1237(2)(a), C.R.S. 1.2 Technical Rationale 1.2.1 The technical requirements of these rules are supported primarily by the code developed and adopted by the Wildfire Resiliency Code Board, established in 24-33.5-1236, C.R.S. These rules establish minimum requirements for DFPC’s inspection and enforcement of this code, as well as the fees necessary for the Division to defray the anticipated costs of the program, as permitted in 24-33.5-1237(2)(d), C.R.S. 1.3 Statutory Authority 1.3.1 Section 24-33.5-1237(2)(d), C.R.S. establishes the authority and duty of the Division to conduct or oversee the necessary plan reviews, issue building permits, cause the necessary inspections to be performed, and take enforcement action pursuant to the Division’s procedures set forth in

Section 24-33.5-1213, C.R.S. as required when support to do so is requested by an Adopting Governing Body that does not have rules and regulations in place for the enforcement of the model codes adopted by the Wildfire Resiliency Code Board. 1.3.2 The Director of the Division is authorized by the provisions of Section 24- 33.5-1203.5, C.R.S., to promulgate rules to carry out the duties of the Division. This rule is adopted pursuant to the authority in Section 24-33.5- 1203.5, C.R.S. and is intended to be consistent with the requirements of the State Administrative Procedure Act, Section 24-4-101, et seq., C.R.S.

(the APA). 1.3.3 The Director of the Division is authorized by the provisions of Section 24- 33.5-1237(2)(d) to establish fees and charges necessary to defray the anticipated costs of the program.

ARTICLE 2 – Definitions 2.1 The definitions provided in 24-33.5-1202, C.R.S., shall apply to these rules. The following additional definitions shall also apply:

ACCESSORY STRUCTURE – A building or structure used to shelter or support any material, equipment, chattel or occupancy other than a habitable building ADOPTING GOVERNING BODY – 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.

DVANCED DELEGATION AGREEMENT – An official document, signed and agreed to by the Adopting Governing Body, designating the Division as the Adopting Governing Body’s Wildfire Resiliency Code Official.

BOARD – The Wildfire Resiliency Code Board, established in 24-33.5-1236(2), C.R.S. BUILDING – Any structure intended for supporting or sheltering any occupancy.

BUILDING CODE OFFICIAL – The designated authority charged with the administration and enforcement of the Building Code adopted by the Governing Body.

BUSINESS ENTITY – Any organization or enterprise and includes, but is not limited to, a sole proprietor, an association, corporation, business trust, joint venture, limited liability company, limited liability partnership, partnership or syndicate. For the purposes of these rules the Business Entity may elect to be represented by a designated representative through a written delegation of

authority.

CERTIFICATE OF COMPLETION – An official document issued by the Division, stating that materials and products meet specified standards, or that work was performed in compliance with approved construction documents and that the provisions of the code continue to be appropriately maintained.

CODES – Means the minimum codes and standards adopted by the board pursuant to Section 24-33.5-1236 (4)(b)(II), C.R.S.

COMPANY – A corporation, partnership, firm or association, two or more persons having a joint or common interest, or any other legal or commercial entity.

CONSTRUCTION – Work that is not considered as maintenance or service, and that requires a building permit.

CONSTRUCTION PERMIT – An official document issued by the Division, which authorizes the erection, alteration, demolition and/or moving of buildings and structures.

C.R.S. – Means the Colorado Revised Statutes.

DELEGATED WILDFIRE RESILIENCY CODE INSPECTOR –Wildfire Resiliency Code inspectors that have been certified by the Division to perform delegated inspection services in accordance with Article 9.2 of these rules.

DESIGNATED REPRESENTATIVE – A person designated by the Business Entity to act on their behalf through a written delegation of authority and is allowed to act in such manner as outlined in these rules.

DIRECTOR – The Director of the Division of Fire Prevention & Control. DIVISION – Means the Division of Fire Prevention & Control.

DWELLING UNIT – A single unit providing complete independent living facilities for one or more people, including permanent provisions for living, sleeping, eating, cooking and sanitation.

FIRE CODE OFFICIAL – The designated authority charged with the administration and enforcement of the Fire Code adopted by the Governing Body.

FIRE INTENSITY CLASSIFICATION – The level of fire intensity identified for areas where significant fuel hazards and associated dangerous fire behavior may exist, based upon vegetative fuels, topography, weather conditions, and flame length value.

GOVERNING BODY – means:

1. The city council, town council, board of trustees, or other governing body of a city, town, or city and county;

2. The board of directors of a fire protection district organized pursuant to Part 1 of Article 1 of Title 32, C.R.S.;

3. The governing body of an improvement district that provides fire protection services organized pursuant to Part 5 of Article 20 of Title 30, C.R.S.; or 4. 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.

INDIVIDUAL (or PERSON) – Means a person, including an owner, manager, officer, employee, or individual.

INSTALLATION – The initial placement of equipment or the extension, modification or alteration of equipment after the initial placement.

MAINTENANCE – To sustain in a condition of repair that will allow performance as originally designed or intended.

ONE- OR TWO-FAMILY DWELLING – Any building that contains one or two dwelling units used, intended, or designed to be built, used, rented, leased, let or hired out to be occupied, or that are occupied for living purposes.

QUALIFIED FIRE DEPARTMENT – A fire department providing fire protection service for the buildings and structures that has Certified Fire Inspectors, as defined by Section 24- 33.5-1202(2.5), C.R.S. at the appropriate level for the task being performed.

REMOTE INSPECTION – The use of audio/visual devices and/or other technologies to perform an inspection or witness a test for the purpose of remote verification.

SPECIAL INSPECTOR – Individuals that have been certified by the Division to perform special inspection services in accordance with Article 9 of these rules.

STRUCTURE – That which is built or constructed.

WILDFIRE RESILIENCY CODE OFFICIAL – The designated authority charged with the administration and enforcement of the Wildfire Resiliency Code adopted by the Governing Body.

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), C.R.S.

ARTICLE 3 – Codes, Documents and Standards Incorporated by Reference 3.1 The technical requirements of these rules are supported by the code developed by the Colorado Wildfire Resiliency Code Board. These rules establish minimum requirements where an Adopting Governing Body has requested inspection and enforcement support from the Division of Fire Prevention & Control (“DFPC” or “the Division”) within the Department of Public Safety, to enforce the model codes adopted by the Colorado Wildfire Resiliency Code Board. The appropriate portions of the adopted code will be applied as prescribed by the code. Where there are differing provisions for new and existing construction, all work permitted after July 1, 2026, must meet the requirements for new construction, as defined by the model code adopted by the Colorado Wildfire Resiliency Code Board. 3.2 The Division shall enforce the model codes adopted by the Colorado Wildfire Resiliency Code Board as defined in 8 CCR 1507-39 § 3.1 in the State of Colorado. Where an Adopting Governing Body has requested inspection and enforcement support from the Division to enforce the model codes adopted by the Colorado Wildfire Resiliency Code Board, local amendments will not be considered in the plan review process or during inspections.

ARTICLE 4 – Definition of Wildfire Resiliency Code Official and Delegation of Code Authority 4.1 The Wildfire Resiliency Code Official for buildings and structures located within a jurisdiction’s boundaries shall be the designated authority charged with the administration and enforcement of the Colorado Wildfire Resiliency Code adopted by the Governing Body. 4.2 Where an Adopting Governing Body does not have rules and regulations for code enforcement, the Adopting Governing Body may request assistance for code enforcement, plan review, and inspections from the Division using a form created by the Division. 4.3 Where an Adopting Governing Body has requested inspection and enforcement support from the Division to enforce the model codes adopted by the Colorado Wildfire Resiliency Code Board, the Adopting Governing Body remains the Wildfire Resiliency Code Official, but will delegate inspection and plan review

authority to the Division. 4.4 Where an Adopting Governing Body has delegated inspection and plan review

authority to the Division, the Division shall perform the construction plan reviews and inspections required by the adopted Colorado Wildfire Resiliency Code. 4.5 Where the Division serves as the inspection and plan review authority and the intent of the Code is in question, the Adopting Governing Body’s appointed Wildfire Resiliency Code Official shall render an interpretation and cause a copy of the interpretation to be sent to the owner of the permit or their representative and the Division. In such cases, the Adopting Governing Body’s appointed Wildfire Resiliency Code Official shall respond within twenty-five (25) business days. Failure of the Adopting Governing Body’s appointed Wildfire Resiliency Code Official to respond within the allotted twenty-five (25) business days will be interpreted as approval of the Division to render an opinion. If the Adopting Governing Body’s appointed Wildfire Resiliency Code Official is unwilling or unable to render an opinion, the Adopting Governing Body may ask (within the allotted 25-days) for assistance from the Division; the submittal of a completed Advanced Delegation Agreement will be required, which will designate the Division as the Adopting Governing Body’s Wildfire Resiliency Code Official. 4.6 Where the Division serves as the inspection and plan review authority, it shall seek approval from the Adopting Governing Body’s appointed Wildfire Resiliency Code Official on requests to use alternate materials, designs, and methods or to approve materials and/or equipment. In such cases, the Adopting Governing Body’s appointed Wildfire Resiliency Code Official shall respond within twentyfive (25) business days. Failure of the Adopting Governing Body’s appointed Wildfire Resiliency Code Official to respond within the allotted twenty-five (25) business days will be interpreted as approval of the submitted request. If the Adopting Governing Body’s appointed Wildfire Resiliency Code Official is unwilling or unable to grant approval of those requests, the Adopting Governing Body may ask (within the allotted 25-days) for assistance from the Division; the submittal of a completed Advanced Delegation Agreement will be required, which will designate the Division as the Adopting Governing Body’s Wildfire Resiliency Code Official. 4.7 Where the Division serves as the inspection and plan review authority, it shall seek approval from the Adopting Governing Body’s appointed Wildfire Resiliency Code Official on requests for ground truthing as outlined in the Code. In such cases, the Adopting Governing Body’s appointed Wildfire Resiliency Code Official shall respond within twenty-five (25) business days. Failure of the Adopting Governing Body’s appointed Wildfire Resiliency Code Official to respond within the allotted twenty—five (25) business days will be interpreted as approval of the submitted request. If the Adopting Governing Body’s appointed Wildfire Resiliency Code Official is unwilling or unable to grant approval of those requests, the Adopting Governing Body may ask (within the allotted 25-days) for assistance from the Division; the submittal of a completed Advanced Delegation Agreement will be required, which will designate the Division as the Adopting 4.8 Where the Division serves as the inspection and plan review authority, a business entity or person that is the subject of, and adversely affected by, a decision made by a Division plan reviewer or inspector or by a special inspector pursuant to these rules, may appeal such action to the Board of Appeals formed by the Adopting Governing Body and in accordance with the Adopting Governing Body’s related rules. If the Adopting Governing Body is unwilling or unable to respond to requests for appeal, it may ask (within the allotted 25-days) for assistance from the Division; the submittal of a completed Advanced Delegation Agreement will be required, which will designate the Division as the Adopting 4.9 Where the Division has been designated as the Wildfire Resiliency Code Official by the Adopting Governing Body through a completed Advanced Delegation Agreement, the Division shall be charged with the administration and enforcement of the Colorado Wildfire Resiliency Code adopted in Article 3 of these rules and shall assume all duties of the Wildfire Resiliency Code Official for the duration of the designation. 4.10 An Adopting Governing Body may request the Division to serve as the inspection and plan review authority for only one of the two required elements listed in the adopted Colorado Wildfire Resiliency Code (Structure Hardening or Site and Area). In such cases, the Adopting Governing Body’s appointed Wildfire Resiliency Code Official remains the Wildfire Resiliency Code Official, and the Adopting Governing Body cannot designate the Division as the Adopting 4.11 Where the Division serves as the inspection and plan review authority or has been designated as the Wildfire Resiliency Code Official by the Adopting Governing Body through a completed Advanced Delegation Agreement, it is the responsibility of the Adopting Governing Body to make it known to all interested and affected parties that this arrangement is in place and that all plan review and inspection inquiries and applications shall be made to the Division.

ARTICLE 5 – Construction Permit Application 5.1 Preliminary Application Package Review 5.1.1 For any construction project, the applicant or the Division may request and hold a preliminary review meeting with the Division and the local Wildfire Resiliency Code Official, if necessary and available, at the appropriate design stage of document preparation. 5.1.2 If a preliminary review meeting is requested, the following items should be included in the preliminary review package:

A) A key plan or site plan as applicable, showing the property address(s) (or legal description), boundaries, existing buildings, proposed buildings and/or additions, parking lots, fenced areas, fire hydrants, fire equipment access, water supply, location of existing vegetation, and topography.

B) Sufficient documentation to illustrate and describe the design of the project, establishing the scope, relationships, forms, size and appearance of the project by means of plans, sections and elevations, typical construction details, and equipment layouts. The documents shall include outline specifications that identify major materials and systems and establish in general their quality levels.

C) A code plan that includes the following minimum information:

i. Calculation of the allowable and actual square footage of the new construction.

ii. The floor plan of all new construction, existing to remain, and remodel areas.

iii. The proposed occupancy group(s) of the building. Include daytime use and after-hours use occupancy groups where applicable.

iv. All exterior fire rated construction.

v. Current site layout, including location and type of all vegetation and slopes present.

vi. Proposed site and area modifications. 5.1.3 The Division and the local Wildfire Resiliency Code Official may request a meeting or virtual conference, in a timely manner, at any time during the preliminary review. All parties shall make reasonable accommodation for such requested meeting or virtual conference. 5.2 Construction Permit Application Submittal 5.2.1 A complete plan review application package must be submitted to the Division not less than sixty (60) days prior to beginning construction. The applicant may request from the Division an exemption to the 60-day minimum submittal period, which will be considered on a case-by-case

basis. 5.2.2 The permit application requirements are available on the Division’s website. 5.2.3 The construction permit application package shall be concurrently submitted to the Division and to the local Building Code Official, Fire Code Official, and Wildfire Resiliency Code Official, if applicable. 5.3 Plan Review and Permitting 5.3.1 The Division will notify the applicant upon receipt of a complete construction permit application submittal or if the construction permit application is incomplete. 5.3.2 The Wildfire Resiliency Code plan review shall be completed by a certified plans examiner within the Division. 5.3.3 The Division and/or the applicant may request a meeting or virtual conference at any time during the construction document review. The Division shall make reasonable accommodation for such meetings or virtual conferences. 5.3.4 Upon completion of the plan review, the Division will provide the applicant and the local Wildfire Resiliency Code Official, if applicable, with a comprehensive list of corrections from the wildfire resiliency code review to be addressed prior to the issuance of a Construction Permit. This list of corrections shall not be considered as all-inclusive and may not be considered as approval of any condition in violation of applicable code.

Once all corrections have been satisfactorily addressed, the Division shall issue the Construction Permit. A copy of the permit shall be made available to the local Wildfire Resiliency Code Official, if applicable. 5.4 Required Construction Permits for Building, Fire Protection, and/or Life Safety Systems Compliance 5.4.1 Permit submittals for building, fire protection, and/or life safety systems required by the local Fire and/or Building Code Officials shall be submitted for plan review and permit issuance in accordance with the requirements established by the local Building or Fire Code Official for review and approval prior to beginning construction of the building or the installation of the system or systems. 5.4.2 Minimum qualifications for fire suppression system design and installation.

A) Any installation, modification, alteration, or repair of a fire suppression system shall be in accordance with 8 CCR 1507-11 Fire Suppression Program.

B) Only Certified Fire Inspectors for Qualified Fire Departments, as defined by Section 24- 33.5-1202(2.5), C.R.S. who are certified at the appropriate level for the task being performed, may inspect the installation of Fire Suppression Systems in accordance with 8 CCR 1507-11 Fire Suppression Program. 5.5 Ground-Truthing Reviews 5.5.1 Where the Division has been designated as the Wildfire Resiliency Code Official by the Adopting Governing Body through a completed Advanced Delegation Agreement, a request for ground-truthing in accordance with the codes adopted in Article 3 of these rules may be made to the Division. 5.5.2 Ground-truthing shall be conducted and documented by a qualified individual who has been approved by the Division and contracted by the permit owner. Individuals requesting approval from the Division to conduct ground-truthing shall be certified as a Special Inspector by the Division and submit the following items for review:

A) Complete application form for a Ground-Truthing Professional, which is available from the Division website.

B) Provide a resume and sufficient proof of qualification including proof of national certifications, or description of equivalent education, training, and experience. 5.5.3 Ground-truthing documents submitted to the Division for review shall contain all the elements and in the manner outlined in the codes adopted in Article 3 of these rules. 5.5.4 Upon completion of the ground-truthing document review, the Division will issue a decision as to whether the request for modification to the Fire Intensity Classification has been approved or denied based on the information provided. The Division shall send copies of the ground-truthing decision to the permit owner or their representative.

ARTICLE 6 – Construction Inspections 6.1 Wildfire Resiliency Code Inspections 6.1.1 Construction or work for which a permit is required shall be subject to inspection by the Division, or by a Delegated Wildfire Resiliency Code Inspector or a Special Inspector contracted by the permit owner. Such construction or work shall remain accessible and exposed for inspection purposes until approved. Neither the Division nor a Special Inspector or a Delegated Wildfire Resiliency Code Inspector contracted by the permit owner shall be liable for expenses entailed in the removal or replacement of any material required to allow inspection. 6.1.2 The Division may choose to conduct Remote Inspections. When conducting a remote inspection, the Division shall follow the standards outlined in NFPA 915, Standard for Remote Inspections and Tests – 2024 Edition, First Printing: May 2023 (Copyright 2023 by National Fire Protection Association). This rule does not include later amendments or editions of the standard. The Division will maintain an electronic copy of the complete text of the adopted standard, which is available for public inspection during regular business hours. Interested parties may inspect the referenced incorporated materials and/or obtain certified copy of the adopted standard for a reasonable fee by contacting the Fire and Life Safety Section Chief at the Division, 1697 Cole Blvd, Lakewood, CO, 80401 and/or the State Depository Libraries. Copies of the adopted codes and standards are available directly from the organization originally issuing the standards: the National Fire Protection Association, reached by calling 800-344-3555 or on the web at www.nfpa.org. 6.1.3 The permit owner may hire and compensate Delegated Wildfire Resiliency Code Inspectors certified by the Division to perform inspections. A list of certified Delegated Wildfire Resiliency Code Inspectors will be posted on the Division website. If the permit owner chooses not to hire a Delegated Wildfire Resiliency Code Inspector, the Division shall conduct the required inspections.

A) Prior to commencement of construction on projects utilizing Delegated Wildfire Resiliency Code Inspections, the permit owner shall notify the Division of the designated Delegated Wildfire Resiliency Code Inspector for the permitted project. The notification shall be made in writing using a form provided by the Division. The Division may request a preconstruction meeting with the permit owner, the contractor hired to perform the work, and the certified Delegated Wildfire Resiliency Code Inspector.

B) The Division shall require a sufficient number of Delegated Wildfire Resiliency Code inspection reports to be submitted by the inspector based upon the scope and cost of the project to ensure quality inspections are performed. Concurrent with the permit approval, the Division shall issue an Inspection Card specifying the applicable required inspections.

C) The inspection card shall be on site throughout the duration of the project.

D) Violation of Delegated Wildfire Resiliency Code Inspection Requirements: If the Division finds that inspections are not completed satisfactorily, or that all violations are not corrected, the Division shall take enforcement action pursuant to Article 10 of these rules and may not allow the use of Delegated Wildfire Resiliency Code Inspectors on the next project undertaken by the permit owner. 6.1.4 For permits issued by the Division, the final inspection shall be conducted only by the Division, after all work required by the permit is completed.

Mid-construction inspections may be performed to observe progress and verify compliance as deemed necessary by the Division. 6.1.5 Delegated Wildfire Resiliency Code Inspectors shall include their printed name and state certification number in the appropriate location on the inspection report or card. 6.2 Building Code Inspections 6.2.1 Project sites shall be inspected by the Building Code Official, if applicable, to verify compliance with the locally adopted Building Code and approved construction documents. 6.2.2 Results of all inspections shall be documented in the manner required by the local Building Code Official. 6.3 Fire Code Inspections 6.3.1 Project sites shall be inspected by the Fire Code Official, if applicable, to verify compliance with the locally adopted Fire Code and approved construction documents. 6.3.2 Results of all inspections shall be documented in the manner required by the local Fire Code Official. 6.4 Inspection Request Notification to the Division 6.4.1 The Division shall be provided with notification in writing no later than noon on the Thursday in the week preceding the requested inspection.

The Division will make all reasonable efforts to provide the inspection on the requested day or time, provided an inspector is available. If the inspection schedule is full, an alternate day and time will be proposed. 6.4.2 It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code. 6.4.3 Work will not be done beyond the point indicated in each successive inspection without first obtaining the approval from the Division. The inspector, upon notification, will perform the requested inspections. 6.5 Stop Work Orders Issued by the Division 6.5.1 Where the Division has been designated as the Wildfire Resiliency Code Official by the Adopting Governing Body through a completed Advanced Delegation Agreement, if the Division finds any work regulated by these rules being performed in a manner either contrary to the provisions of these rules or dangerous or unsafe, the Division is authorized to issue a stop work order. 6.5.2 The stop work order will be in writing and will be given to the Business Entity, the Designated Representative, or the person doing the work. Upon issuance of a stop work order, the cited work must immediately cease.

The stop work order will state the reason for the order and the conditions under which the cited work will be permitted to resume. 6.5.3 Any person who continues any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, will be subject to penalties as prescribed by these rules.

ARTICLE 7 – Certificate of Completion 7.1 The building or structure shall not be occupied until a Certificate of Completion has been issued by the Division. 7.2 Certificates of Completion will be issued based on the codes in effect at the time of permitting. No Certificate of Completion will be issued until compliance with the applicable codes and standards, including those adopted by the local Building and/or Fire Code Official, has been demonstrated through record review of local Building and/or Fire Code Official’s documents of inspection and certification, Division inspection and certification, or other appropriate documentation, showing the building to be in conformance with applicable codes and standards. A copy of the Certificate of Completion shall be made available to the local Wildfire Resiliency Code Official, if applicable. 7.3 For site and area design work that has not been completed at the time of the final inspection, the Division may issue a Certificate of Completion if a completed, signed, and agreed to affidavit of intent to meet the site and area design requirements have been submitted by the permit owner.

ARTICLE 8 – Maintenance And Complaint Inspections and Maintenance 8.1 Maintenance and Complaint Inspections 8.1.1 Nothing in these rules prohibits the fire department providing fire protection services from conducting routine assessments of buildings and structures or prevents the department from correcting violations that pose an immediate threat to life safety. Additionally, nothing in these rules prohibits the fire department from seeking enforcement action in a court of competent jurisdiction. 8.1.2 A fire department providing fire protection service for buildings and structures in their jurisdiction that chooses to perform Fire Code inspections may refer notices of deficiencies related to the adopted Colorado Wildfire Resiliency Code to the Division for evaluation and enforcement, where the Division has been designated as the Wildfire Resiliency Code Official by the Adopting Governing Body through a completed Advanced Delegation Agreement.

A) Notices of deficiencies and requests for evaluation and enforcement shall be submitted in writing, using the method and form designated by the Division. 8.2 Maintenance 8.2.1 The owner or the owner’s authorized agent shall be responsible for the maintenance of buildings, structures, landscape materials and vegetation.

Buildings, structures, landscape materials, vegetation, defensible space or other devices or safeguards required by the adopted Colorado Wildfire Resiliency Code shall be maintained in conformance to the code edition under which they are installed.

ARTICLE 9 – Special Inspectors and Delegated Wildfire Resiliency Code Inspectors 9.1 Inspectors shall be certified in accordance with the provisions of 8 CCR 1507 – 101 BUILDING AND FIRE CODE ADOPTION AND CERTIFICATION OF INSPECTORS FOR FIRE & LIFE SAFETY PROGRAMS ADMINISTERED BY THE STATE OF COLORADO. 9.2 Special Inspectors 9.2.1 Duties of Special Inspectors A) Special Inspectors, contracted by the permit owner, shall conduct the required special inspections, and require corrections or modifications as necessary to ensure that a building or structure is constructed in conformity with the code adopted in Article 3 of these rules.

B) Special Inspectors, contracted by the permit owner, shall enforce only the code adopted in Article 3 of these rules.

C) The permit owner shall only use Special Inspectors that are certified by the Division to perform the required Special Inspections on projects permitted under these rules.

D) Special Inspectors, contracted by the permit owner, shall provide copies of their inspection report to the Division.

E) Special Inspectors contracted by the permit owner shall attest that special inspections are complete and all violations are corrected before the Division issues a Certificate of Completion. The certified Special Inspector shall retain inspection records for two years after the Certificate of Completion is issued. 9.2.2 Special Inspector Application A) Applicants shall complete the following items for application as a Certified Special Inspector.

i. Complete the application form for Special Inspector.

ii. Provide documentation for qualifications in conformance with the adopted code.

iii. Pay the required certification fee as specified for Inspectors in 8 CCR 1507-101. 9.3 Delegated Wildfire Resiliency Code Inspectors 9.3.1 Duties of Delegated Wildfire Resiliency Code Inspectors A) Delegated Wildfire Resiliency Code Inspectors, contracted by the permit owner, shall conduct the required inspections, and require corrections or modifications as necessary to ensure that a building and/or site and area are constructed in conformity with the code adopted in Article 3 of these rules.

B) Delegated Wildfire Resiliency Code Inspectors, contracted by the permit owner, shall enforce only the codes adopted in Article 3 of these rules.

C) The permit owner shall only use inspectors that are certified by the Division to work on Wildfire Resiliency Code projects.

D) Delegated Wildfire Resiliency Inspectors contracted by the permit owner shall cause copies of their inspection reports to be sent to the Division.

E) Delegated Wildfire Resiliency Code Inspectors contracted by the permit owner shall attest that inspections are complete and all violations are corrected before the Division issues a Certificate of Completion. The Delegated Wildfire Resiliency Code Inspectors shall retain inspection records for two years after the Certificate of Completion is issued. 9.3.2 Applicants shall complete the following items for application as a Delegated Wildfire Resiliency Code Inspector:

A) Complete the application form for Delegated Wildfire Resiliency Code Inspector certification, which is available from the Division website. For the purposes of this rule, a Delegated Wildfire Resiliency Code Inspector shall follow the same process and pay the same fees as a Delegated Building Inspector as outlined in 8 CCR 1507-101 BUILDING AND FIRE CODE ADOPTION AND CERTIFICATION OF INSPECTORS FOR FIRE & LIFE SAFETY PROGRAMS ADMINISTERED BY THE STATE OF COLORADO.

B) Provide a resume and sufficient proof of qualification including proof of national certifications, or description of equivalent education, training and experience.

C) Pay the required certification fee.

ARTICLE 10 – Enforcement 10.1 The Director of the Division shall enforce the requirements of the codes adopted in Article 3 of these rules in accordance with the provisions of Section 24-33.5- 1213, C.R.S. 10.1.1 The Director may issue a notice of violation to a person who is believed to have violated the provisions of the Codes as determined by an inspection in accordance with the procedures described in Section 24-33.5-1213, C.R.S. 10.1.2 An enforcement order issued pursuant to Section 24-33.5-1213, C.R.S. may impose a civil penalty, depending upon the severity of the alleged violation, not to exceed five hundred dollars per violation, for each day of violation; except that the Director may impose a civil penalty not to exceed one thousand dollars per violation, for each day of violation, that results in, or may reasonably be expected to result in, serious bodily injury. 10.1.3 The Director may file suit in the district court in the judicial district in which a violation is alleged to have occurred to judicially enforce an enforcement order issued pursuant to Section 24-33.5-1213, C.R.S. 10.2 A person who is the subject of, and is adversely affected by, a notice of violation or enforcement order issued pursuant to this Article 10 may appeal such action to the Executive Director of the Department of Public Safety. The Executive Director shall hold a hearing to review such notice or order and take final action in accordance with Title 24, Article 4, C.R.S. Final agency action shall be subject to judicial review pursuant to Title 14, Article 4, C.R.S. 10.3 It is not the intent of this Article 10 to remove, limit, or modify enforcement

authority of the fire department providing fire protection service for buildings or structures within their jurisdiction.

ARTICLE 11 – Appeals 11.1 Where the Division has been designated as the Wildfire Resiliency Code Official by the Adopting Governing Body through a completed Advanced Delegation Agreement, a business entity or person that is the subject of, and adversely affected by, a decision or interpretation made by a Division plan reviewer or inspector or by a special inspector pursuant to these rules, may appeal such action to the Board of Appeals formed by Section 24-33.5-1213.7, C.R.S. 11.2 The affected party shall first contest the preliminary code interpretation to the Division. After consideration, the Division will issue its final code determination on the matter. 11.3 If the affected party still disagrees with a decision made by the Division, it may appeal to the Director. After consideration, the Director or their designee shall issue the Division’s final written decision on the matter. 11.4 If the affected party still disagrees, it may appeal to the Board of Appeals. The appeal shall be filed within thirty days after the date of the final written decision by the Director or their designee. Upon receipt of an appeal, the Division shall notify the Chair of the Board of Appeals and schedule a hearing no more than fifteen days after the date the appeal was filed. 11.5 An application for appeal shall be based on a claim that the true intent of this code or the standards legally adopted therein have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The Board of Appeals shall not waive any requirements of the codes or standards; however, the Board of Appeals may recommend alternative materials or methods as provided in the codes or standards. The final written decision of the Board of Appeals is final agency action for purposes of

Section 24-4-106, C.R.S.

ARTICLE 12 – Fees and Charges 12.1 Inspector Certification Fees: The Division shall charge the fees for inspector certifications as specified in 8 CCR 1507-101 BUILDING AND FIRE CODE ADOPTION AND CERTIFICATION OF INSPECTORS FOR FIRE & LIFE SAFETY PROGRAMS ADMINISTERED BY THE STATE OF COLORADO. 12.2 Plan review, construction permit, and inspection fees 12.2.1 The Division shall charge a fee for plan review and issuance of a permit to cover the actual, reasonable, and necessary expenses of the Division for those expenses related to the Wildfire Resiliency Code Enforcement Program. 12.2.2 The plan review, construction permit, and inspection fees for new construction. Including the construction of an addition to an existing structure, are as follows:

A) The Fee for Wildfire Resiliency Code reviews performed by the Division for new one- and two-family dwellings or any addition thereto will be subject to a base fee of $300.00.

B) The Fee for Wildfire Resiliency Code reviews performed by the Division for new accessory structures equal to or less than 2,500 square feet in size, will be subject to a base fee of $150.00.

C) The Fee for Wildfire Resiliency Code reviews performed by the Division for any new building or structure other than a one- and two-family dwelling or an addition thereto or an accessory structure greater than 2,500 square feet in size will be subject to a base fee of $1000.00. 12.2.3 The plan review, construction permit, and inspection fees for modifications to existing structures, not including additions, are as follows:

A) The Fee for Wildfire Resiliency Code reviews performed by the Division for modifications to existing one- and two-family dwellings will be subject to a base fee of $150.00.

B) The Fee for Wildfire Resiliency Code reviews performed by the Division for modifications to any existing building or structure other than a one- and two-family dwelling, will be subject to a base fee of $500.00. 12.2.4 Where the Division serves as the inspection and plan review authority for only one of the two required elements listed in the adopted Colorado Wildfire Resiliency Code (Structure Hardening or Site and Area), one-half of the fees listed above shall be applied. 12.2.5 In addition to the base fees listed above, ground-truthing document reviews performed by the Division will be subject to a fee of $100.00. 12.2.6 No less than half of the required fees must be submitted prior to commencement of plan review and the remaining fees must be submitted prior to permit issuance. Inspections, if applicable, shall not be performed until the remainder of the required fees have been paid. 12.2.7 Additional Inspection fees: The Division may assess a $100 reinspection fee for each inspection required to reinspect a building or element of a building that failed to pass initial inspection of that building or element. 12.2.8 Off-hours inspections: The Division may assess an additional off-hours inspection fee of $100 for inspections requested outside of normal business hours.

A) Normal inspection hours are Monday through Friday between 7:00 am and 5:00 pm.

B) Off-hours inspections are scheduled on an “as-available” basis. The Division is not obliged to provide inspections outside of normal operating hours if an inspector is not available. 12.2.9 Work commenced before a permit is issued shall be subject to a fee in addition to the required permit fee. 12.2.10 Fees are charged per building or structure. 12.2.11 Failure to pay for inspections performed shall result in a notice of violation and enforcement in accordance with Article 10 of these rules. 12.2.12 Division fees do not include costs associated with inspections conducted by local building and/or fire departments or by Special or Delegated Wildfire Resiliency Code Inspectors. 12.3 The Director of the Division will review the fund balance periodically and may reduce or increase the fee amounts, if necessary, pursuant to Section 24-75-402 (3) and 24-75-402 (4), C.R.S. 12.4 Fees may be waived or modified when appropriate at the discretion of the Director or their designee. Requests for waivers or modification shall be in writing.

ARTICLE 13 – Inquiries 13.1 Questions, clarification, or interpretation of these Rules should be addressed in writing to: Fire & Life Safety Section Chief, Colorado Division of Fire Prevention and Control, 1697 Cole Blvd., Suite 200, Lakewood, CO 80401. Telephone number: (303) 239-4100.

Editor’s Notes

History Entire rule eff. 07/15/2026.

8 CCR 1507-101 Building and Fire Code Adoption and Certification of Inspectors for Fire & Life Safety Programs Administered by the State of Colorado {#sec-8-ccr-1507-101 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-101}

DEPARTMENT OF PUBLIC SAFETY

BUILDING AND FIRE CODE ADOPTION AND CERTIFICATION OF INSPECTORS FOR FIRE & LIFE

SAFETY PROGRAMS ADMINISTERED BY THE STATE OF COLORADO

8 CCR 1507-101 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ APPLICABILITY These rules and regulations apply to all buildings and life safety systems subject to the oversight of the Colorado Department of Public Safety, Division of Fire Prevention and Control and persons conducting Fire and Life Safety and Building Code plan reviews and inspections on behalf of the Division pursuant to the provisions of Sections 44-30-515, 24-4-103, 24-33.5-2003 and 2008, C.R.S. and Title 24, Article 33.5,

Part 12.

ARTICLE 1 - AUTHORITY TO ADOPT RULES AND REGULATIONS 1.1 The Director of the Division of Fire Prevention and Control is authorized by the provisions of

Section 24-33.5-1203.5, C.R.S. to promulgate rules in order to carry out the duties of the Division of Fire Prevention and Control. 1.2 Statutory Authority to Adopt Codes and Standards 1.2.1 Section 44-30-515, C.R.S. establishes the authority and duty of the Division of Fire Prevention & Control to establish minimum safety standards for limited gaming structures. 1.2.2 Section 24-33.5-1203.5(2), C.R.S. establishes the authority and duty of the Director of the Division of Fire Prevention & Control to establish minimum codes and standards for waste tire facilities. 1.2.3 Section 24-33.5-1212.5, C.R.S. establishes the authority and duty of the Director of the Division of Fire Prevention & Control to establish minimum codes and standards for health facility buildings or structures. 1.2.4 Sections 24-33.5-1213.3, 22-32-124, and 23-71-122, C.R.S. establish the authority and duty of the Director of the Division of Fire Prevention & Control to establish minimum codes and standards for public school buildings or structures. 1.2.5 Section 24-33.5-1206.3, C.R.S. establishes the authority and duty of the Director of the Division of Fire Prevention & Control to establish minimum codes and standards for the design, installation, inspection, and testing of fire suppression systems in commercial and residential structures. 1.2.6 Section 24-33.5-2004(7), C.R.S. establishes the authority and duty of the Director of the Department of Public Safety to promulgate rules to implement the provision of part 20, including the adoption of minimum standards for the discharge of fireworks, as required by Section 24-33.5-2003, C.R.S. 1.2.7 Section 24-33.5-2008, C.R.S. establishes the authority and duty of the Director of the Division of Fire Prevention & Control to establish minimum codes and standards for the storage of fireworks in an area where the governing body has not adopted a fire code. 1.3 Statutory Authority to Certify Inspectors 1.3.1 Section 24-33.5-1211, C.R.S. establishes the authority and duty of the Division to certify persons to conduct Fire and Life Safety Code plan reviews and inspections on behalf of the Division. 1.3.2 Section 24-33.5-1213.5, C.R.S. establishes the authority and duty of the Division to certify persons to conduct Third-party Building Code inspections, hereafter referred to as Delegated Building Inspectors, on behalf of the Division. 1.3.3 Section 24-33.5-1206.4, C.R.S. establishes the authority and duty of the Division to certify a person to conduct fire suppression system inspections and plan reviews on behalf of the Division.

ARTICLE 2 - DEFINITIONS 2.1 The definitions provided in Section 24-33.5-1202, C.R.S. apply to these rules. The following additional definitions also apply:

“Authority Having Jurisdiction” or “AHJ” means the Division, Building Department, Fire Chief, Fire Marshal, or other designated official of a county, municipality, special authority, or special district that has code enforcement responsibilities and employs a building inspector or certified fire inspector.

“Building Department” means the Building Department (or a contracted third party acting on their behalf) of the Division, authority, county, town, city, or city and county.

“Business Entity” means any organization or enterprise and includes, but is not limited to, a sole proprietor, an association, corporation, business trust, joint venture, limited liability company, limited liability partnership, partnership or syndicate. For the purposes of these rules, the Business Entity may elect to be represented by a designated representative through a written delegation of authority.

“Certificate of Compliance” means an official document issued by applicable local building and/or fire code Authority Having Jurisdiction and approved by the Division, stating that materials and products meet specified standards, or that work was performed in compliance with approved construction documents.

“Certificate of Occupancy” means an official document issued by the Authority Having Jurisdiction which authorizes a building or structure to be used or occupied for a specified

purpose.

“Construction” means work that is not considered as maintenance or service and that requires a permit as prescribed in the adopted codes and standards of the local Authority Having Jurisdiction or the Division.

“C.R.S.” means Colorado Revised Statutes.

“Delegated Building Inspector” means building inspectors that have been certified by the Division to perform delegated inspection services in accordance with Article 4.1 of these rules.

(Previously known as Third Party Inspectors.)

“Department” means the Department of Public Safety.

“Designated Representative” means a person designated by the Business Entity to act on their behalf through a written delegation of authority and is allowed to act in such manner as outlined in these rules.

“Director” means the Director of the Division of Fire Prevention and Control.

“Division” means the Division of Fire Prevention and Control in the Department of Public Safety.

“Executive Director” means the Executive Director of the Colorado Department of Public Safety.

“Fire Code Official” means the designated authority charged with the administration and enforcement of the Fire Code.

“ICC” means the International Code Council.

“Individual” or “Person” means a person, including an owner, manager, officer, employee, or individual.

“Inspection, Testing, and Maintenance Program” means a program conducted by the building owner to satisfy the periodic inspection, testing, and maintenance requirements of fire protection and life safety systems as required by applicable codes and standards.

“Installation” means the initial placement of equipment or the extension, modification, or alteration of equipment after the initial placement.

“Maintenance” means to sustain in a condition of repair that will allow performance as originally designed or intended. Maintenance does not include replacement of elements of a system which alter the performance criteria of the system as approved by the Authority Having Jurisdiction.

“Maintenance and Complaint Inspections” means periodic inspections or inspections conducted based on an allegation of nonconformance conducted by the local fire department or the Division to verify conformance with the adopted codes, rules, and standards. Such inspections are not to be considered to relieve the building owner of the responsibility to conduct an inspection, testing, and maintenance program for fire protection and life safety systems as required by the adopted codes, rules, and standards.

“NICET” means the National Institute for Certification in Engineering Technologies.

“NFPA” means the National Fire Protection Association.

“Qualified Fire Department” means a fire department that has Certified Fire Inspectors at the appropriate level for the fire prevention-related task being performed and provides fire protection service for the Business Entity’s buildings and structures.

“Service (Or Repair)” means to repair in order to return the system to operation as originally designed or intended.

“Special Inspector” means individuals that have been certified by the Division to perform special inspections services in accordance with Article 4.1 of these rules.

“Temporary Certificate of Occupancy” means an official document issued by the Authority Having Jurisdiction which authorizes a building or structure to be temporarily used or occupied for a period not to exceed ninety (90) days, unless an extension has been granted by the Authority Having Jurisdiction.

“Third-Party Inspector” means building inspectors that have been certified by the Division to perform third party inspection services in accordance with Article 4.1 of this rule.

ARTICLE 3 - CODES, DOCUMENTS, AND STANDARDS INCORPORATED BY REFERENCE 3.1 The technical requirements of these rules are supported primarily by codes developed by the International Code Council and the National Fire Protection Association. These two organizations are membership associations dedicated to building safety and fire prevention. These rules establish minimum requirements where the Division is the Authority Having Jurisdiction for building systems using prescriptive and performance related provisions, which are widely used to construct residential and commercial buildings. The appropriate portions of the adopted codes (particularly in relation to classification of occupancy) will be applied as prescribed by the adopted codes themselves. Where there are differing provisions for new and existing construction, all new work taking place after July 1, 2021, must meet the requirements for new construction, as amended by the provisions of IEBC and NFPA 101, and subject to the restrictions of Section 3.4.2 of these rules. 3.2 The following codes and their referenced standards are adopted and promulgated as minimum standards for the construction and maintenance of all property, buildings, and structures subject to the oversight of the Colorado Department of Public Safety, Division of Fire Prevention and Control pursuant to the provisions of Section 44-30-515, C.R.S. and C.R.S. Title 24 Article 33.5 Part 12. 3.2.1 The following Building Codes are adopted by these regulations. Wherever Division or Department regulations refer to a Building Code, the following codes and standards will be enforced by the Division where applicable:

Colorado Model Electric Ready and Solar Ready Code – 2023 Edition, First Printing:

June 1, 2023 (Copyright 2023 by Colorado Energy Office).

Colorado Wildfire Resiliency Code – 2025 Edition, First Printing: June 1, 2025 (Copyright 2025 by the Colorado Division of Fire Prevention & Control).

International Building Code - 2021 Edition, First Printing: October 2020 (Copyright 2020 by International Code Council, Inc. Washington D.C.).

International Mechanical Code - 2021 Edition, First Printing: March 2020 (Copyright 2020 by International Code Council, Inc. Washington D.C.).

International Energy Conservation Code - 2021 Edition, First Printing: January 2021 (Copyright 2021 by International Code Council, Inc.).

International Existing Building Code - 2021 Edition, First Printing: December 2020 (Copyright 2020 by International Code Council, Inc.).

International Residential Code - 2021 Edition, First Printing: December 2020 (Copyright 2020 by the International Code Council, Inc. Washington, D.C.).

Printing: October 2020 (Copyright 2020 by National Fire Protection Association). This supersedes all references to NFPA 170 within the International Building Code. 3.2.2 The following Fire Codes are adopted by these regulations. Wherever Division or Department regulations refer to a Fire Code, the following codes and standards will be enforced where applicable:

International Fire Code - 2021 Edition, First Printing: October 2020 (Copyright 2020 by the International Code Council, Inc. Washington, D.C.).

NFPA 3 Standard for Commissioning of Fire Protection and Life Safety Systems - 2021 NFPA 4 Standard for Integrated Fire Protection and Life Safety System Testing - 2021 NFPA 99 Health Care Facilities Code – 2012 Edition, Fourth Printing: April 2013 (Copyright 2011 by National Fire Protection Association). This supersedes all references to NFPA 99 within the International Fire Code.

Printing: October 2020 (Copyright 2020 by National Fire Protection Association). This supersedes all references to NFPA 170 within the International Fire Code. 3.2.3 The following Life Safety and Health Facility Construction Codes and Standards are adopted by these regulations. Wherever Division regulations refer to a Life Safety Code, the following codes, standards, and guidelines will be enforced where applicable:

NFPA 101 Life Safety Code – 2012 Edition, First Printing: September 2011 (Copyright 2011 by National Fire Protection Association).

NFPA 101A Guide on Alternative Approaches to Life Safety – 2013 Edition, First Printing:

June 2013 (Copyright 2013 by National Fire Protection Association).

NFPA 99 Health Care Facilities Code – 2012 Edition, Fourth Printing: April 2013 (Copyright 2011 by National Fire Protection Association).

NFPA 3 Standard for Commissioning of Fire Protection and Life Safety Systems - 2015 Edition (Copyright 2015 by National Fire Protection Association Inc.).

NFPA 4 Standard for Integrated Fire Protection and Life Safety System Testing - 2015 Edition (Copyright 2015 by National Fire Protection Association Inc.).

Printing: October 2020 (Copyright 2020 by National Fire Protection Association). This supersedes all references to NFPA 170 within the Life Safety Code. 3.2.4 The following standards are adopted by the Division for the design, installation, and maintenance of Fire Suppression Systems within the State of Colorado:

NFPA 3 Standard for Commissioning of Fire Protection and Life Safety Systems - 2021 NFPA 4 Standard for Integrated Fire Protection and Life Safety System Testing - 2021 NFPA 11 Standard for Low, Medium, and High Expansion Foam - 2016 Edition (Copyright 2015 by National Fire Protection Association Inc.).

NFPA 12 Standard for the Installation of Carbon Dioxide Extinguishing Systems - 2018 Edition (Copyright 2017 by National Fire Protection Association Inc.).

NFPA 12A Standard for the Installation of Halon 1301 Fire Extinguishing Systems - 2018 Edition (Copyright 2017 by National Fire Protection Association Inc.).

NFPA 13 Standard for the Installation of Sprinkler Systems - 2019 Edition, (Copyright 2018 by National Fire Protection Association Inc.).

NFPA 13D Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes - 2019 Edition (Copyright 2018 by National Fire Protection Association Inc.).

NFPA 13R Standard for the Installation of Sprinkler Systems in Low-Rise Residential Occupancies - 2019 Edition (Copyright 2018 by National Fire Protection Association Inc.).

NFPA 14 Standard for the Installation of Standpipe and Hose Systems - 2019 Edition (Copyright 2018 by National Fire Protection Association Inc.).

NFPA 15 Standard for Water Spray Fixed Systems for Fire Protection - 2017 Edition (Copyright 2016 by National Fire Protection Association Inc.).

NFPA 16 Standard for the Installation of Foam-Water Sprinkler and Foam-Water Spray Systems - 2019 Edition (Copyright 2018 by National Fire Protection Association Inc.).

NFPA 17 Standard for Dry Chemical Extinguishing Systems - 2021 Edition (Copyright 2020 by National Fire Protection Association Inc.).

NFPA 17A Standard for Wet Chemical Extinguishing Systems - 2021 Edition (Copyright 2020 by National Fire Protection Association Inc.).

NFPA 18 Standard for Wetting Agents - 2021 Edition (Copyright 2020 by National Fire NFPA 18A Standard for Water Additives for Fire Control and Vapor Mitigation - 2017 Edition (Copyright 2016 by National Fire Protection Association Inc.).

NFPA 20 Standard for the Installation of Stationary Pumps for Fire Protection - 2019 Edition (Copyright 2018 by National Fire Protection Association Inc.).

NFPA 22 Standard for Water Tanks for Private Fire Protection - 2018 Edition (Copyright 2017 by National Fire Protection Association Inc.).

NFPA 24 Standard for the Installation of Private Fire Service Mains and Their Appurtenances - 2019 Edition (Copyright 2018 by National Fire Protection Association Inc.).

NFPA 25 Standard for the Inspection, Testing, and Maintenance of Water Based Fire Protection Systems - 2020 Edition (Copyright 2019 by National Fire Protection Association Inc.).

A. In the Division’s adoption of NFPA 25 (2020 edition), Section 5.3.4.4 is deleted in its entirety and replaced with the following: 5.3.4.4 Except as permitted by 5.3.4.4.1 and 5.3.4.4.3, all antifreeze systems shall utilize listed antifreeze solutions. 5.3.4.4.1* For systems installed prior to September 30, 2012, listed antifreeze solutions shall not be required where one of the following conditions is met:

(1)* The concentration of the antifreeze solution shall be limited to 30 percent factory premixed propylene glycol by volume or 38 percent factory premixed glycerine by volume.

(2)* Antifreeze systems with concentrations in excess of 30 percent but not more than 40 percent factory premixed propylene glycol by volume and 38 percent but not more than 50 percent factory premixed glycerine by volume shall be permitted based upon an approved deterministic risk assessment prepared by a qualified person approved by the authority having jurisdiction. 5.3.4.4.2 Newly introduced solutions shall be factory premixed antifreeze solutions (chemically pure or United States Pharmacopeia 96.5 percent). 5.3.4.4.3 Premixed antifreeze solutions of propylene glycol exceeding 30 percent concentration by volume shall be permitted for use with ESFR sprinklers where the ESFR sprinklers are listed for such use in a specific application.

NFPA 72 National Fire Alarm and Signaling Code - 2019 Edition (Copyright 2018 by National Fire Protection Association Inc.). (The documentation requirements of Sections 7.3, 7.4, 7.5, and 7.8 are hereby also adopted as part of these rules.)

Printing: October 2020 (Copyright 2020 by National Fire Protection Association).

NFPA 291: Recommended Practice for Fire Flow Testing and Marking of Hydrants - 2019 Edition (Copyright 2018 by National Fire Protection Association Inc.).

NFPA 409 Standard on Aircraft Hangars - 2016 Edition (Copyright 2015 by National Fire NFPA 418 Standard for Heliports - 2021 Edition (Copyright 2020 by National Fire NFPA 423 Standard for Construction and Protection of Aircraft Engine Test Facilities - 2016 Edition (Copyright 2014 by National Fire Protection Association Inc.).

NFPA 750 Standard on Water Mist Fire Protection Systems - 2019 Edition (Copyright 2018 by National Fire Protection Association Inc.).

NFPA 770 Standard on Hybrid (Water and Inert Gas) Fire-Extinguishing Systems - 2021 NFPA 1142 Standard on Water Supplies for Suburban and Rural Firefighting - 2017 Edition (Copyright 2016 by National Fire Protection Association Inc.).

NFPA 2001 Standard on Clean Agent Fire Extinguishing Systems - 2018 Edition (Copyright 2017 by National Fire Protection Association Inc.).

NFPA 2010 Standard for Fixed Aerosol Fire-Extinguishing Systems - 2020 Edition (Copyright 2019 by National Fire Protection Association Inc.). 3.2.5 The following Codes and Standards are adopted by these regulations. Wherever Division or Department regulations refer to a Code or Standard for persons dealing with fireworks, the following codes and standards will be enforced where applicable: 49 C.F.R. Part 173 as of July 1st, 2021; U.S. Department of Transportation.

NFPA 160 Standard for the Use of Flame Effects Before an Audience - 2021 Edition, First Printing: October 2020 (Copyright 2020 by National Fire Protection Association).

Printing: October 2020 (Copyright 2020 by National Fire Protection Association).

NFPA 1123, Code for Fireworks Display - 2018 Edition (Copyright 2017 by National Fire NFPA 1124, Code for the Manufacture, Transportation, and Storage, and Retail Sales of Fireworks and Pyrotechnic Articles - 2013 Edition, Printing: August 2012 (Copyright 2012 by National Fire Protection Association – Quincy, MA).

NFPA 1126, Code for the Use of Pyrotechnics Before a Proximate Audience - 2021 Edition (Copyright 2019 by National Fire Protection Association Inc.). 3.2.6 The following Codes and Standards are adopted by these regulations.

Wherever Division or Department regulations refer to Standards for Persons Performing Fire Inspections or Fire Plan Examinations, the following codes and standards will be enforced where applicable:

NFPA 1031, Standard for Professional Qualifications for Fire Inspector and Plan Examiner, 2014 Edition (Copyright 2013 by National Fire Protection Association Inc.). 3.2.7 The following Code is adopted by these regulations. The following Code is adopted for fire safety and prevention related to the operation of Mobile Food Establishments, as defined in Section 29-11.6-102 (6), C.R.S., for use by a local government in the local government’s establishment or adoption of a Fire Code:

International Fire Code - 2024 Edition, First Printing: October 2023 (Copyright 2023 by the International Code Council, Inc. Washington, D.C.). 3.3 The Division will maintain electronic copies of the complete texts of the adopted codes and standards, which are available for public inspection during regular business hours. Interested parties may inspect the referenced incorporated materials and/or obtain certified copies of the adopted codes for a reasonable fee by contacting the Fire and Life Safety Section Chief at the Division, 1697 Cole Blvd, Suite 200, Lakewood, CO 80401, and/or the Colorado State Publications Depository Libraries. Copies of the adopted codes and standards are available directly from the organization originally issuing the codes and standards: the Colorado Energy Office at 303-866-2100; the International Code Council, Inc., through the International Code Council, Inc., through the International Code Council Regional Office Bookstores, at 888-ICC- SAFE; the National Fire Protection Association at 800-344-3555; and the U.S. Department of Transportation rules, available via the Electronic Code of Federal Regulations. 3.4 In the event that a new edition of a code or standard is adopted, the code or standard current at the time of permit application will remain in effect through the work authorized by the permit. 3.4.1 This rule does not include later amendments or editions of the incorporated material. 3.4.2 In conjunction with Section 44-30-515(1)(a), C.R.S., no retroactive provisions of the adopted codes shall apply to any structure licensed for limited gaming and operating prior to July 1, 2011. In these cases, the construction provisions of the adopted building codes shall only apply to new construction or remodeling work taking place after July 1, 2011. 3.5 All electrical work shall be conducted, inspected, and approved in accordance with the provisions of the State of Colorado’s Electrical Board’s rules and regulations. 3.6 All plumbing work shall be conducted, inspected, and approved in accordance with the provisions of the State of Colorado’s Examining Board of Plumber’s rules and regulations.

ARTICLE 4 - BUILDING CODE AND FIRE CODE & SUPPRESSION SYSTEMS INSPECTOR

QUALIFICATION 4.1 Division, Special, and Delegated Building Code Inspectors 4.1.1 Wherever Division regulations refer to Division, Special, and Delegated Building Inspectors, they must be qualified as Delegated or Special Inspectors in accordance with this Article 4.1. 4.1.2 Applicants seeking initial or renewal of Building Code Inspector certification must have the following minimum qualifications:

A. Delegated Building Inspector:

1. Hold current appropriate building inspector qualifications from ICC or other similar national organization (acceptable to the Division) and have demonstrated education, training, and experience; or 2. Have at least five (5) years of demonstrated education, training, and experience in commercial building inspections and receive national certification within one (1) year after the date of qualification. Qualified applicants that have at least five (5) years of demonstrated education, training, and experience in appropriate building inspections will be issued certifications for one (1) year. Certification renewal will be contingent on the applicant obtaining commercial building inspector certification from ICC or other similar national organization (acceptable to the Division) prior to the expiration date of the applicant's inspector certification.

B. Special Inspector:

1. Provide documentation of qualifications in conformance with the requirements of the code adopted by the Division. 4.1.3 Duties of Delegated Building Inspectors A. Delegated Building Inspectors contracted by the Business Entity shall conduct the required inspections and require corrections or modifications as necessary to ensure that a building or structure is constructed in conformity with the Building Code adopted by the Division.

B. Delegated Building Inspectors contracted by the Business Entity shall enforce only the codes adopted by the Division.

C. The Business Entity shall only use inspectors that are qualified by the Division to work on Health Facility or School projects. The Division shall be notified electronically in writing by the Business Entity of their selection of Delegated Building Inspectors and which inspections they will be conducting on behalf of the Division.

D. Delegated Building Inspectors contracted by the Business Entity shall cause copies of their inspection reports to be sent to the Division.

E. If all inspections are not completed but a building requires immediate occupancy, and if the Business Entity has passed the appropriate inspections that indicate there are no life safety issues, the qualified Delegated Building Inspectors contracted by the Business Entity shall notify the Division of the same. Upon receipt of this notice and review of the circumstances to ensure the safety of the temporary occupancy, the Division may issue a Temporary Certificate of Occupancy to allow the Business Entity to occupy the buildings and structures.

F. Limitations /Permissible Activities 1. A Delegated Building Inspector may not also be a registered contractor.

2. A Delegated Building Inspector may not work directly for, or contract with, a registered contractor or contractor for the provision of inspection 3. A Delegated Building Inspector may not work directly for, or contract with, a registered Design Professional whose company has been involved in the design or layout of the project.

3. A Delegated Building Inspector shall contract directly, or through their employer, with the affected School Board for the provision of inspection 4.1.4 Duties of Special Inspectors A. Special Inspectors contracted by the Business Entity shall conduct the required special inspections as outlined in the currently adopted building code and as required by the Statement of Special Inspections received from the Registered Design Professional in responsible charge or the Registered Engineer of Record.

B. Special Inspectors contracted by the Business Entity shall enforce only the codes adopted by the Division.

C. The Business Entity shall only use Special Inspectors that are qualified by the Division for the specific special inspections as required by the Statement of Special Inspections received from the Registered Design Professional in responsible charge or the Registered Engineer of Record to work on School projects.

D. Special Inspectors contracted by the Business Entity shall cause copies of their inspection reports to be sent to the Division.

E. Limitations/Permissible Activities 1. A Special Inspector must be qualified in accordance with the codes adopted by the Division.

2. A Special Inspector may not work directly for, or contract with, a registered contractor or contractor for the provision of inspection 3. A Special Inspector may work directly for the registered design professional in responsible charge and/or the engineer of record provided they are qualified as a special inspector in accordance with the codes adopted by the Division.

3. A Special Inspector shall contract directly, or through their employer, with the affected School Board for the provision of inspection services. 4.1.5 General Requirements for all Delegated Building and Special Inspector Certifications A. An inspector must apply for certification in a format provided by the Division.

Application instructions are available on the Division’s website; from the Division’s offices at 1697 Cole Blvd, Suite 200, Lakewood, CO 80401; or by telephone at 303-239-4100.

B. The applicant must submit the completed application along with the registration fee and all required supporting documentation prior to action by the Division. No cash payments will be accepted. 4.1.6 Duration of Certification A. Delegated Building and Special Inspector Certifications are valid for a period of three (3) years from the date of issuance, unless earlier suspended or revoked. 4.1.7 Certification Renewal A. Renewal of certification is the responsibility of the certified individual.

B. Delegated Building Inspector Certification renewal requires the renewal of the national certification outlined in Article 4.1.2 of these rules. Submit proof of national certification renewal with the renewal application.

C. Special Inspector Certification renewal requires documentation verifying continued experience and/or training in the special inspection disciplines applied for.

D. Applications for renewal shall be submitted no more than thirty (30) days prior to expiration. A grace period for renewal may be extended for up to thirty (30) days after expiration, after which a late application fee will be assessed.

E. All applicants shall have no longer than thirty (30) days from the original submittal to correct deficiencies in their application including missing materials or fees.

Applications older than thirty (30) days with deficiencies will be considered vacated applications and the fees surrendered.

F. Applicants submitting more than sixty (60) days after expiration shall submit all documentation required of a new applicant. 4.1.8 Denial, Revocation, Suspension, Annulment, Limitation or Modification of Certification A. Denial of Certification 1. The Division, in accordance with the Administrative Procedure Act,

Section 24-4-101, et seq., C.R.S., may deny any certificate or refuse to renew a certificate to any applicant for, but not limited to, the following reasons:

a. Failure to meet requirements specified in these rules pertaining to the issuance of certificates and/or the renewal of certification.

b. Any conduct as described in Article 4.1.8.B.2 of these rules pertaining to good cause for disciplinary action.

c. Fraud, misrepresentation, or deception in applying for or securing certification, or in taking any written certification examination.

d. Aiding and abetting another person in procuring or attempting to procure certification for any person who is not eligible for B. Revocation, Suspension, or Limitation of Certification 1. Any certification issued by the Division may be suspended, summarily suspended, revoked, or limited for good cause in accordance with the Administrative Procedure Act, Section 24-4-101, et seq., C.R.S.

2. Good cause for disciplinary sanctions listed in this Article of these rules (denial, revocation, suspension, annulment, limitation, or modification of certification) shall include, but not be limited to:

a. Evidence that the minimum standards for certification set forth in these rules have not been met.

b. Material misstatement or misrepresentation on the application for c. Proof of unfitness.

d. Proof of individual's failure to meet, and continue to meet, performance standards at the level certified.

e. Obtaining or attempting to obtain certification or recertification by fraud, misrepresentation, deception, or subterfuge.

f. Materially altering any Division certificate or using and/or possessing any such altered certificate.

g. Unlawfully discriminating in the provisions of services based upon protected class, including national origin, race, color, creed, religion, sex (including gender identity, gender expression, and sexual orientation), age, disability, ancestry, and/or marital status.

h. Representing qualifications at any level above the person's current certification level.

i. Failure to pay required fees for certification.

C. If the Division finds that grounds exist for the denial, revocation, suspension, annulment, limitation, or modification of certification of any applicant, action shall be taken according to the provisions of the Colorado Administrative Procedure Act, Section 24-4-101, et seq., C.R.S.

D. Upon the denial, revocation, suspension, annulment, limitation, or modification of any applicant, all certificates, cards, patches or other identification issued by the Division for said certification and accreditation levels shall be returned to the Division. 4.2 Fire & Suppression Systems Inspector Qualification 4.2.1 Wherever Division regulations state that Fire Inspectors performing construction plan review and inspections must be “Certified Fire Inspectors” or “Certified Fire Suppression Systems Inspector” as defined in Sections 24-33.5-1202 (2.5) and (3), C.R.S., the following shall apply. 4.2.2 General Requirements for all Fire Inspector Certifications A. An inspector must apply for certification in a format provided by the Division.

Application instructions are available on the Division’s website; from the Division’s offices at 1697 Cole Blvd., Suite 200, Lakewood, CO 80401; or by telephone at 303-239-4100.

B. The applicant must submit the completed application along with the registration fee and all required supporting documentation prior to action by the Division. No cash payments will be accepted.

C. The application must be accompanied by a letter from the agency's chief executive or code official responsible for inspection and plan review attesting for every jurisdiction for which they are providing inspection or plan review services:

1. That the individual is currently employed by, volunteers with or is contracted by a county, municipality, special district, or state agency that has fire inspection, plan review, and enforcement responsibility;

2. That the agency is responsible for such enforcement in their jurisdiction;

3. That the individual has the responsibility to conduct fire plan reviews and/or inspections on behalf of the jurisdiction; and 4. That the individual meets the qualifications (knowledge, skills and ability) to conduct fire plan reviews and/or inspections.

D. The applicant must provide evidence of certification, education and/or training directly related to plan review and/or inspections appropriate for the certification being sought, to include topics relevant to Fire Suppression Systems. Courses must be taught by recognized organizations or institutions including (acceptable to the Division), but not limited to:

1. Regionally accredited post-secondary institutions 2. National Fire Protection Association 3. International Code Council 4. National Fire Academy 5. American Fire Sprinkler Association 6. National Fire Sprinkler Association 7. Sprinkler Fitters Local 669, Joint Apprenticeship and Training Committee 8. IFMA Fire Protection Institution 9. State chapters of organizations or institutions listed above E. For applicants seeking reciprocity, submit evidence of current and valid certification from another state or jurisdiction that is determined by the Division to be at least equivalent to the requirements stated herein.

F. Limitations /Permissible Activities 1. A Certified Fire Inspector may not also be a registered contractor.

2. A Certified Fire Inspector may not work directly for, or contract with, a registered contractor, contractor, or building owner for the provision of inspection services.

3. A Certified Fire Inspector may contract directly, or through their employer, with one or more municipalities, counties, fire protection districts or other local AHJs for the provision of inspection services. In such cases where the inspector is performing inspection or plan review services for multiple jurisdictions, the agency letter defined in Section 4.2.2.C of these rules shall be provided to the Division for all jurisdictions where services are to be provided within fourteen (14) days of the assumption of said duties. 4.2.3 There are three (3) levels of qualification for Fire Inspectors. Inspectors must be qualified to the appropriate level defined in Sections A through C of this Article for the task performed.

A. FIRE INSPECTOR I - In order to become qualified as Fire Inspector I, which qualifies the individual to conduct maintenance inspections, as well as inspections of Mobile Food Establishments, as defined in Section 29-11.6-102 (6), C.R.S., a person must meet at least one (1) of the following criteria:

1. Possess current and valid inspector qualification(s) issued by a nationally recognized organization (acceptable to the Division), which includes demonstrated knowledge in fire protection and life safety systems, plan review and inspection. The following qualifications are approved:

a. ICC Fire Inspector I b. NFPA Fire Inspector I; or 2. Submit documentation to the Division to demonstrate that they have the Inspector I, including education, training and experience. The following list identifies examples of education, training, and experience that may be considered as equivalent to the requisite skills and knowledge for Fire Inspector I. This list should not be considered all-inclusive.

a. Current Colorado license as a registered professional engineer b. Submit evidence of current and valid qualification in another B. FIRE INSPECTOR II - In order to become qualified as Fire Inspector II, which, in addition to maintenance inspections, also qualifies the individual to conduct construction inspections, a person must meet at least one (1) of the following criteria:

1. Possess current and valid inspector qualification(s) issued by a nationally recognized organization (acceptable to the Division), which includes demonstrated knowledge in fire protection and life safety systems, plan review and inspection. The following qualifications are approved:

a. ICC Fire Inspector II b. NFPA Fire Inspector II; or 2. Submit documentation to the Division to demonstrate that they have the Inspector II including education, training, and experience. The following list identifies examples of education, training, and experience that may be considered as equivalent to the requisite skills and knowledge for Fire Inspector II. This list should not be considered all-inclusive.

a. Current Colorado license as a registered professional engineer b. Submit evidence of current and valid qualification in another C. FIRE INSPECTOR III – PLANS EXAMINER - In order to become qualified as Fire Inspector III – Plans Examiner, which, in addition to maintenance and construction inspections, also qualifies the individual to conduct plan reviews, a person must meet at least one (1) of the following criteria:

1. Possess current and valid inspector qualification(s) issued by a nationally recognized organization, which includes demonstrated knowledge in fire protection and life safety systems, plan review and inspection. The following qualifications are approved:

a. ICC Fire Inspector II and ICC Fire Plans Examiner b. ICC Fire Inspector II and ICC Building Plans Examiner c. NFPA Fire Inspector II and NFPA Plans Examiner; or 2. Submit documentation to the Division to demonstrate that they have the Inspector II and for Fire Plans Examiner II, including education, training, and experience. The following list identifies examples of education, training, and experience that may be considered as equivalent to the requisite skills and knowledge for Fire Inspector III. This list should not be considered all-inclusive.

a. A combination of five (5) years of education and work experience in fire protection and/or code enforcement is required. Education must be an associate degree or above in Fire Science, Fire Prevention, Fire Protection Engineering or other Division approved related major. Work experience must be specifically in fire prevention, fire protection, code enforcement, or inspection.

b. Current Colorado license as a registered professional engineer c. Submit evidence of current and valid qualification in another 4.2.4 Duration of Certification A. Fire Inspector Certifications are valid for a period of three (3) years from the date of issuance, unless earlier suspended or revoked.

B. Certified Fire Inspectors who are separated from employment may not perform plan review or inspection services unless they become employed by a new agency and provide a letter pursuant to Article 4.2.2.C of these rules. 4.2.5 Certification Renewal A. Renewal of certification is the responsibility of the certified individual. An individual who was certified as a Fire Suppression Systems Inspector or a Fire Suppression Systems Inspector-Plan Reviewer prior to April 1, 2019, may perform all of the responsibilities of a Fire Suppression Systems Inspector or a Fire Suppression Systems Inspector-Plan Reviewer until the certification is expired. Upon application for renewal, the individual will need to apply to be certified as a Fire Inspector II or Fire Inspector III-Plans Examiner, whichever is applicable.

B. Certification renewal requires an application accompanied by the following:

1. A letter in accordance with Article 4.2.2.C of these rules.

2. Certification renewal is contingent on meeting one (1) of the following educational requirements during the three (3) year certification period:

a. Fifteen (15) hours of continuing education relating to the field of building construction or fire protection, as applicable, including, but not limited to, classes, seminars, and training conducted by professional organizations or trade associations; or b. Documentation to the Division of 1.5 CEUs relevant to the field of building construction or fire protection, as applicable, by participation in educational and professional activities. CEUs will be granted for the following professional development activities:

i. Participation as a student in a seminar or technical session related to building construction or fire protection and life safety systems (depending upon the certification) conducted by a qualified organization. | 0.1 CEU per clock hour of attendance ii. Attendance at NFPA and/or ICC code development hearings related to fire protection, fire prevention or life safety. | .01 CEU per clock hour of attendance up to 1.0 CEU per renewal period iii. Committee or board service for NFPA and/or ICC for one (1) full year. | .5 CEU per committee, per year iv. Participation as a student in a university, community college, junior college, technical or vocational school in a course related to building construction or fire protection, fire prevention or life safety (depending upon the certification). | 1.0 CEU per credit hour v. Instruction of a seminar or technical session delivered for a related professional association, state or local code enforcement agency, standards writing organization or any related program. | 0.1 CEU per clock hour of instruction delivered vi. Participation as an instructor in a university, community college, junior college, technical or vocational school in a course related to building construction or fire protection, fire prevention or life safety (depending upon the certification). | 1.0 CEU per credit hour vii. Documented in-house training or continuous employment as a code official, plans examiner, or inspector. Training shall be documented and approved by the chief executive, fire chief or training officer for the applicant’s organization. | Up to 0.3 CEU per renewal period viii. Publication of a paper, book or technical article for a related textbook or professional trade journal. | 1.0 CEU per publication c. Successful renewal of equivalent ICC or NFPA certifications shall be considered as acceptable criteria for renewal of the State inspector certification. Submit proof of ICC or NFPA renewal with the renewal application.

3. Payment of the required renewal fee.

C. Applications for renewal shall be submitted no more than thirty (30) days prior to expiration, A grace period for renewal may be extended for up to thirty (30) days after expiration, after which a late application fee will be assessed.

D. All applicants shall have no longer than thirty (30) days from the original submittal to correct deficiencies in their application including missing materials or fees.

Applications older than thirty (30) days with deficiencies will be considered vacated applications and the fees surrendered. ________________________ Pertinent courses provided by organizations listed in Article 4.2.2.D of these rules, as well as the National Fire Sprinkler Association, National Fire Alarm Association, American Fire Sprinkler Association, and International Fire Marshal’s Association, are deemed qualified. Courses provided by other entities may be accepted after review by the Division.

E. Applicants submitting more than sixty (60) days after expiration shall submit all documentation required of a new applicant in addition to documentation of continuing education. 4.2.6 Denial, Revocation, Suspension, Annulment, Limitation or Modification of Certification A. Denial of Certification 1. The Division, in accordance with the Administrative Procedure Act,

Section 24-4-101, et seq., C.R.S., may deny any certificate or refuse to renew a certificate to any applicant for, but not limited to, the following reasons:

a. Failure to meet requirements specified in these rules pertaining to the issuance of certificates and/or the renewal of certification.

b. Any conduct as described in Article 4.2.6.B.2 of these rules pertaining to good cause for disciplinary action.

c. Fraud, misrepresentation, or deception in applying for or securing certification, or in taking any written certification examination.

d. Aiding and abetting another person in procuring or attempting to procure certification for any person who is not eligible for B. Revocation, Suspension, or Limitation of Certification 1. Any certification issued by the Division may be suspended, summarily suspended, revoked, or limited for good cause in accordance with the Administrative Procedure Act, Section 24-4-101, et seq., C.R.S.

2. Good cause for disciplinary sanctions listed in this Article (denial, revocation, suspension, annulment, limitation, or modification of certification) shall include, but not be limited to:

a. Evidence that the minimum standards for certification set forth in these rules have not been met.

b. Material misstatement or misrepresentation on the application for c. Proof of unfitness.

d. Proof of individual's failure to meet, and continue to meet, performance standards at the level certified.

e. Obtaining or attempting to obtain certification or recertification by fraud, misrepresentation, deception, or subterfuge.

f. Materially altering any Division certificate or using and/or possessing any such altered certificate.

g. Unlawfully discriminating in the provisions of services based upon protected class, including national origin, race, color, creed, religion, sex (including gender identity, gender expression, and sexual orientation), age, disability, ancestry, and/or marital status.

h. Representing qualifications at any level above the person's current certification level.

i. Failure to pay required fees for certification.

C. In addition to those items listed in Article 4.2.6.B.2 of these rules, good cause for disciplinary sanctions listed in this Article (denial, revocation, suspension, annulment, limitation, or modification of certification) against the certification held by an exam proctor shall include, but not be limited to:

1. Failure to adhere to the policies, procedures, and administrative requirements for delivery, documenting, test administration, and certification as adopted, administered and/or recognized by the Division.

2. Failure to maintain security over written exams, including unauthorized access or reproduction of examination materials.

D. If the Division finds that grounds exist for the denial, revocation, suspension, annulment, limitation, or modification of certification of any applicant, action shall be taken according to the provisions of the Colorado Administrative Procedure Act, Section 24-4-101, et seq., C.R.S.

E. Upon the denial, revocation, suspension, annulment, limitation, or modification of any applicant, all certificates, cards, patches or other identification issued by the Division for said certification and accreditation levels shall be returned to the Division.

ARTICLE 5 - ENFORCEMENT 5.1 The Division will enforce the requirements of these rules by following the provisions of this Article 5.1. 5.1.1 The Division may issue a notice of violation to a person who is believed to have violated these rules. The notice shall be delivered to the alleged violator by certified mail, return receipt requested, or by any means that verifies receipt as reliably as certified mail, return receipt requested. 5.1.2 The notice of violation shall allege the facts that constitute a violation. 5.1.3 The notice of violation may require the alleged violator to correct the alleged violation or to stop work until such time as acceptable conditions exist to continue work. 5.1.4 Within ten (10) working days after delivery of the notice of violation, the alleged violator may request in writing an informal conference with the Director (or designee) concerning the notice of violation. If the alleged violator fails to request the conference within ten (10) days, the notice of violation is final and not subject to further review, and any requirement to correct the alleged violation pursuant to Article 5.1.3 of these rules becomes a binding enforcement order. 5.1.5 Upon receipt of a request for an informal conference, the Director (or designee) shall set a reasonable time and place for the conference and shall notify the alleged violator of the time and place of the conference. At the conference, the alleged violator may present evidence and arguments concerning the allegations in the notice of violation. 5.1.6 Within twenty (20) working days after the informal conference, the Director shall uphold, modify, or strike the allegations within the notice of violation and may issue an enforcement order. The decision and, if applicable, enforcement order shall be delivered to the alleged violator by certified mail, return receipt requested, or by any means that verifies receipt as reliably as certified mail, return receipt requested. 5.2 A person who is the subject of, and is adversely affected by, a notice of violation or enforcement order issued pursuant to Article 5 of these rules may appeal such action to the Executive Director.

The Executive Director shall hold a hearing to review such notice or order and take final action in accordance with Section 24-4-105(11), C.R.S. and may either conduct the hearing personally or appoint an administrative law judge from the Department of Personnel & Administration. 5.2.1 Final agency action shall be subject to judicial review pursuant to C.R.S. Article 4 of Title 24. 5.2.2 An alleged violator who is required to correct an action pursuant to Section 24-4-105(12), C.R.S. shall be afforded the procedures set forth in Section 24-4-104(3), C.R.S., to the extent applicable. 5.3 The Director may file suit in district court in the judicial district in which a violation is alleged to have occurred to judicially enforce an enforcement order issued pursuant to this Article. 5.4 In addition to the remedies provided in this Article, the Director is authorized to apply to the district court, in the judicial district where the violation has occurred, for a temporary or permanent injunction to restrain any person from violating any provision of Article 5.1 of these rules regardless of whether there is an adequate remedy at law.

ARTICLE 6 - FEES AND CHARGES 6.1 The Division shall charge the following for Inspector Certification Fees: ● Certification or Renewal of Inspectors by document review | $75.00 ● Certification or Renewal of Inspectors by reciprocity of equivalent ICC or NFPA certifications | $25.00 ● Late renewal fee | $25.00 6.2. Fees may be waived or modified when appropriate at the discretion of the Director or designee.

Request for waiver or modification shall be in writing.

ARTICLE 7 - INQUIRIES 7.1 Questions, clarification, or interpretation of these Rules should be addressed in writing to: Fire & Life Safety Section Chief, Colorado Division of Fire Prevention and Control, 1697 Cole Blvd., Suite 200, Lakewood, CO 80401. Telephone number: (303) 239-4100. _________________________________________________________________________ Editor’s Notes

History New rule eff. 03/30/2019.

Rules 2.1, 3.1, 3.2, 4.1.2, 4.1.3-4.1.7, 4.2.2, 4.2.4-4.2.6, 6.1, 6.2, 7.1 eff. 06/30/2021.

Rule 3.2.4 emer. rule eff. 10/25/2022.

Rules 2.1, 3.2.4 1, 4.1-4.1.7 eff. 01/14/2022.

Rules 1.1, Article 2, 3.2, 3.2.1, 3.2.4.1, 3.3, 3.4.2, Articles 4-7 eff. 08/14/2025.

Rules 1.1, Article 2, 3.1-3.2.2, 3.2.7, 3.3, 3.4.2, Articles 4-6 eff. 12/30/2025.

1507 Colorado State Patrol

8 CCR 1507-1 Rules and Regulations Concerning Minimum Standards for the Operation of Commercial Vehicles {#sec-8-ccr-1507-1 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-1}

Department of Public Safety RULES AND REGULATIONS CONCERNING MINIMUM STANDARDS FOR THE OPERATION OF COMMERCIAL VEHICLES 8 CCR 1507-1 [Editor’s Notes follow the text of the rules at the end of this CCR Document.]

MCS 1: Authority to Adopt Standards and Specifications.

The Chief of the Colorado State Patrol is authorized by the provisions of Section 42-4- 235 (4) (a) (i), CRS, to adopt rules and regulations setting safety standards and specifications for the operation of all commercial vehicles in Colorado, both in interstate and intrastate transportation.

MCS 2: Applicability.

These rules and regulations apply to individuals, corporations, Colorado government or governmental subdivisions or agencies, or other legal entities that operate commercial vehicles as defined in Section 42-4-235 (1) (a), CRS. 2.1. Compliance with 8 CCR 1507-25 as Appropriate.

In addition to this rule, any person who transports hazardous materials as defined in 49 CFR 171.8 and Section 42-20-103 (3), CRS, and/or nuclear materials as defined in Section 42-20-402 (3) (a) – (c), CRS, must operate consistent with 8 CCR 1507-25, the CSP Rules and Regulations Concerning the Permitting, Routing, and Transportation of Hazardous and Nuclear Materials and the Intrastate Transportation of Agricultural Products in the State of Colorado. 2.2. Approval of Temporary Rule Variance(s).

Provided a variance is not in violation of Section 42-4-235, CRS, the CSP Motor Carrier Safety Section (MCSS) may consider and grant requests of intrastate commercial motor carriers for temporary variances from these rules.

MCS 3: General Definitions.

The following definitions apply throughout these rules unless otherwise specified.

Definitions relevant to these rules are in Title 49 of the Code of Federal Regulations.

These definitions are amended as necessary to maintain consistency with the Colorado Revised Statutes. 3.1. Action: Consistent with Section 24-4-102 (1), CRS, and as used within these rules, an action includes the whole or any part of any agency rule, order, interlocutory order, license, sanction, relief, or the equivalent or the denial thereof, or failure to act. 3.2. Aggrieved: Consistent with Section 24-4-102 (3.5), CRS, and as may be used in connection with judicial review of rulemaking, means having suffered actual loss or injury or being exposed to potential loss or injury to legitimate interests, including but not limited to, business, economic, aesthetic, governmental, recreational, or conservational interests. 3.3. Authorized Enforcement Official: Enforcement Officials, as defined within these rules, who are also certified to complete commercial vehicle inspections under Section 42-4-235 (4) (a), CRS, are authorized to perform commercial vehicle inspections consistent with their certification level. Level I CVSA-certified Colorado State Patrol Troopers and officers assigned to the Motor Carrier Safety

Section are the only Colorado law enforcement officials authorized to perform Compliance Reviews on and to assign Safety Ratings for commercial motor carrier operators or drivers. 3.4. CDL: Commercial Driver’s License. 3.5. CDOR: Colorado Department of Revenue. 3.6. CDOT: Colorado Department of Transportation. 3.7. CDPS: Colorado Department of Public Safety. 3.8. CFR: Code of Federal Regulations. 3.9. Chief: The Chief of the Colorado State Patrol, or his or her designee as appropriate, unless otherwise specified. 3.10. Civil Penalty: A financial penalty imposed on a motor carrier by the Colorado State Patrol after a Compliance Review for violations of rules adopted by the Chief consistent with Section 42-4-235 (4) (a) (I), CRS. 3.11. Civil Penalty Process: The process and procedures to collect Civil Penalties issued by the CSP for violations of Section 42-4-235 (4) (a), CRS, under the

authority provided by Section 42-4-235 (2) (a), CRS, and determined consistent with the provisions of Subpart G of 49 CFR 386 as codified within Section 42-4- 235 (2) (b) (I), CRS. 3.12. Commercial Vehicle: The definition of commercial vehicle will be as outlined in

Section 42-4-235 (1) (a), CRS. 3.13. Compliance Review: An examination of motor carrier operations, such as driver’s hours-of-service, maintenance and inspection, driver qualifications, CDL requirements, financial responsibility, accidents, hazardous materials, and other safety and transportation records to determine whether a motor carrier meets safety fitness standards. 3.14. Conditional Safety Fitness Rating: Indicates that a motor carrier does not have adequate safety management controls to ensure compliance with the safety fitness standards that could result in the occurrences listed in 49 CFR 385.5. 3.15. CRS: Colorado Revised Statutes. 3.16. CRU: Colorado State Patrol Central Records Unit. 3.17. CSP: Colorado State Patrol. 3.18. CVSA: Commercial Vehicle Safety Alliance. 3.19. Decision: As used within these rules, means the determinative action in adjudication and includes order, opinion, sanction, and relief. 3.20. Enforcement Official: The definition of an Enforcement Official will be as defined by Sections 16-2.5-101, 16-2.5-114, 16-2.5-115, and 16-2.5-143, and as outlined in Section 42-20-103 (2), CRS. 3.21. FMCSA: Federal Motor Carrier Safety Administration. 3.22. FMCSR: Federal Motor Carrier Safety Regulations. 3.23. GCWR: Gross Combined Weight Rating is the sum of the gross vehicle weight ratings of a power unit and its towed unit(s). The GCWR is used to define a commercial vehicle only when the power unit is towing another vehicle or vehicles. 3.24. GVWR: Gross Vehicle Weight Rating is the value specified by the manufacturer as the maximum loaded weight of a single or combination (articulated) vehicle, or registered gross weight, whichever is greater. GVWR, not GCWR, will be used to define a commercial motor vehicle when a power unit is not towing another vehicle. 3.25. Initial Decision: As it applies to the assessment of civil penalties or the assignment of Safety Fitness Ratings under these rules, it reflects a decision that will become a final agency action of the CSP unless administratively reviewed by the CSP at the request of a motor carrier consistent with these rules. 3.26. Interested Person: Includes any persons who may be aggrieved by agency action. 3.27. LLC: Limited Liability Company or Limited Liability Corporation. 3.28. MCSS: Colorado State Patrol Motor Carrier Safety Section 3.29. Motor Carrier: The definition of a motor carrier will be as outlined in Section 42- 4- 235 (1) (c), CRS. 3.30. MOU: Memorandum of Understanding. 3.31. Notice of Claim Letter (NOC): As it is used within these rules, a written order informing a motor carrier of its Civil Penalty Assessment, the rights associated with the penalty, and the process for responding to the penalty. 3.32. OOS: Out-of-Service. 3.33. PUC: Colorado Public Utilities Commission. 3.34. Sanction: Includes any prohibition, requirement, limitation, or other condition affecting the freedom of any person. Sanction also applies to the imposition of any penalty or fine, including civil penalties, as assessed to be consistent with state statutes and these rules. 3.35. Satisfactory Safety Fitness Rating: Indicates that a motor carrier has in place and functioning adequate Safety Fitness controls to meet the safety fitness standard prescribed in 49 CFR 385.5. Safety Fitness controls are adequate if they are appropriate for the motor carrier’s size and type of operation. 3.36. Served/Service: Indicates a NOC or other service document sent by first-class mail to the last address furnished to the MCSS by the motor carrier or personally served on the motor carrier by a uniformed member of the CSP. 3.36.1. Service of an NOC or document by first-class mail is considered complete when it is mailed, not received. 3.37. Unrated Safety Fitness Rating: Indicates a safety rating has not been assigned to the motor carrier by the CSP. 3.38. Unsatisfactory Safety Fitness Rating: Indicates a motor carrier does not have adequate safety management controls to ensure compliance with the safety fitness standard, resulting in occurrences as listed in 49 CFR 385.5. 3.39. USDOT Number: The number assigned to a motor carrier by the FMCSA. The number can be for intrastate or interstate use, depending on the information provided by the motor carrier to the FMCSA at the time of application submission, the biannual update, or any other update to the motor carrier record.

MCS 4: Authority to Inspect Vehicles, Drivers, Cargo, Books, and Records.

Authorized Enforcement Officials will at all times have the authority to inspect commercial vehicles, commercial vehicle drivers, cargo, and any required documents consistent with Part MCS 4 of these rules. 4.1. Safety Inspections.

Enforcement Officials who are authorized to perform motor vehicle safety inspections on commercial motor vehicles and drivers are required to meet the inspector qualifications outlined in Section 42-4-235 (4) (a) (I), CRS, while performing CVSA North American Standard Safety Inspections. 4.1.1. All Enforcement Officials performing North American Standard Safety Inspections must maintain the certification requirements prescribed in the current published CVSA Operations Manual, effective April 1, 2026. 4.2. Authority to Inspect.

Authorized Enforcement Officials have the authority to inspect commercial vehicles, commercial vehicle drivers, cargo, and any required documents, as such documents apply to motor vehicle or commercial vehicle transport by 8 CCR 1507-25 and/or as are outlined in 49 CFR, Subchapter B, Parts 383, 385 Subparts C and D, 387, 390, 391, 392, 393, 395, 396, 397, and 399, as revised October 1, 2025. 4.3. Authority to Conduct Compliance Reviews and Safety Audits.

CSP Enforcement Officials who are certified by the FMCSA under 49 CFR 385,

Subpart C, to perform compliance reviews and safety audits have the authority to enter the facilities of and inspect any motor carrier, as defined in Section 42- 4- 235 (1) (c), CRS. Inspection includes the review of any required records and supporting documents as may apply through 8 CCR 1507-25 and/or as they are identified and defined in 49 CFR, Subchapter B, Parts 40, 380, 382, 383, 385, 387, 390, 392, 393, 395, 397, 399, and Appendix A, revised October 1, 2025.

MCS 5: Inspection Standards and Reports.

Through an MOU with the CVSA, dated October 21, 2022, the CSP adopts the standards and procedures established for the inspection of commercial vehicles, collectively known as the North American Uniform Driver/Vehicle Inspection. 5.1. CVSA Bylaws as General Inspection Guidelines.

Authorized Enforcement Officials performing safety inspections on commercial vehicles, drivers, and cargo will use, as general guidelines, the levels, methods of inspection, and the OOS criteria found in the CVSA bylaws, as they are revised and effective April 1, 2026. 5.2. Minimum Information and Report Disposition.

Authorized Enforcement Officials will, upon the completion of each inspection, prepare a report that, at a minimum, identifies the inspector, the inspector’s agency, the name and address of the motor carrier, the date and time of the inspection, the location of the inspection, the vehicle, and the driver, any defects or violations found, and the disposition of the vehicle. A copy of the inspection report will be provided to the driver or motor carrier.

MCS 6: State Adoption of FMCSR.

All intrastate and interstate motor carriers, commercial vehicles, and drivers thereof operating within Colorado must operate consistently with the safety regulations detailed within 49 CFR 40 Procedures for Transportation Workplace Drug and Alcohol Testing Programs 49 CFR 380 Special Training Requirements 49 CFR 382 Controlled Substances and Alcohol Use and Testing 49 CFR 385 Subparts C and D Safety Fitness Procedures 49 CFR 387 Minimum Levels of Financial Responsibility for Motor Carriers 49 CFR 390 Federal Motor Carrier Safety Regulations: General 49 CFR 391 Qualifications of Drivers and Longer Combination Vehicle (LCV) Driver Instructors 49 CFR 392 Driving of Commercial Motor Vehicles 49 CFR 393 Parts & Accessories Necessary for Safe Operation 49 CFR 395 Hours of Service of Drivers 49 CFR 396 Inspections, Repair, and Maintenance 49 CFR 397 Transportation of Hazardous Materials, Driving and Parking Rules 49 CFR 399 Employee Safety and Health Standards 49 CFR 396 Appendix A to Subtitle B of

Chapter III Minimum Periodic Inspection Standards of the FMCSRs as the same were effective October 1, 2025, and published in Title 49 of the CFR, Subtitle B, Chapter III, Parts 200 through 399, with references therein, with modifications as are necessitated by state law and set forth by and within these rules: 6.1. Intrastate Commerce Included.

Unless otherwise specified, all references to interstate commerce by the FMCSRs hereby adopted by these rules also include and apply to intrastate commerce. 6.2. Entry-Level Driver Training. 49 CFR 380.509 (a) is amended to read: “Each employer must ensure each entry-level driver, who first begins operating a commercial motor vehicle requiring a CDL under Section 42-2-404, CRS, receives the training required by 49 CFR 380.503.” 6.3. New Entrant Safety Program. 49 CFR 385.501 (b) and (c), through 385.505, and 385.319 (b) through 385.337 do not apply. 6.3.1. 49 CFR 385.309 through 385.319 (a), hereafter referred to collectively as the Colorado Intrastate New Entrant Safety Assurance Program, applies to intrastate motor carriers who are beginning intrastate operations and are required to obtain an intrastate USDOT number from the FMCSA. 6.3.2. Intrastate motor carriers can confirm if they need a USDOT number and complete an intrastate application online at https://www.fmcsa.dot.gov/registration/do-i- need-usdot-number. 6.3.3. All interstate motor carriers beginning operations in Colorado must submit to a safety audit consistent with 49 CFR 385.3. 6.3.4. All intrastate motor carriers beginning operations in Colorado are eligible for the Colorado Intrastate New Entrant Safety Assurance Program. New intrastate carriers may schedule training by contacting the MCSS. A prior interstate safety audit or compliance review will meet the requirement for a safety audit. 6.4. Financial Responsibility (Insurance) of Motor Carriers.

Under Section 42-4-235 (4) (a) (I), CRS, the financial responsibility and insurance provisions of these rules do not apply to commercial vehicles regulated by the PUC under Article 10.1 of Title 40 of the CRS. These same provisions do not apply to commercial vehicles operated by river outfitters regulated by the Colorado Department of Natural Resources, Division of Wildlife, under 2 CCR 405-3. These noted exceptions aside, 49 CFR 387.1 through 387.17, 387.303, 387.305, and 387.309 apply to the operation of commercial vehicles in Colorado with the following exceptions: 6.4.1. 49 CFR 387.7 (e) and (g) do not apply. 6.4.2. 49 CFR 387.9 (4) applies only to interstate and foreign commerce. 6.4.3. Transportation carriers may obtain a certificate of self insurance issued under Section 42-7-501, CRS, or 49 CFR 387. 6.4.4. Motor carriers subject to these rules must carry a minimum level of cargo liability coverage of $10,000 for loss or damage to property carried on any one motor vehicle or an amount adequate to cover the value of the property being transported, whichever is less, unless the shipper and the property carrier otherwise agree by written contract to a lesser amount. 6.5. Amended General Applicability of the FMCSR. 49 CFR 390.3 (f), (1) – (2), and (6) do not apply. 6.6. Amended Applicability of FMCSR Definitions.

The following definitions set forth within 49 CFR 390.5 are amended by these rules: 6.6.1. The definitions of “Commercial Motor Vehicle” and “Motor Carrier” do not apply. “ Commercial Motor Vehicle “and “Motor Carrier” will be as they are defined within Section 42-4-235 (1), subparts (a) and (b), CRS, and as they exist under parts 3.12 and 3.29 of these rules. 6.6.2. The definition of an “emergency” is amended by adding the following: “A governmental agency has determined that a local emergency requires relief from the maximum driving time in 49 CFR 395.3 or 395.5.” 6.7. Amended Motor Carrier Identification Requirements. 49 CFR 390.19 (a) is amended to read: “Each motor carrier that conducts operations in intrastate commerce must apply for and receive an intrastate USDOT Number before beginning operations within the state. The motor carrier is required to update this information every 24 months.” 6.7.1. The FMCSA processes USDOT numbers for intrastate motor carriers. 6.7.2. 49 CFR 390.21 (b) is amended through the addition of the following:

“Intrastate carriers must mark their vehicles with the assigned intrastate USDOT number, preceded by the letters “USDOT” and followed by the suffix “CO” (e.g.: USDOT 1234567 CO).” 6.7.2.1. Motor carriers operating in intrastate commerce, not transporting 16 or more passengers (including the driver) or transporting placarded hazardous materials and having a GVWR or GCWR equal to or over 16,001 lbs., but not in excess of 26,000 lbs., may meet the marking requirements of 49 CFR 390.21 by marking the trailer or secondary unit, if the GVWR of the selfpropelled unit itself is less than 16,001 lbs. 6.7.2.2. In the interests of public safety, intrastate motor carriers who operate as repossessors as defined within Section 42-6-146 (4), CRS, are not subject to the marking requirements of 49 CFR 390.21. 6.8. Age of Drivers Operating in Interstate Commerce. 49 CFR 391.11 (b) (1) is amended to read: “Is at least 21 years old if engaged in interstate commerce or transporting hazardous materials of a type or quantity that would require the vehicle to be marked or placarded under 49 CFR 177.823, except drivers operating interstate under a waiver issued through the FMCSA Military Pilot Program, or any other approved non-military extension thereof and as recognized consistent with Section 42-2-404 (4) (b), CRS. All other drivers operating intrastate only must be at least 18 years of age.” 6.9. Amending HOS and Applicability Thereof.

The HOS regulations set forth within 49 CFR 395 are amended as follows: 6.9.1. Public transit agency carriers and their drivers operating in intrastate commerce may satisfy the requirements of 49 CFR 395.1 (e) (1) (ii) by either meeting the existing regulation or by replacing 49 CFR 395.1 (e) (1) and (2) with “the driver is released from work within 12 consecutive hours.” 6.9.2. 49 CFR 395.3 and 395.5 do not apply to drivers of either Colorado governmental vehicles or tow trucks working an emergency, as defined in 49 CFR 390. 6.9.3. 49 CFR 395.3 does not apply to drivers who are towing a vehicle from a public roadway at the request of a public officer or for other law enforcement purposes. 6.9.4. Drivers transporting livestock, poultry, slaughtered animals, or the grain, corn feed, hay, etc., used to feed animals are eligible to use the agricultural operations exception in 49 CFR 395.1 (k). 6.9.5. 49 CFR 395.1 (k) is amended to read: “Is conducted during the planting and harvesting seasons within Colorado as determined by the Department of Agriculture to be from January 1 to December 31.” 6.10. References to Federal Agencies to Include State Agencies.

All references to federal agencies and authorized personnel are to be construed to include the CSP, PUC, and other state or local enforcement agencies with a signed MOU with the CSP and their authorized personnel while performing within the scope of their authority and pursuant to these rules. 6.11. Filing of Information Related to FMCSR Reporting Requirements.

All motor carrier and driving requirements adopted by 8 CCR 1507-25 and/or referred to in 49 CFR 40, 368, 380, 382, 383, 385, 387, 390, 391, 392, 393, 395, 396, 397, and 399 must be filed with or delivered by mutually agreed upon methods upon request to the MCSS at 15075 S. Golden Rd., Golden, CO., 80401. 6.12. Other General Exceptions.

These rules and regulations apply to all vehicles meeting the definition of a commercial vehicle outlined in Section 42-4-235 (1) (a), CRS, and drivers who meet the definition of “Driver” as described in 49 CFR 390.5, with the following exceptions: 6.12.1. Drivers of intrastate vehicles and vehicle combinations having a GVWR or GCWR of not more than 26,000 lbs., not requiring a CDL to operate, are not subject to 49 CFR 391, Subpart E, Physical Qualifications and Examinations. 6.12.2. Vehicles owned and operated by the federal government, state government, or a political subdivision not domiciled in Colorado and not transporting hazardous materials of a type and quantity requiring the vehicle to be marked or placarded under 49 CFR 172.504. 6.12.3. The operation of authorized emergency vehicles, as defined in

Section 42-1-102 (6), CRS, while in emergency and related operations. 6.12.4. The operation of snowplows, as defined in Section 42-1-102 (91), CRS, and all other vehicles engaged in supporting the use thereof when snowplows are removing snow/ice from the roadway or engaged in related snow/ice removal operations.

MCS 7: Use and Carry of Traction Devices. 7.1. Drivers Must Carry Chains.

Drivers must carry chains consistent with Section 42-4-106 (5) (a) (I), CRS, when operating vehicles designed to carry 16 or more passengers (including the driver) or having a combined weight of 16,001 lbs. or more (except for mobile cranes) on the following public highways between September 1 and May 31 : 7.1.1. I-70 West of milepost 259 in Morrison, Colorado. 7.1.2. Colorado Highway 9, from milepost 63 to milepost 97, between Frisco and Fairplay, Colorado. 7.1.3. US Route 40 West of milepost 256 in Empire, Colorado. 7.1.4. US Route 50 West of milepost 225 in Salida, Colorado. 7.1.5. US Route 160 West of milepost 304 in Walsenburg, Colorado. 7.1.6. US Route 285 West of milepost 250 in Morrison, Colorado. 7.1.7. US Route 550 between mileposts 0 and 130. 7.2. Use of Chains and Alternative Traction Devices.

The use of chains by drivers of commercial vehicles must occur consistently with the requirements set forth within Section 42-4-106 (5) (a) (I), CRS. Drivers of commercial vehicles may use Alternative Traction Devices (ATDs), including tire cables, auto socks, or sanders, as each is defined and as their use is consistent with 2 CCR 601-14.

MCS 8: Intrastate Medical Waivers.

MCSS may grant exemptions/waivers to drivers unable to satisfy the requirements of 49 CFR 391, Subpart E, consistent with these rules. 8.1. Approval of Medical Waivers.

Individual applications requesting an exemption/waiver of specific requirements may be approved when the approval of an exemption/waiver is supported by the decisions of a certified medical examiner and the documented determination of an appropriate medical professional, combined with the satisfaction of any applicable performance standards that support a decision that a medical condition has no adverse impact on safety. 8.2. Medical Waiver Information Available Online.

Medical waiver requirements and submission information are available online at https://csp.colorado.gov/medical-waivers. Medical waiver applications may be requested in person, by fax, or by phone from the MCSS office. Additional questions concerning the Colorado CDL Medical Waiver Program may be directed to the MCSS by phone at (303) 273-1875. 8.3. Written Notice of Terms and Conditions.

Medical waiver cardholders are provided written notice of relevant program terms and conditions at the time of card approval and subsequent renewal(s). 8.4. Denial of Medical Waiver Application.

An application for a medical waiver may be denied if: 8.4.1. The applicant does not currently possess or is not in the process of attaining a Colorado CDL. 8.4.2. The applicant has a medical condition for which a waiver or variance is not available. 8.4.3. Either the certified medical examiner or the medical professional fails to complete or certify the required medical waiver form(s); or 8.4.4. The applicant is unable to meet the physical requirements of the Skills Performance Evaluation. 8.4.5 Denial of a medical waiver application will be by written notice from the MCSS. 8.4.5.1. Medical waiver applications denied because of incomplete, insufficient, or ineligible information may be resubmitted at the convenience of an applicant upon correction, completion, or meeting the requirements of eligibility without prejudice. 8.4.5.2. Medical limb waiver applications denied for failing the Skills Performance Evaluation (SPE) will include a written explanation of the reason for failure and denial. 8.5. Appeal of Medical Waiver Denial.

Both new and renewal medical waiver applicants have the right to appeal in the event of application denial. 8.5.1. Where, after reviewing an application and consideration of relevant motor vehicle operation data available to the CSP at the time of application receipt, the CSP decides to deny a request for a medical waiver, an applicant may request a hearing appealing the denial within 60 days. 8.5.2. Upon review of relevant motor vehicle operation data available to the CSP at the time of receipt of paperwork to re-issue a medical waiver to an individual having an expired or expiring waiver, the CSP may deny to renew or re-issue a medical waiver if the CSP determines that doing so does not promote safety, protect human life, or preserve the highways of this state. An applicant seeking renewal of an existing or expiring medical waiver may appeal this decision. The denial of an application for re-issue or renewal of a medical waiver to an individual based on relevant motor vehicle operation data available to the CSP at the time of receiving paperwork is entitled to the same appeal rights as a waiver revocation, as set forth within Part 8.6 of these rules. 8.6. Medical Waiver Revocation.

A medical waiver may be revoked if the CSP determines that issuing a waiver to a driver does not promote safety, protect human life, or preserve the highways of this state. 8.6.1. The CSP may revoke a medical waiver when a waiver holder fails to comply with the applicable terms and conditions of the CSP Medical Waiver Program. 8.6.2. A medical waiver may be revoked by the CSP when it is determined that, based on relevant motor vehicle operations data available to the CSP, the continued use of the waiver by a holder fails to promote safety, protect human life, or preserve the highways of this state. 8.6.3. Revocation of any medical waiver will be by written notice from the MCSS consistent with Section 24-4-104, CRS. 8.7. Right to Hearing Upon Medical Waiver Revocation.

The MCSS will provide the waiver holder an opportunity to attend a hearing.

Notice of this hearing will be in writing and will give the waiver applicant at least 30 days’ notice of the time, date, place, and nature of the hearing. Notice will be served in person, by certified mail, or, upon agreement of the parties, by email. 8.8. Right to Appeal Medical Waiver Revocation.

Within 30 days of the completion of a hearing or the failure of the waiver holder to file a written answer in response to it, the Chief or his or her designee will issue a decision either affirming the revocation or reinstating the medical waiver. Within 30 days of receiving written notice from the MCSS revoking a medical waiver, the aggrieved holder may submit an exception or appeal. Additionally: 8.8.1. Appeal requests must be made in writing. 8.8.2. Appeal requests must be addressed to the Chief at the MCSS at 15075 S.

Golden Rd., Golden, CO., 80401. 8.8.3. The Chief will hold a hearing on the appeal. 8.8.4. The Chief will issue a written decision within 20 business days of the completed hearing. Notice of the decision will be served in person or by certified mail at the last known address provided for the appealing party.

Upon the parties’ agreement, service may also occur by email. 8.8.4.1. If the Chief finds by a preponderance of the evidence that evidence of non-compliance and/or ineligibility is sufficient, revocation of the medical waiver will be sustained. 8.8.4.2. If the Chief finds by a preponderance of the evidence that evidence of non-compliance and/or ineligibility is insufficient, the revocation of the medical waiver will be immediately reversed, and the medical waiver will be reinstated. 8.8.5. The decision of the Chief on appeal will constitute a final agency action and is subject to judicial review as outlined in Section 24-4-106, CRS.

MCS 9. Compliance Reviews and the Assignment of Intrastate Safety Fitness Ratings.

Section 42-4-235 (2) (c), CRS, gives the CSP exclusive authority to conduct Compliance Reviews. Out of this exclusive authority arises the ability to assign Safety Fitness Ratings to motor carriers and the responsibility to levy sanctions in the form of Civil Penalties for violations against persons for operating commercial vehicles inconsistent with these rules. 9.1. Exclusive Authority to Conduct Compliance Reviews.

Section 42-4-235 (2) (c), CRS, gives the CSP exclusive authority to conduct Compliance Reviews, as defined in 49 CFR 385.3, and to impose Civil Penalties pursuant to such reviews. Only authorized CSP Enforcement Officials have the

authority to conduct Compliance Reviews. 9.2. Application of Intrastate Carrier Safety Ratings.

The CSP will establish a Safety Fitness Rating for each motor carrier upon which it conducts a Compliance Review. Upon completion of a Compliance Review, the CSP will assign a proposed Safety Fitness Rating that will be based on the degree of compliance with the federal motor carrier Safety Fitness Standards for motor carriers outlined in 49 CFR 385.5. 9.2.1. The Safety Fitness Rating will be determined using the factors prescribed in 49 CFR 395.7 as guidance. A motor carrier may determine its degree of compliance with the Safety Fitness Standard by reviewing 49 CFR 385.5. 9.2.2. On the 61 calendar day after the assignment of a proposed Safety Fitness Rating, the motor carrier’s Safety Fitness Rating will become the final Safety Fitness Rating. 9.2.3. The final Safety Fitness Rating for an intrastate motor carrier will be available to the public on request by contacting the CSP CRU at:

Colorado State Patrol, Central Records Unit 700 Kipling St.

Lakewood, CO., 80215 (303) 239 – 4180 https://csp.colorado.gov/talk-with-us/central-records-unit email: cdps_csprecords@state.co.us 9.3. Administrative Review of Safety Fitness Rating.

If a motor carrier believes the CSP committed an error in assigning its’ Safety Fitness Rating, the motor carrier may request an administrative review of the Compliance Review that resulted in the assignment of the disputed Safety Fitness Rating. The request from the motor carrier must comply with the following provisions: 9.3.1. The request must be in writing and addressed to the Chief within 30 calendar days of the assignment of the proposed Safety Fitness Rating. 9.3.2. The request must explain the error the motor carrier believes the CSP committed in issuing the Safety Fitness Rating. The motor carrier must include a list of all factual and procedural issues in dispute and any information or documentation that supports its assignment. 9.3.3. The Chief may request more information and/or require the motor carrier to attend a conference to discuss the rating. If the motor carrier does not provide the information requested or attend the conference, the Chief may dismiss the request. 9.3.4. The Chief will serve the decision in writing within 30 calendar days of receiving the request. 9.3.5. The proposed Safety Fitness Rating will remain as a proposed Safety Fitness Rating until the decision of the Chief. 9.3.6. The decision of the Chief will include the assignment of a final Safety Fitness Rating. The decision will constitute a final action by the CSP. 9.4. Motor Carrier Request to Change Safety Fitness Rating for Corrective Action(s).

An intrastate motor carrier may request a change to its’ Safety Fitness Rating based on corrective actions completed by the motor carrier. A request to change a Safety Fitness Rating based on corrective action(s) cannot be made by a motor carrier and will not be acted upon by the CSP sooner than 90 calendar days after the assignment of a proposed Safety Fitness Rating. The request must be submitted in writing and addressed to the Chief. The request must include the following information, as it is relevant to the motor carrier: 9.4.1. A description of corrective action(s) taken by the motor carrier since the assignment of the Safety Fitness Rating. 9.4.2. A description of how the corrective action(s) address(es) each violation identified in the most recent Compliance Review as an acute and/or critical violation. The motor carrier must also address factor six (crashes) of the Compliance Review when the rating entered for factor six is “unsatisfactory.” 9.4.3. An explanation as to why the violation(s) cited as acute and/or critical were permitted to occur. 9.4.4. The corrective action(s) taken by the motor carrier to ensure against these critical and/or acute violations in the future. 9.4.5. If factor six (crashes) is rated unsatisfactory, an accident countermeasure program must be included as part of the corrective action(s) addressed.

The program must include, but not be limited to, defensive driving training. 9.4.6. If the corrective action(s) include(s) action(s) to be taken shortly, such as training, reorganization of departments, purchasing of computer programs, etc., a schedule of when the corrective action(s) is to occur must be included. 9.4.7. Any additional documentation or information that relates to motor carrier safety, additional voluntary corrective action(s), and the prevention of crashes and hazardous materials incidents must be included. 9.4.8. A written statement certifying that the motor carrier will operate in compliance with the motor carrier safety and hazardous materials regulations adopted by the CSP under Sections 42-4-235 and 42-20-108, CRS, and all other relevant state and local laws. 9.4.9. The request must be signed by a corporate officer in the case of a corporation, a member or manager in the case of an LLC, by the general partner of a limited partnership, or by all partners or proprietors in the case of a general partnership or proprietorship. 9.5. Motor Carrier Request to Change Safety Fitness Rating Through Compliance Review.

A motor carrier may request a change in its Safety Fitness Rating by requesting a subsequent Compliance Review, as follows: 9.5.1. The request for a subsequent Compliance Review must be made to the Chief in writing. 9.5.2. The motor carrier cannot make the request, and the request will not be acted upon by the CSP sooner than 90 calendar days after the assignment of a proposed Safety Fitness Rating. 9.5.3. As part of the subsequent Compliance Review, a Compliance Review Investigator will review the corrective action(s) taken by the motor carrier since the last Compliance Review. 9.6. Request for an Administrative Review/Compliance Review Does Not Preempt Requests for Other Administrative/Compliance Reviews.

Requesting a review of a Safety Fitness Rating under Part 9.3 of these rules does not prevent a motor carrier from requesting a review of the same Safety Fitness Rating under Parts 9.4 or 9.5. Conversely, a request to review initially under Part 9.4 will not preclude subsequent requests under Parts 9.3 or 9.5, nor will an initial request to review under Part 9.5 prohibit subsequent requests under Parts 9.3 or 9.4. 9.7. Final Safety Fitness Rating Assignment.

Absent any request from a motor carrier to administratively review a Compliance Review resulting in the assignment of a Safety Fitness Rating or any other request to change a Safety Fitness Rating from a motor carrier, a Safety Fitness Rating becomes final on the 91 ST calendar day following its assignment.

MCS 10. Compliance Reviews and Civil Penalties.

Under Section 42-4-235 (2) (c), CRS, the CSP has exclusive authority to conduct Compliance Reviews as defined in 49 CFR 385.3 and to impose sanctions on motor carriers in the form of Civil Penalties for violations discovered. Section 42-4-235 (2) (a), CRS, provides that any person who violates the rules adopted by the Chief under

Section 42-4-235 (4) (a), CRS, is subject to the Civil Penalties authorized by 49 CFR 386, Subpart G. Section 42-4-235 (2) (a), CRS, also authorizes assessment of Civil Penalties against intrastate motor carriers determined to be operating in violation of these rules. 10.1. Determination of Civil Penalty Assessment.

The amount of a Civil Penalty Assessment against an intrastate motor carrier is influenced by the Civil Penalties authorized by 49 CFR 386 Subpart G, as it is codified into Section 42-4-235 (2) (a), CRS. The following criteria are factors included in the determination of any intrastate Civil Penalty Assessment: 10.1.1. Scope of Review May Not Exceed 3 Years.

Consistent with Section 42-4-235 (2) (b) (II), CRS, an authorized CSP Enforcement Official will not consider more than three years of a motor carrier’s safety compliance history when determining a Civil Penalty Assessment. 10.1.2. Applicability of 49 CFR 386 Subpart G to Intrastate Motor Carriers.

As codified into law through Section 42-4-235 (2) (b) (I), CRS, 49 CFR 386

Subpart G applies to the determination of Civil Penalties assessed against intrastate motor carriers, thus: 10.1.2.1. The determination of an intrastate motor carrier Civil Penalty may include consideration of the nature and gravity of the violation(s) identified, the degree of culpability, and such other matters as justice and public safety may require. 10.1.2.2. The Civil Penalty Fine Schedules detailed within Appendices A and B to Subpart G of 49 CFR 386 are codified as a result of

Section 42-4-235 (2) (a), CRS. These fine schedules provide guidance and support for determining and calculating Civil Penalty Assessments. The Civil Penalty Fine Schedules of Appendices A and B to Subpart G of 49 CFR 386 are incorporated into these rules as is consistent with Section 42-4-235 (2) (a), CRS. 10.1.2.3. Provisions of 49 CFR 386 Subpart G relating the amount of a Civil Penalty Assessment to the ability of a motor carrier to pay the assessment are explicitly excluded. They are not considered when determining or assessing a Civil Penalty against an intrastate motor carrier. 10.1.2.4. The intrastate operation of implements of husbandry is exempted from and is not subject to the Civil Penalties that may be assessed under Section 42-4-235 (2) (a), CRS. Section 42-4-235 (2) (a), CRS, does not repeal, preempt, or negate any existing regulatory agricultural exemption that is extended to any vehicle operated intrastate consistent with Section 42-4-235 (2) (b) (III), CRS. 10.2. Notice of Civil Penalty Assessment (NOC).

A Compliance Review may or may not result in the assessment of a Civil Penalty for violations discovered during a Compliance Review. If a Civil Penalty is assessed upon the completion of a Compliance Review, written notification of a Civil Penalty assessment will be served on a motor carrier in the form of an NOC. 10.3. Motor Carrier Response to Civil Penalty NOC Required.

A motor carrier must respond to the MCSS within 30 calendar days of service of the NOC on the carrier by either: 10.3.1. Paying the full amount of the Civil Penalty as instructed in the NOC; or 10.3.2. Submitting a written request for a payment plan to the Commander of the MCSS; or 10.3.3. Submitting a written response requesting an administrative review of the Civil Penalty Assessment. 10.4. Motor Carrier Requests for Administrative Review of Civil Penalty Assessments.

If a motor carrier believes the CSP committed an error in determining or assessing a Civil Penalty, the carrier may request an administrative review. The following provisions apply to the administrative review process: 10.4.1. A request for an administrative review of a Civil Penalty Assessment must be in writing and addressed to the Chief within 30 calendar days of the service of the NOC. 10.4.2. A request must explain the error the motor carrier believes the CSP committed in determining or assessing the Civil Penalty. The written request must include a list of issues in dispute and any supporting information or documentation. 10.4.3. Within 10 calendar days of receipt, the Chief or his or her designee may request additional information and/or request the motor carrier to attend an administrative review conference to discuss the penalty. A motor carrier must respond within 30 calendar days of any request for additional information and will receive at least 30 calendar days’ notice of any scheduled administrative review conference. Notice will be in person, by certified mail, or, upon the parties’ agreement, by email. 10.4.3.1. Upon receipt of the additional information requested from a motor carrier, the Chief or his or her designee will schedule an administrative review conference with written notice consistent with 10.4.3. 10.4.3.2. Failure of a motor carrier to respond within 30 calendar days to a request for additional information will immediately result in the scheduling of an administrative review conference with written notice consistent with 10.4.3. 10.4.4. The Chief or his or her designee will serve the motor carrier with a written decision within 20 calendar days after the Chief or his or her designee has determined the administrative record is complete. An administrative record will not be determined complete before the end of any request or review conference and response period extended by the CSP to the motor carrier through 10.4.3. 10.4.4.1. The failure of a carrier to provide additional information as requested under 10.4.3 for purposes of an administrative review will be construed to mean the motor carrier has submitted its complete response. 10.4.5. Within 30 calendar days after service of the written decision of the Chief or his or her designee, a motor carrier may appeal a decision arising out of an administrative review of a Civil Penalty Assessment. Appeals must be in writing and addressed to the Chief. Additionally, appeals of civil penalties following an administrative review must: 10.4.5.1. Be mailed to the Colorado State Patrol Motor Carrier Safety

Section. 10.4.5.2. Include a copy of the letter outlining the decision reached by the administrative review completed by the Chief or his or her designee. 10.4.5.3. A statement specifically outlining the error the motor carrier believes the Colorado State Patrol made in its sanctioning of the motor carrier, either in determining the violations or assessing the Civil Penalty. 10.4.5.4. A list of any issues stipulated to, resolved, or upon which agreement was reached during the administrative review process. 10.4.5.5. A list of any issues upon which agreement was not reached and remained in dispute or that the motor carrier finds to be in error despite the administrative review process. 10.4.5.6. Whether the motor carrier is appealing the civil penalty in whole or in part, and any legal documentation or authority available supporting or substantiating the motor carrier’s position; and 10.4.5.7. Whether the motor carrier requests that the hearing be presided over by an Administrative Law Judge from the Office of Administrative Courts instead of the Chief of the CSP or his or her designee. 10.4.6. Absent a specific request otherwise, the Chief of the CSP or his or her designee may preside over a hearing appealing a Civil Penalty after an administrative review. The Chief or his or her designee may withdraw and request an Administrative Law Judge from the Office of the Administrative Courts to be assigned and continue the hearing unless the withdrawal of the Chief or his or her designee would make it impossible for the CSP to render a decision. 10.4.6.1. Within 10 calendar days of receipt of a request to appeal a decision arising out of an administrative review of a Civil Penalty, the Chief or his or her designee will schedule an administrative appeal hearing. 10.4.6.2. The motor carrier will receive at least 30 calendar days’ notice of any scheduled administrative appeal hearing. Notice will be in person, by certified mail, or, upon the parties’ agreement, by email. 10.4.7. The Chief or the Administrative Law Judge will serve the parties with a written decision within 20 calendar days after the Chief or the Administrative Law Judge has determined that the administrative hearing record is complete. Upon agreement of the parties, the notice will be in writing by certified mail or by email, and will also be made in person. This written decision will constitute a final agency action. 10.4.8. The motor carrier has 35 calendar days from the date of a final agency decision to file an action in an appropriate district court under

Section 24-4-106 (4), CRS. 10.5. Motor Carrier Failure to Respond or Cooperate.

A motor carrier who fails to cooperate with the completion of a Compliance Review or who fails to pay in full a Civil Penalty assessed consistent with these rules and Section 42-4-235 (2), CRS, is subject to additional statutory action. 10.5.1. Under Section 42-4-235 (2) (d) (I), CRS, the MCSS will forward to the CDOR the information of any motor carrier that does not cooperate with a request for a Compliance Review or who fails to pay a Civil Penalty Assessment in full 30 calendar days after notice of failure of a specified motor carrier to cooperate or pay. 10.5.2. The CDOR will take action against a motor carrier as authorized and required under Section 42-3-120, CRS.

MCS 11. Information on These Rules.

All contact with the CSP concerning these rules or their applicability should be addressed to:

Motor Carrier Safety Section 15075 S. Golden Rd.

Golden, CO., 80401-3990 (303)-273-1875 (Office)

(303)-273-1939 (Fax)

MCSAP@state.co.us MCS 12. Information Maintenance and Reference of Publications, Standards, Guidelines, and Rules.

All publications, standards, guidelines, and rules adopted and incorporated by reference in these rules are on file and available for public inspection. These rules are available upon request from the MCSS at 15075 S. Golden Rd., Golden, CO., 80401-3990, during regular business hours and are also available online through the CDPS Rulemaking Information Website, https://publicsafety.colorado.gov/cdps-rules-coloradocode-of-regulations. 12.1. Available for Public Inspection and Referenced Consistent with Statute.

All publications, standards, guidelines, and rules adopted and incorporated by reference by these rules are available for examination at any state publications depository as required by Section 24-4-103 (12.5), CRS. The following publications, standards, guidelines, and rules are adopted as amended by and within these rules and as is consistent with Section 24-4-103 (12.5), CRS.

References here follow: 12.1.1. Commercial Vehicle Safety Alliance (2026), North American Standard Out-of-Service Criteria (OOSC). April 1, 2026. Greenbelt, MD:

Author. 12.1.2. Federal Motor Carrier Safety Regulations, 49 CFR 40, 380, 382, 383, 385, 387, 390, 391-397, 399, and Appendix A (October 1, 2025). This information is also available online at https://www.fmcsa.dot.gov/regulations. 12.1.3. Federal Motor Carrier Safety Regulations, 49 CFR 386, Subpart G, and Appendices A and B as codified by Section 42-4-235 (2) (a), CRS.

Appendices A and B to Subpart G of 49 CFR 386 may be found online at https://www.fmcsa.dot.gov/regulations. 12.2. Maintenance of Copies.

The CSP will maintain complete texts of each of the publications, standards, and guidelines referenced herein, as well as these rules. 12.3. Availability of Copies.

Interested parties may access information about referenced documents online free of charge. Interested parties may also inspect the referenced materials and/or obtain copies of any referenced publications, standards, or guidelines for a reasonable fee by contacting the CSP CRU. Copies of referenced publications, standards, and guidelines may also be available from their organizations or agencies of origin. 12.3.1. Commercial Vehicle Safety Alliance (CVSA), 6303 Ivy Lane, Suite 310, Greenbelt, Maryland, 20770-6319. Phone: (301)-830-6143. Email: cvsahq@cvsa.org. 12.3.2. Federal Motor Carrier Safety Administration (FMCSA), 1200 New Jersey Ave., SE, Room W-65-206, Washington, DC, 20590. Phone: 1 (800)-832-5660. Website: www.fmcsa.dot.gov.

MCS 13. Severability.

If any provision of these rules or the application thereof to any person or circumstance is determined to be unlawful or invalid, the remaining provisions of these rules will not be affected, absent a specific reference.

MCS 14. Effective Date.

The effective date of these rules is April 1, 2026.

Editor’s Notes

History Entire rule eff. 04/30/2007.

Entire rule eff. 08/30/2007.

Rules I, II, III, IV, V, VI eff. 04/30/2008.

Rules II, IV, V, VI eff. 03/02/2009.

Rules III (B), IV (C) eff. 05/30/2009.

Entire rule emer. rule eff. 08/05/2009.

Entire rule eff. 10/30/2009.

Entire rule eff. 04/30/2010.

Entire rule eff. 04/30/2011.

Entire rule eff. 04/30/2012.

Entire rule eff. 04/30/2013.

Entire rule eff. 04/01/2014.

Entire rule eff. 04/01/2015.

Entire rule eff. 03/30/2016.

Entire rule eff. 04/30/2017.

Rules III, IV.B, V.A , V.C, VI.B.2.a, VI.B.4.a, VI.B.5.b.iv, VII.B eff. 03/17/2018.

Entire rule eff. 03/17/2019.

Rules III, IV, V.A-V.A.4, V.A.16, V.B.4, VII.A, VII.B.2.h, VII.B.4.b.iv, VIII.B.1.a-b, VIII.B.2 eff. 04/01/2020.

Entire rule eff. 04/01/2021.

Rules 4.2, 4.3, 5.1, MCS 6, 9.6.5, 9.7.3, 9.10.1, 9.12.3, 9.16, MCS 11, 11.1.1, 11.1.2, 11.3.1 eff. 04/01/2022.

Entire rule eff. 03/31/2023.

Entire rule eff. 04/01/2024.

Entire rule eff. 04/01/2025.

Entire rule eff. 04/01/2026.

8 CCR 1507-6 NUCLEAR MATERIALS TRANSPORTATION ROUTE DESIGNATION [Repealed eff. 03/01/2004] {#sec-8-ccr-1507-6 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-6}

DEPARTMENT OF PUBLIC SAFETY

Colorado State Patrol NUCLEAR MATERIALS TRANSPORTATION ROUTE DESIGNATION - Repealed eff. 03/01/2004 8 CCR 1507-6 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Repealed 01/14/04 (material merged into 8 CCR 1507-25), Effective 03/01/04 _________________________________________________________________________ Editor’s Notes

History

8 CCR 1507-7 HAZARDOUS MATERIALS ROUTE DESIGNATION [Repealed eff. 03/01/2004] {#sec-8-ccr-1507-7 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-7}

DEPARTMENT OF PUBLIC SAFETY

Colorado State Patrol RULES AND REGULATIONS CONCERNING HAZARDOUS MATERIALS ROUTE DESIGNATION - Repealed eff. 03/01/2004 8 CCR 1507-7 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Repealed 01/14/04 (material merged into 8 CCR 1507-25), Effective 03/01/04 _________________________________________________________________________ Editor’s Notes

History

8 CCR 1507-8 HAZARDOUS MATERIALS TRANSPORTATION PERMITS [Repealed eff. 03/01/2004] {#sec-8-ccr-1507-8 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-8}

DEPARTMENT OF PUBLIC SAFETY

Colorado State Patrol RULES AND REGULATIONS CONCERNING HAZARDOUS MATERIALS TRANSPORTATION PERMITS - Repealed eff. 03/01/2004 8 CCR 1507-8 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Repealed 01/14/04 (material merged into 8 CCR 1507-25), Effective 03/01/04 _________________________________________________________________________ Editor’s Notes

History

8 CCR 1507-9 TRANSPORTATION OF HAZARDOUS MATERIALS IN THE STATE OF COLORADO [Repealed eff 03/01/2004] {#sec-8-ccr-1507-9 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-9}

DEPARTMENT OF PUBLIC SAFETY

Colorado State Patrol TRANSPORTATION OF HAZARDOUS MATERIALS IN THE STATE OF COLORADO - Repealed eff. 03/01/2004 8 CCR 1507-9 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Repealed 01/14/04 (material merged into 8 CCR 1507-25), Effective 03/01/04 _________________________________________________________________________ Editor’s Notes

History

8 CCR 1507-13 TRANSPORTATION OF NUCLEAR MATERIALS WITHIN THE STATE OF COLORADO [Repealed eff. 03/01/2004] {#sec-8-ccr-1507-13 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-13}

DEPARTMENT OF PUBLIC SAFETY

Colorado State Patrol TRANSPORTATION OF NUCLEAR MATERIALS WITHIN THE STATE OF COLORADO - Repealed eff. 03/01/2004 8 CCR 1507-13 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Repealed 01/14/04 (material merged into 8 CCR 1507-25), Effective 03/01/04 _________________________________________________________________________ Editor’s Notes

History

8 CCR 1507-18 THE USE OF SURGE BRAKES [Repealed eff. 03/30/2016] {#sec-8-ccr-1507-18 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-18}

DEPARTMENT OF PUBLIC SAFETY

Colorado State Patrol RULES AND REGULATIONS CONCERNING THE USE OF SURGE BRAKES - Repealed eff. 03/30/2016 8 CCR 1507-18 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 04/01/2015.

Entire rule repealed eff. 03/30/2016.

8 CCR 1507-19 INTRASTATE TRANSPORTATION OF AGRICULTURAL PRODUCTS IN THE STATE OF COLORADO [Repealed eff. 03/01/2004] {#sec-8-ccr-1507-19 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-19}

DEPARTMENT OF PUBLIC SAFETY

Colorado State Patrol INTRASTATE TRANSPORTATION OF AGRICULTURAL PRODUCTS IN THE STATE OF COLORADO - Repealed eff. 03/01/2004 8 CCR 1507-19 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Repealed 01/14/04 (material merged into 8 CCR 1507-25), Effective 03/01/04 _________________________________________________________________________ Editor’s Notes

History

8 CCR 1507-22 Claims for Reimbursement for the Costs of Response and Mitigation of Hazardous Substance Incidents {#sec-8-ccr-1507-22 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-22}

Department of Public Safety RULES AND REGULATIONS CONCERNING CLAIMS FOR REIMBURSEMENT FOR THE COSTS OF RESPONSE AND MITIGATION OF HAZARDOUS SUBSTANCE INCIDENTS 8 CCR 1507-22 [Editor’s Notes follow the text of the rules at the end of this CCR Document.]

Part I General Statements 1.0. Authority to Adopt Rules and Regulations.

Pursuant to Section 29-22-104 (6) (A), CRS, the Executive Director of the Colorado Department of Public Safety (CDPS) is authorized to adopt rules and regulations establishing a process through which a public entity, political subdivision of the state, or unit of local government may claim reimbursement of reasonable, necessary, and documented response and/or mitigation costs attributable to a hazardous substance incident. The Executive Director is further authorized by Section 29-22-104 (6) (B), CRS, to establish access to qualified persons to assist in the mediation or arbitration of dispatched hazardous incident response claims. 1.1. Applicability.

These rules and regulations apply to all public entities, state political subdivisions, and/or units of local government. These rules apply to the submission of reimbursement claims arising out of the response and mitigation of hazardous materials incidents where the Colorado State Patrol (CSP) is the Designated Emergency Response Authority (DERA) as defined within Section 29-22-102, CRS, according to the provisions of Section 29-22-104, CRS. 1.2. Definitions.

Unless otherwise specified, the definitions provided in Section 29-22-101 (2), CRS, apply to these rules. The following definitions are also applicable: 1.1.1. Costs: Means the amount of money and/or damages related to hazardous substance incident response and mitigation activities. Costs may be direct or indirect. 1.1.2. Department: Means the Colorado Department of Public Safety (CDPS). 1.1.3. Designated Emergency Response Authority (DERA): Has the same meaning as set forth within Section 29-22-102, CRS. 1.1.4. Direct Costs: Include those costs specifically incurred as a result of responding to and/or mitigating a hazardous substance incident. Direct costs may include use/damage; vehicle use and/or damage; expenditure of response/mitigation supplies; use of contract services; laboratory testing; and disposal and/or storage of hazardous materials/substances. 1.1.5. Director: Means the Executive Director of the Colorado Department of Public Safety (CDPS). 1.1.6. Indirect Costs: Include costs resulting from responding to a hazardous substance incident that are not considered direct costs. Indirect costs may include clerical, accounting, and legal services; report preparation costs; hazardous substance incident planning; and those costs arising out of subsequent processing or resolution of a claim for hazardous response incident reimbursement. 1.1.7. Responsible Party: Means the person having care, custody, and/or control of a hazardous substance at the time it is involved in a hazardous substance incident.

Part II HSCR 2.0: Hazardous Substance Incident Response Documentation.

Responding agencies must provide to the Hazardous Materials Training and Response Section of the CSP, hereinafter the CSP Hazardous Materials Section, written documentation of any hazardous substance incident response and/or mitigation activity. This written documentation must include, at a minimum: 2.1.1. The date, time, and location of the hazardous substance incident; 2.1.2. Identification of the hazardous substance(s); 2.1.3. Identification of the DERA and all other private or public agencies present at the scene of the incident; 2.1.4. A summary describing the incident and all mitigation activity performed by the responding agency; 2.1.5. The type and number of response personnel involved; 2.1.6. The type and number of response vehicles involved; and 2.1.7. The type of equipment used in response to the hazardous substance incident.

Part III HSCR 3.0: Establishing Reimbursable Costs.

Eligible reimbursement costs may include direct and/or indirect costs as each cost is identified within the definitions of these rules. Regardless of costs being direct or indirect, all claims requesting reimbursement of costs resulting from a response to a hazardous substance incident must be in writing. 3.1.1. Calculation of Direct Costs. When calculating hazardous substance incident reimbursement claims for direct costs, agencies should include in the written claim the following information, as each applies to the incident: 3.1.1.1. The actual hourly rate for personal salaries (regular and/or overtime); 3.1.1.2. The actual cost of expended supplies; 3.1.1.3. The actual cost to replace or repair equipment (not vehicles) used during a response to a hazardous substance incident; 3.1.1.4. An amortization/depreciation schedule for vehicles involved or the Federal Emergency Management Agency (FEMA) schedule of equipment rates outlined in 44 CFR 206.228; 3.1.1.5. A reimbursement rates schedule for expenses incurred by the CSP when responding to or mitigating hazardous substance incidents referencing applicable FEMA schedule rates, together with applicable, averaged CSP costs is available upon request. The CSP Hazardous Materials Section will update this schedule biannually. 3.1.2. Calculation of Indirect Costs. When calculating claims for indirect costs arising out of response to a hazardous substance incident, responding agencies may calculate indirect costs: 3.1.2.1. Using a formula currently in use by the responding agency to calculate indirect costs; or 3.1.2.2. By electing a standard calculation for indirect costs that equal up to 10% of the total direct costs being claimed by the responding agency.

Part IV HSCR 4.0: Claims Processing.

Claims for reimbursement must be submitted to the responsible party as soon as possible after the DERA declares the hazardous substance incident site safe. 4.1.1. All communications from an agency claiming reimbursement for response to a hazardous substance incident to a responsible party must be in writing. The initial delivery of a reimbursement claim from an agency to a responsible party must be by certified mail.

Part V HSCR 5.0: Dispute Resolution.

The Director will maintain a list of qualified persons available to perform as volunteer ombudsmen, mediators, or arbitrators to resolve disputes related to hazardous substance incident response claims. This list is available upon a written request addressed to the Director or his or her designee. 5.1.1. Persons volunteering to act as ombudsmen, mediators, or arbitrators for disputes related to hazardous substance incident response reimbursement claims must meet the qualifications identified within

Section 29-22-104 (6) (B), CRS. 5.1.2. Parties who become subject to dispute resolution consistent with Section 29-22-104 (6) (B), CRS, may either enter into such agreements or understandings as may be necessary to resolve a hazardous substance incident response reimbursement claim.

Part VI HSCR 6.0: DERA Reporting Responsibilities.

Pursuant to Section 29-22-102 (3) (a) and (b), CRS, the designation of a DERA to respond to hazardous substance incidents occurring within the corporate limits of a town, city, city and county, or within unincorporated areas of a county must be reported annually to the CSP Hazardous Materials Section. Annually reported DERA designation information should be submitted to the CSP Hazardous Materials Section electronically at dera@state.co.us.

Part VII HSCR 7.0: Publications and Rules Incorporated by Reference.

All publications and rules referred to in these regulations are on file and available for public inspection by contacting the CSP Hazardous Materials Section, 15065 S. Golden Road, Golden, CO., 80401. 7.1.1. All publications, standards, guidelines, and rules adopted and incorporated by reference in these rules will be provided to and made available for examination at any state publications depository library as required by Section 24-4-103 (12.5), CRS. The following publications, standards, guidelines, and rules are adopted as amended within these rules consistent with Section 24-4-103 (12.5), CRS: 7.1.1.1. Federal Emergency Management Agency, Department of Homeland Security, 44 CFR 206.228 (2025). The amortization/depreciation schedule of equipment rates is available online through the FEMA website at: https://www.FEMA.gov/assistance/public/tools-resources/scheduleequipment-rates. 7.1.2. The CSP Hazardous Materials Section will maintain copies of the complete texts of any referenced publications, standards, guidelines, and rules and will make such documents available for public inspection during regular business hours. 7.1.2.1. Interested parties may access any referenced publications, standards, guidelines, or rules free of charge online as indicated in

part 7.1.1 of these rules. 7.1.2.2. Interested parties may also inspect any referenced materials and/or obtain copies of the adopted standards for a reasonable fee by first contacting the CSP Central Records Unit (CRU) at 700 Kipling St., Lakewood, CO., 80215. Copies of any adopted publications, standards, guidelines, and rules may also be available from the organization of the original publication: 7.1.2.2.1. Federal Emergency Management Agency (FEMA), Department of Homeland Security (DHS).

Amortization/Depreciation Schedule for Equipment Rates (2021). 500 C St., SW, Washington, DC 20472. Phone: 1- 800-624-3362. This schedule may also be found online at https://www.FEMA.gov/assistance/public/toolsresources/schedule-equipment-rates. 7.1.3. These rules do not include later amendments to or editions of any publications, standards, guidelines, or rules incorporated by reference herein. 7.1.4. These rules are available online through the CSP Hazardous Materials

section webpage at https://csp.colorado.gov/reimbursement-program and the CDPS Rulemaking Information webpage, https://publicsafety.colorado.gov/cdps-rules-colorado-code-of-regulations.

All contact with the CSP regarding these rules or their applicability should be addressed to:

Colorado State Patrol, Hazardous Materials Section 15065 S. Golden Rd.

Golden, CO., 80401 303-273-1900

Part VIII HSCR 8.0: Severability.

If any provision of these rules or the application thereof to any person or circumstance is determined to be unlawful or invalid, the remaining provisions of these rules will not be affected, absent a specific reference.

Editor’s Notes

History Entire rule eff. 04/30/2008.

Entire rule eff. 04/30/2013.

Entire rule eff. 03/30/2016.

Rule HSCR 5 eff. 04/30/2017.

Rules HSCR 2:B.2.ii, HSCR 3:A.1, HSCR 4:A eff. 03/17/2018.

Entire rule eff. 04/01/2020.

Entire rule eff. 04/01/2022.

Entire rule eff. 03/31/2023.

Entire rule eff. 04/01/2024.

Entire rule eff. 04/01/2026.

8 CCR 1507-25 The Permitting, Routing and Transportation of Hazardous and Nuclear Materials and the Intrastate Transportation of Agricultural Products in the State of Colorado {#sec-8-ccr-1507-25 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-25}

Department of Public Safety RULES AND REGULATIONS CONCERNING THE PERMITTING, ROUTING & TRANSPORTATION OF HAZARDOUS AND NUCLEAR MATERIALS AND THE INTRASTATE TRANSPORTATION OF AGRICULTURAL PRODUCTS IN THE STATE OF COLORADO 8 CCR 1507-25 [Editor’s Notes follow the text of the rules at the end of this CCR Document.]

Part 1 General Statements 1.0 Authority.

The Chief of the Colorado State Patrol is authorized by Section 42-20-108 (1) and (2), CRS, and Sections 42-20-403, 42-20-504, and 42-20-508 to promulgate rules and regulations for the permitting, routing, and safe transportation of hazardous and nuclear materials by motor vehicle within Colorado, in either interstate or intrastate transportation. Additionally, consistent with Section 42-20- 108.5, CRS, the Chief of the Colorado State Patrol is also authorized to adopt rules and regulations exempting agricultural products from hazardous materials rules. 1.1 Applicability.

These rules and regulations apply to all persons who transport, ship, or cause to be transported or shipped, hazardous, nuclear, or agricultural materials or products by motor vehicle over the public roads of Colorado. 1.2 Required Compliance with 8 CCR 1507-1.

All commercial vehicles transporting hazardous and/or nuclear materials must comply with 8 CCR 1507-1, the Rules and Regulations Concerning the Minimum Standards for the Operation of Commercial Vehicles. 1.3 General Definitions.

Unless otherwise specified, definitions of general applicability throughout these rules are: 1.3.1 CDOT: Colorado Department of Transportation. 1.3.2 CDPHE: Colorado Department of Public Health and Environment. 1.3.3 CDPS: Colorado Department of Public Safety. 1.3.4 CFR: Code of Federal Regulations. 1.3.5 Chief: The Chief of the Colorado State Patrol. Unless otherwise specified, also includes the designees of the Chief of the Colorado State Patrol where the designation is permissible and consistent with state statute and applicable CDPS and CSP rules and policies. 1.3.6 CSP: Colorado State Patrol. 1.3.7 CVSA: Commercial Vehicle Safety Alliance. 1.3.8 Enforcement Official: As identified within Section 42-20-103 (2), CRS, is limited to a peace officer who is an officer of the CSP as described in Sections 16-2.5-101 and 16-2.5-114, CRS; a certified peace officer who is a certified Port of Entry officer as described in Sections 16-2.5-102 and 16-2.5-115, CRS; a peace officer who is an investigating official of the Public Utilities Commission as described in Sections 16-2.5-101 and 16- 2.5-143, CRS; or any peace officer as described in Section 16-2.5-101, 1.3.9 FMCSA: Federal Motor Carrier Safety Administration. 1.3.10 FMCSR: Federal Motor Carrier Safety Regulations. 1.3.11 Hazardous Materials: As defined within Section 42-20-103 (3), CRS, are those materials listed in Tables 1 and 2 of 49 CFR 172.504, excluding highway route-controlled quantities of radioactive materials as defined in 49 CFR 173.403 (2), excluding ores and the wastes and tailing therefrom, and excluding special fireworks where the aggregate amount of flash powder does not exceed 50 pounds. 1.3.12 Motor Vehicle: As defined within Section 42-20-103 (4), CRS, is any device capable of moving from place to place on public roads. The term includes any motorized vehicle or any such vehicle with a trailer or semitrailer attached thereto. 1.3.13 MOU: Memorandum of Understanding. 1.3.14 OOS: Out-of-Service. 1.3.15 Person: As defined within Section 42-20-103 (6), CRS, is an individual, a corporation, a government or governmental subdivision or agency, a partnership, an association, or any other legal entity; except that separate divisions of the same corporation may, at their request, be treated as separate persons. 1.3.16 POE: Port of Entry, a section of the CSP. 1.3.17 PUC: Public Utilities Commission.

Part 2 Hazardous Materials Transportation (HMT)

HMT 2.0 Application of 49 CFR to the Transportation of Hazardous Materials.

The transportation of hazardous materials by motor vehicle must occur consistently with the regulations contained in 49 CFR 107 Hazardous Materials Program Procedures 49 CFR 171 General Information, Regulations and Definitions 49 CFR 172 Hazardous Materials Table, Special Provisions, Hazardous Materials Communications, Emergency Response Information, Training Requirements, and Security Plans 49 CFR 173 Shippers- General Requirements for Shipments and Packagings 49 CFR 177 Carriage by Public Highway 49 CFR 178 Specifications for Packagings 49 CFR 180 Continuing Qualification and Maintenance of Packagings 49 CFR 387 Minimum Levels of Financial Responsibility for Motor Carriers 49 CFR 397 Transportation of Hazardous Materials, Driving and Parking Rules of the United States Department of Transportation Hazardous Materials Regulations as the same were effective on October 1, 2025. Section 42-20-108 (3), CRS, provides that these federal regulations may be used as general guidelines by the Chief in the promulgation of these rules. These rules adopt the aforementioned sections of the CFR to support the enforcement of regulations concerning the transportation of hazardous materials with the following modifications:

HMT 2.0.1 Definition of Person.

The definition of a person is as it is described within these rules. The definition of person set forth within 49 CFR 107.1 is not applicable.

HMT 2.0.2 Inapplicability of Federal Hazardous Materials Regulations Exemption to Persons and Functions. 49 CFR 171.1 (d) (5), as it exempts specific functions from the hazardous materials regulations, is specifically not adopted by these rules and does not apply.

HMT 2.1 CVSA Inspection Standards.

Through an MOU with the CVSA dated October 21, 2022, the CSP, as a division of the CDPS, agrees to adopt the CVSA inspection procedures, decal application policies, and OOS criteria established for the inspection of commercial motor vehicles.

HMT 2.2 Applicability of CVSA Operations Manual.

Enforcement Officials performing safety inspections on motor vehicles transporting hazardous materials will use the inspection procedures, decal application policies, and OOS criteria, as each appears in the CVSA Operations Manual, effective April 1, 2026.

HMT 2.3 Hazardous Materials Incident Notification.

A driver of a motor vehicle transporting hazardous materials as cargo involved in a hazardous materials spill or incident must immediately provide notice of the nature and location of the hazardous materials spill or incident to the law enforcement agency in closest proximity thereto, consistent with the requirements of Section 42-20-113 (3), HMT 2.3.1 Immediate Notice Regarding Hazardous Materials as Cargo.

A driver of a motor vehicle involved in an incident having the potential to result or that does result in the spilling or release of cargo classified as hazardous materials will immediately notify the nearest law enforcement agency of the location of the incident and any other information minimally necessary for an informed response.

HMT 2.3.2 Immediate Notice Regarding Spill or Release of Fuel from Vehicle Fuel Tank.

A driver of a motor vehicle involved in a spill of hazardous material from a fuel tank providing fuel for the motor vehicle and/or equipment thereon will give immediate notice of the spill or release location and any other information minimally necessary for an informed response to the nearest law enforcement agency.

HMT 2.3.3 Minimally Necessary Information Required.

“Minimally necessary information,” as it applies to notification of hazardous materials incidents under Part HMT 2.3 of these rules, includes but is not limited to the following:

HMT 2.3.3.1 The name of the person reporting the incident;

HMT 2.3.3.2 The phone number at which the person reporting the incident can be contacted;

HMT 2.3.3.3 The type of incident;

HMT 2.3.3.4 The type of motor vehicle involved;

HMT 2.3.3.5 The name of the motor carrier involved, if applicable;

HMT 2.3.3.6 The extent of injuries, if any;

HMT 2.3.3.7 The classification, name, and quantity of the hazardous materials involved; and HMT 2.3.3.8 If a continuing danger to public safety or the environment exists at the scene.

HMT 2.3.4 Notice to CSP and CDPHE.

As soon as possible after making an initial notification of a hazardous material spill/incident to the nearest law enforcement agency, the driver of the motor vehicle involved, or a company representative will provide the same minimally necessary information to the:

HMT 2.3.4.1 CSP at (303) 239-4501; and HMT 2.3.4.2 The CDPHE Environmental Spill Reporting Line at (877) 518-5608.

HMT 2.4 Authority to Inspect Motor Vehicles, Books, and Records.

Enforcement Officials, as are identified within these rules or as is consistent with 8 CCR 1507-1, are authorized by Section 42-4-235 (1) (a), CRS, to perform commercial motor vehicle inspections.

HMT 2.4.1 Enforcement Officials Must Meet Inspector Qualifications.

Enforcement Officials authorized to perform commercial motor vehicle safety inspections by Section 42-4-235 (1) (a), CRS, and upon the drivers thereof, are required to meet the inspector qualifications referenced in

Section 42-4-235 (4) (a) (I), CRS, when performing CVSA North American Standard Safety Inspections. All Enforcement Officials performing Level I – VI CVSA North American Standard Safety Inspections must also maintain the certification requirements prescribed in the current CVSA Operations Manual referenced by these rules and incorporated into 8 CCR 1507-1.

HMT 2.4.2 Authority to Inspect.

Enforcement Officials have the authority to inspect motor vehicles, motor vehicle drivers, cargo, and any required documents outlined in 49 CFR 383, 387, 390, 391, 392, 393, 395, 397, and 399, as revised October 1, 2025.

HMT 2.4.3 CSP Enforcement Officials and Compliance Reviews.

CSP Enforcement Officials certified by the FMCSA according to 49 CFR 385, Subpart C, to perform Compliance Reviews and Safety Audits have the authority to enter the facilities of and inspect any motor carrier consistent with Section 42-4-235 (1) (c), CRS, and any required records and supporting documents are outlined in 49 CFR 40, 380, 382, 383, 385, 387, 390, 391, 392, 393, 395, 396, 397, and 399, and Appendix A, revised October 1, 2025.

HMT 2.4.4 Motor Vehicle OOS Criteria.

The CSP incorporates by reference the CVSA North American Uniform OOS Criteria for enforcement purposes, as revised and effective April 1, 2026. Enforcement Officials will use the CVSA North American Uniform OOS Criteria when determining whether a motor vehicle or driver should be placed OOS according to Section 42-20-110, CRS.

HMT 2.4.5 Sharing of Violation Data with CDOT.

The CSP will inform the CDOT in writing of information relevant to violations identified and assessed against a person having a hazardous materials transport permit and engaged in the transportation of hazardous materials. Violations discovered during inspections or compliance reviews are shared to promote the joint interests of public safety and effective enforcement of hazardous materials transport permit conditions, these rules, relevant statutes, and regulations.

HMT 2.4.6 Penalties for Violations.

Any person shipping or transporting hazardous materials in violation of any of the rules of this part is guilty of a misdemeanor. Upon conviction thereof, a person will be subject to a fine and/or imprisonment, as each is indicated within Section 42-20-109, CRS.

Part 3 Hazardous Materials Permits (HMP)

HMP 3.0 Definitions.

For purposes of this part, the following definitions apply:

HMP 3.0.1 Liability Insurance or Surety: As used in these rules, means insurance or surety for public liability.

HMP 3.0.2 Longer Vehicle Combination (LVC): Is any number of vehicle configurations, including a truck tractor as a power unit and multiple trailer combinations, as identified within Section 42-4-505 (2) (a) – (d), CRS.

HMP 3.0.3 Peace Officer: Is defined in Section 16-2.5-101, CRS, and includes Peace Officers who are certified Port of Entry Officers as are described in Sections 16-2.5-101 and 16-2.5-115, CRS.

HMP 3.0.4 Public Liability: Is a liability for bodily injury or property damage, including liability for environmental restoration, as discussed within 49 CFR 387.5.

HMP 3.0.5 Transmix: Also known as Petroleum Distillates, N.O.S., and only as used within this section, is a mixture of refined products specifically and individually exempted under HMP 3.4.3 of these rules. Transmix, as defined by these rules, is a combination of gasoline, diesel, jet fuel, and/or other refined petroleum products transported to processing plants for purposes of distillation and product separation. Transmix falls under UN1268 and is placarded as Class 3 hazardous materials.

HMP 3.1 Annual Hazardous Materials Permit Applications and Fees.

The fees assessed for hazardous materials permits, annually or per trip, are set within Colorado statute under Section 42-20-202 (1) (b) and (c), CRS. The annual hazardous materials transport permit fee schedule is based on the number of motor vehicles an applicant operates within Colorado and is found within Section 42-20-202 (1) (b), CRS.

Consistent with Section 42-20-201, CRS, the CDOT is responsible for the review and approval of any submitted applications and renewals for annual hazardous materials transport permits.

HMP 3.1.1 All Annual Applications Processed by CDOT.

All applications and renewals for Hazardous Materials Transportation Permits, and all applicable fees due therefor, are to be submitted to the CDOT Freight Mobility and Safety Branch. The CDOT Freight Mobility and Safety Branch may be contacted at 2829 W. Howard Pl., Denver, CO., 80204, or by phone at (303)-757-9539. Information may also be found online at https://coopr.codot.gov. All applicable fees must be paid in a manner acceptable to the CDOT.

HMP 3.2 Conditions Applicable to Hazardous Materials Permits.

Several conditions apply to the issue and use of annual hazardous materials permits.

These conditions, detailed within applicable statutes, also include, but are not limited to, the following specifically identified requirements:

HMP 3.2.1 USDOT Number Required.

Hazardous materials transporters within the state of Colorado are required to obtain a USDOT identification number under the provisions of 49 CFR 390.19 before the submission of an annual permit application.

HMP 3.2.2 Annual Permit Fee Affected by Number of Vehicles.

The fee assessed by the CDOT for an annual permit is determined by the number of vehicles being permitted and will be as described within Section 42-20-202 (1) (b), CRS.

HMP 3.2.3 Must Communicate an Increase in Vehicles to CDOT.

Any increase in the total number of declared vehicles permitted to be operating within or through Colorado must be communicated in writing through the completion of an amended request and the payment of any additional fees determined to be due to the CDOT.

HMP 3.2.4 Must Obtain and Maintain Public Liability Insurance Consistent with Section 42-20-202 (2) (a) and (3) (a), CRS.

Persons applying for and receiving an annual hazardous materials transport permit must always obtain and maintain public liability insurance or a surety that must not be less than the minimum limits established within 49 CFR 387, with schedules and endorsements covering all vehicles that may be operated by, for, or under the control of the applicant or permit holder. Applicant must file with the CDOT one of the following:

HMP 3.2.4.1 A National Association of Regulatory Utility Commission (NARUC) “Form E,” “ Uniform Major Carrier Bodily Injury and Property Damage Liability Certificate of Insurance,” executed by a duly authorized agent of the insurer. Also required with this filing is the MCS-90, “Endorsement for Motor Carrier Policies of Insurance for Public Liability under Sections 29 and 30 of the Motor Carrier Act of 1980,” issued by an insurer or insurers, and signed by an authorized representative of the insurance company or companies;

HMP 3.2.4.2 A Form MCS-82, “Motor Carrier Surety Bond for Public Liability under Section 30 of the Motor Carrier Safety Act of 1980,” issued by a surety, and signed by an “Attorney-in-Fact,” with a copy of the Power of Attorney attached; or HMP 3.2.4.3 A copy of a written decision, order, or authorization of the FMCSA authorizing the motor carrier to self-insure under 49 CFR 387.309.

HMP 3.2.5 All Liability or Insurance Coverage Must Match the Exact Name.

All insurance and surety forms coverage must be filed using or under the exact name, initial, corporate, and trade name if any, and address, as it is included in the annual hazardous materials permit application filed and maintained by the CDOT.

HMP 3.2.6 Notice of Insurance or Surety Cancellation or Non-Renewal Required.

Every insurance certificate or surety bond required by and filed with the CDOT must be kept in full force and effect, unless and until canceled by a 30-day written notice or not renewed by a 90-day written notice on a NARUC “Form K,” (Uniform Notice of Cancellation of Motor Carrier Insurance Policies); “Form BMC 35,” (Notice of Cancellation Motor Carrier Insurance); or “Form BMC 36,” (Notice of Cancellation of Motor Carrier Surety Bond), as may be appropriate, from the insurer or surety to the CDOT. The 30-day and 90-day notice will commence from the date the notice is received by the CDOT, and the insurance certificate or surety bond must contain a statement to this effect.

HMP 3.2.7 No Unauthorized Alterations.

No annual permit is to be altered, amended, or copied unless authorized in writing by the CDOT or, in the case of a single-trip permit (as discussed within HMP 3.3 of these rules), by an Enforcement Official.

HMP 3.2.8 Permits Must be Available for Inspection.

The required permits must be readily available for inspection as required by Section 42-20-203, CRS. This requirement is met if a Peace Officer or Enforcement Official can electronically verify the permit is valid at the time of contact.

HMP 3.3 Single Trip Hazardous Materials Permits.

Under Section 42-20-202 (1) (c), CRS, single-trip permits may be obtained from the CSP at all CSP POE weigh stations. Each person transporting hazardous materials in, to, from, or through Colorado who has not previously obtained a valid annual hazardous materials transport permit from the CDOT must apply for and pay for a single-trip hazardous materials transport permit at the nearest CSP POE weigh station, CDOT office, or online using the CDOT Colorado Oversize Overweight Permitting and Routing (COOPR) System.

HMP 3.3.1 Valid for 72 Hours.

Each single-trip permit will be valid for a single continuous business venture, but in no event will the permit be valid for more than 72 hours unless extended by any Enforcement Official for any reason the official deems advisable. Reasons for an extension by an Enforcement Official may include mechanical difficulties and road and weather conditions.

HMP 3.3.2 Issued Upon Approval and Payment.

A single-trip hazardous materials permit will be issued upon the approval of a complete single-trip permit application and the payment of a $25 permit fee.

HMP 3.3.3 Proof of Liability Insurance or Surety Required.

Persons applying for a hazardous materials transportation single-trip permit are required by Section 42-20-202 (3) (a), CRS, to supply proof of liability insurance or surety or sign a verification at the time of the permit HMP 3.3.4 Subsequent Proof Required Where Verification Statement Submitted- Single-Trip Hazardous Materials Permit.

Applicants who sign a verification instead of supplying acceptable proof of financial responsibility (liability insurance or surety) must forward it to the CDOT Freight Mobility and Safety Branch within 30 days of the permit’s issue. With this must be included:

HMP 3.3.4.1 A copy of the Applicant’s single-trip hazardous materials permit; and HMP 3.3.4.2 A legible copy of acceptable proof of financial responsibility as is required by Section 42-20-202, CRS, having matching information as is defined in paragraph HMP 3.2.5 of these rules.

HMP 3.4 LVCs and the Transportation of Hazardous Materials.

LVCs operating under the provisions of the CDOT Rules and Regulations promulgated according to the provisions of Section 43-4-505, CRS, are prohibited from transporting the following specified hazardous material types and quantities:

HMP 3.4.1 Table 1, 49 CFR 172.504.

Any quantity of hazardous material within the hazard classes specified in 49 CFR 172.504, Table 1.

HMP 3.4.2 Table 2, 49 CFR 172.504.

Any material, unless otherwise specified herein, within the hazardous classes specified in 49 CFR 172.504, Table 2, that:

HMP 3.4.2.1 Exceeds 55 gallons per package.

HMP 3.4.2.2 Is transported in quantities using containment systems in excess of 3,500 gallons, except as provided in HMP 3.4.3 of these rules.

HMP 3.4.2.3 Is classified as a “Material Poisonous by Inhalation” as it is defined in 49 CFR 171.8.

HMP 3.4.2.4 Requires evacuation of populated areas as specified in Tables 1, 2, and 3 in the most current version of the North American Emergency Response Guidebook in publication as of February 1, 2024, as referenced by these rules.

HMP 3.4.3 Petroleum-Based Products are Exempt from LVC Transport Prohibition.

The prohibition of subparagraph HMP 3.4.2.2 does not apply to the following petroleum-based products when transported in bulk quantities in an LVC of the type described in Section 42-4-505 (c) and (d), CRS:

HMP 3.4.3.1 Gasoline, UN1203;

HMP 3.4.3.2 Diesel Fuel, NA1993;

HMP 3.4.3.3 Crude Oil, UN1267;

HMP 3.4.3.4 Liquefied Petroleum Gas (LPG), UN1075;

HMP 3.4.3.5 Aviation Fuel, UN1863; or HMP 3.4.3.6 Transmix, UN1268.

HMP 3.4.4 Compliance with Other Applicable Laws.

Persons operating LVCs must operate consistently with all other relevant provisions of state law, rules, and regulations.

HMP 3.5 Penalties for Violations.

Upon conviction, any person shipping or transporting hazardous materials in violation of any rule in this Part 3 is subject to the penalties set forth within Section 42-20-204,

Part 4 Hazardous Materials Route Designation (HMR)

HMR 4.0 Definitions.

The definitions provided in Sections 42-20-103 and 29-22-101, CRS, apply to these rules and regulations. The following definitions also apply:

HMR 4.0.1 Petition: As used within these rules, means a CSP Hazardous Materials Route Designation Packet, including the route analysis process, worksheets, and petition resolution.

HMR 4.0.2 Petitioning Entity or Entities: As used within these rules, means local governmental entities, CDOT, a public highway authority, and any governmental entity that is a partner in a public-private partnership concerning any highway, road, or street it maintains, when making an application to the CSP for a new hazardous materials route designation, or a change to an existing route designation as it is allowed under Section 42-20-302 (1) (a) – (e), CRS.

HMR 4.0.3 Routing Factors: As used within these rules, these are factors that must be considered and specifically addressed as part of any application petitioning the CSP for a new hazardous materials route designation or to change an existing route designation. As it applies to petitions submitted to the CSP, Petitioning Entities must address each of the routing factors referenced by these rules and/or identified by 49 CFR 397.71 (b) (9). If a factor is inapplicable to a route petition, the Petitioning Entity must specifically indicate the factor and the basis for inapplicability.

HMR 4.0.4 Sensitive Areas: Sensitive Areas are areas that may experience a disparate impact in the event of exposure to the release of hazardous materials. This disparate impact may be environmental, social, etc., and could result in a greater demand for emergency and public resources in the event of an emergency related to the release of hazardous materials.

Sensitive Areas include but are not limited to private homes; commercial buildings; special populations in hospitals, schools, prisons, stadiums, senior or group homes; communities having a higher number of ESLspeaking individuals or individuals having physical and/or mental disabilities, as compared to surrounding communities; water sources; and natural areas such as parks, wetlands, and wildlife reserves.

HMR 4.0.5 Special Populations: Groups, individuals, or institutions included in a population that could be potentially exposed in the event of a hazardous materials incident, which are also members of groups that may not be able or are unable to mobilize effectively in response to a threat to public health or safety without the assistance of emergency or other public services personnel.

HMR 4.1 Petition Applications for Route Designations.

Petitioning Entities seeking to petition for a new or change to an existing hazardous materials route designation should consult with and request guidance from the CDOT Freight Mobility and Safety Branch and the CSP Hazardous Materials Section concerning the process, format, and substance of the route petition.

HMR 4.1.1 Introductory Information from CDOT.

Introductory information on the petition application process, FAQs, and unit contact information from CDOT is available online at https://codot.gov/business/hazmat-routing/HazmatRouteAnalysisRequest.

Correspondence to CDOT may be addressed to the CDOT Freight Mobility and Safety Branch at 2829 W. Howard Pl., Denver, CO., 80204.

HMR 4.1.2 Guidance Document is Available from the CSP Hazardous Materials Section.

A guidance document outlining the minimum required elements and documentation that should be included as part of a hazardous materials route designation petition application is available from the CSP Hazardous Materials Section upon request by calling (303)-273-1900 or by contacting the CSP Hazardous Materials Section online at https://csp.colorado.gov/services-we-provide/hazardous-materials.

HMR 4.2 Petition Application Submission According to Section 42-20- 302, CRS.

Petitioning Entities making an application to the CSP for a new hazardous materials route designation or a change in an existing route designation consistent with Section 42-20-302, CRS, may submit a petition application for either purpose to the CSP, no more than once a year.

HMR 4.3 Consideration Factors of 49 CFR 397 are Adopted. 49 CFR 397 is adopted without amendment by these rules. All the factors identified for consideration by 49 CFR 397.71 (b) (9) apply to all new and existing hazardous materials routing petitions. 49 CFR 397.71 sets forth 13 categories of factors that must be considered when any new or existing hazardous materials route is the subject of a hazardous materials routing petition application. Any petition application delivered to the CSP after an initial CSP application review that does not include discussion of these factors will not be deemed to be received, will instead be determined incomplete, and will be returned to the submitting Petitioning Entity for correction and resubmission without prejudice. Broadly, these 13 categories are:

HMR 4.3.1 Population Density.

The population that will be potentially exposed in the event hazardous materials are released, inclusive of residents, employees, motorists, and other persons in the area, with specific discussion of any of those persons or groups that may be special populations. The relationship between population density levels and the potential release of hazardous materials must also be addressed.

HMR 4.3.2 Type of Highway.

The type and characteristics of the highway to be traveled must be identified.

HMR 4.3.3 Types and Quantities of Hazardous Materials.

The type and amount of hazardous materials that will or are normally transported along the petitioned route.

HMR 4.3.4 Emergency Response Capabilities.

An analysis of the emergency response capabilities resulting from consultation with the appropriate fire, law enforcement, and highway safety agencies. The analysis must consider and identify the proximity of facilities and resources to the potential impact zone in the event that hazardous materials are released and must be outlined within the petition application. Furthermore, local governmental authorities petitioning for a new or changes to an existing hazardous material route designation must provide the CSP Hazardous Materials Section with the following information on the hazardous materials emergency response services within their jurisdiction:

HMR 4.3.4.1 The names, addresses, points of contact, radio frequencies, call signs, and emergency and non-emergency phone numbers of all agencies who provide emergency services along the proposed route(s) and available alternatives;

HMR 4.3.4.2 Which of the agencies identified respond to hazardous materials incidents, and during what periods services are available;

HMR 4.3.4.3 Which of the agencies identified have emergency response teams, and the total number of teams each agency has;

HMR 4.3.4.4 The total number of emergency response personnel available for each agency, their level of hazardous materials training; and HMR 4.3.4.5 An inventory list, or other information identifying the hazardous materials response equipment available from each agency.

HMR 4.3.5 Results of Community Outreach/Consultation.

The Petitioning Entity must include the results of any consultation conducted with persons and/or entities who will be affected by the petitioned-for routing or routing change.

HMR 4.3.6 Discussion of Specific Exposure and Risk Factors.

The Petitioning Entity must include a discussion specifying the exposure and risk factors associated with any of the hazardous materials likely to be transported along the petitioned route. Exposure risks for sensitive areas and special populations must be addressed.

HMR 4.3.7 Terrain Considerations.

Discussion of topography along and adjacent to the petitioned routing that may affect the severity of an accident, control of hazardous materials in the event of a release, and impact of the control and clean-up of the release of any hazardous materials must be included.

HMR 4.3.8 Continuity of Routes.

Information on any outreach efforts to adjacent jurisdictions to consult and ensure routing continuity should be included.

HMR 4.3.9 Alternate Routes.

Information relevant to any alternate routes considered must be included.

Petitioning Entities should include detailed and specific information as to why the route being petitioned for is the most or more appropriate option and is safer than other options, or, in the event of an existing route, the current route. Any references to statistical data, published works, or written analysis require full reference information and may require a copy of the referenced information to be included as part of the petition HMR 4.3.10 Effects on Commerce.

The routing proposed will not impose an unreasonable burden on interstate or intrastate commerce.

HMR 4.3.11 Delays in Transportation.

The routing proposed will not create unnecessary delays in the transport of hazardous materials.

HMR 4.3.12 Climatic Conditions.

Weather conditions that are unique to a proposed route must be addressed within the petition application, including the impact of weather conditions on the potential release of any hazardous materials, control of a hazardous materials release, and clean-up thereof.

HMR 4.3.13 Congestion and Accident History.

Petitioning Entities should also consider the congestion and accident

history of the specific route they are petitioning to become a hazardous materials route or to make changes to, and the impact of these factors on the public emergency response and on general transportation in the event of a potential hazardous materials release.

HMR 4.4 Initial Petition Application Review Before CSP “Receipt.”

Before formal submission and receipt of a hazardous materials routing petition, Petitioning Entities may request an initial review of the application draft from the CSP Hazardous Materials Section. The initial review is limited only to determining that all required elements of the hazardous materials routing petition application are addressed by the applicant and identifying the need for any additional supporting documentation concerning statements and information contained within the application.

HMR 4.4.1 Initial Review Not an Opinion.

The initial review will not indicate an opinion of the CSP regarding the potential success of the petition application concerning the specified route designation or route designation amendment(s) proposed.

HMR 4.4.2 Results of Initial Review Communicated by Email.

Any findings resulting from an initial petition review will be informally communicated to the Petitioning Entity by email at an address provided by the Petitioning Entity to the CSP Hazardous Materials Section.

HMR 4.4.3 Failure to Request Review is Not Prejudicial.

The decision of a Petitioning Entity not to request and make available a hazardous materials routing petition to the CSP Hazardous Materials

Section for initial review will not prejudice the receipt of the petition application. Petition applications submitted by Petitioning Entities that do not receive an initial review and are returned as not received for being incomplete will be encouraged to seek an initial review of the application upon resubmission in the written response of the CSP Hazardous Materials Section returning the application.

HMR 4.5 Incomplete Hazardous Materials Routing Petition Applications.

Hazardous materials routing petition applications delivered to the CSP will only be determined completely consistent with Section 42-20-302 (4), CRS, if the application satisfies all application criteria set forth within these rules, relevant statutes, and federal regulations.

HMR 4.5.1 Return for Completion.

Applications determined to be incomplete will be returned to the Petitioning Entity with a written statement from the CSP Hazardous Materials Section within 20 calendar days of submission. For purposes of these rules, the date of submission will be the date a hazardous materials routing application is delivered to the CSP Hazardous Materials Section.

The written statement from the CSP included with the returned application will provide guidance identifying what information is missing from, or is insufficiently addressed within, the hazardous materials routing petition HMR 4.5.2 Applications May Require Additional Documentation.

Upon submission, the CSP Hazardous Materials Section may determine that additional information, supporting statements, conclusions, or efforts related to the petition may be required. Petitioning Entities will have 14 calendar days to respond to any request from the CSP Hazardous Materials Section for this information. Failure to provide information within 14 calendar days may result in the petition application being determined incomplete and returned to the Petitioning Entity, consistent with these rules. Satisfactory receipt of the requested information will result in the routing petition application being determined “complete.”

HMR 4.5.3 Single Application Per Year Prohibition Inapplicable.

Hazardous materials routing petition applications determined to be incomplete and returned to Petitioning Entities for completion and resubmission are not subject to the statutory one application per year limitation supported by these rules and detailed within Section 42-20-302, CRS. This limitation only applies to petition applications submitted to the CSP Hazardous Materials Section consistent with Section 42-20-302 (1), CRS, and determined to be “complete” according to Section 42-20-302 (4), CRS. All hazardous materials routing petition applications delivered to the CSP Hazardous Materials Section are “submitted” as required by

Section 42-20-302 (1), CRS, but a petition application is not considered to be accepted and “Received” by the CSP until the petition is determined to be “complete” according to Section 42-20-303 (4), CRS.

HMR 4.6 Complete Petition Application Filing Date.

The filing date for a “complete” hazardous materials routing petition application, as it is presented within Section 42-20-302 (4), CRS, is the date of its acceptance and receipt by the CSP. Petitioning Entities will be notified in writing of the date of receipt/filing.

Additional details outlining statutory requirements applicable to the hazardous materials route petitioning process, and relevant timelines thereto, will also be included.

HMR 4.7 Delivery of Draft or Final Hazardous Materials Routing Petition Applications.

Petitioning Entities should deliver prepared hazardous materials routing petitions for initial review or consideration as complete petition applications to the CSP Hazardous Materials Section, 15065 S. Golden Rd., Golden, CO., 80401-3990. Petitioning Entities may also arrange for electronic delivery of hazardous materials route petition applications by first calling the CSP Hazardous Materials Section at (303)-273-1900.

HMR 4.8 Hazardous Materials Route Designation Signs.

Under Section 42-20-303, CRS, local government authorities electing to use signs to provide notice of approved hazardous materials route designations within their jurisdiction must use the hazardous materials route designation and/or restriction sign standards adopted by the CDOT.

HMR 4.8.1 Location of Signage Must be Specified.

Local government authorities must specify the location of each sign erected to mark an approved hazardous materials route in writing to the CSP Hazardous Materials Section within 60 days of route designation approval.

HMR 4.9 Use of Professional Quality Maps.

Local government authorities must submit copies of their professional-quality maps within 60 days of an approved hazardous materials route designation to the CSP Hazardous Materials Section for approval. Local government authorities electing to use professional quality maps to identify approved hazardous materials route designations within their jurisdictions, consistent with Section 42-20-302 (8), CRS, must meet the following minimum requirements:

HMR 4.9.1 Map Scale.

The map scale should be of sufficient proportions to clearly show the passage of a designated hazardous materials route within or through the jurisdiction.

HMR 4.9.2 Map Colors.

Designated hazardous materials routes or other approved route restrictions must be printed in red on a white background. All other printing should be in black.

HMR 4.9.3 Map Legend.

The map legend should clearly describe the graphic representations used within the map.

HMR 4.9.4 Map Graphics.

The map should use graphic symbols that clearly represent the differences between designated hazardous materials and other routes, other highways, and jurisdiction boundaries.

HMR 4.9.5 Map Route Information.

The map should include a telephone number where the operator of a motor vehicle transporting hazardous materials can obtain additional information on hazardous materials and other routes, guidance regarding restrictions within the jurisdiction, or emergency assistance on a 24-hour

basis.

HMR 4.10 Data Changes Affecting Approved Hazardous Materials Route Petitions.

Petitioning Entities must communicate changes in the original data and/or information relied upon to evaluate the risk level associated with an approved route to the CSP Hazardous Materials Section immediately, or as soon as is practicable, following the change. A change would be, but not be limited to:

HMR 4.10.1 Accident Rate.

A substantial change in the accident rate initially reported; or HMR 4.10.2 Consideration Factors.

A substantial change in the mandatory or subjective consideration factors affecting the route or as are required to be considered by 49 CFR 391.71 (b) (9), and/or applicable statutes or these rules.

HMR 4.10.3 Emergency Services Information.

Any changes to information relevant to available emergency services. Any changes about emergency services identified by a Petitioning Entity must be communicated in writing as soon as possible, but no later than 45 days following the change to the CSP Hazardous Materials Section.

HMR 4.10.3.1 CDOT Exempted. The CDOT is generally not required to provide notice of changes to relevant emergency services along designated hazardous materials routes. However, where the CDOT submits a petition for a local governmental

authority by agreement according to Section 42-20-302 (9), CRS, provisions must be made within the agreement between the CDOT and the local governmental authority for compliance with this reporting requirement.

HMR 4.11 Designated Route Reviews, Surveys, and Exemptions.

The CSP will periodically review the status of designated routes to determine if the approval terms of Section 42-20-302 (8) (a) (I) – (IV), CRS, continue to be met. Upon review, routes demonstrating a change in the risk level of the route toward a higher risk factor, or that are impacted significantly by a change to a mandatory or subjective factor, may be subject to reevaluation by the CSP.

HMR 4.11.1 Route Determined to No Longer Meet Section 42-20-302 (8) (a)

(I) – (IV), CRS.

The CSP will notify Petitioning Entities in writing if any designated hazardous materials route within their jurisdiction no longer meets the acceptance terms specified within Section 42-20-302 (8) (a) (I) – (IV), CRS, following reevaluation or a route review.

HMR 4.11.1.1 CSP Consultation Concerning Route Status. If a designated hazardous material route no longer meets the approval terms of Section 42-20-302 (8) (a) (I) – (IV), CRS, the CSP will consult with the Entity to coordinate the submission of a revised petition. Petitions submitted for a change in an existing route designation are subject to the conditions and procedures of Section 42-20-302, CRS.

HMR 4.11.2 Completion of Designated Route Road Surveys.

The CSP will conduct complete route surveys on designated hazardous materials routes on an as-needed basis. These surveys will be conducted to determine the type and quantity of materials being transported and the frequency of such transportation. Surveys conducted in incorporated areas will only be done after consultation with the appropriate local government agency.

HMR 4.11.3 No Additional Exceptions or Exemptions.

There will be no exceptions and/or exemptions to designated hazardous materials routes other than those already specified within Title 42, Article 20, CRS.

HMR 4.12 Hazardous Materials Parking Regulations and Ordinances.

The approval criteria set forth by these rules herein apply only to those parking regulations and ordinances submitted by local governmental jurisdictions that affect vehicles transporting hazardous materials operating in conjunction with the use of a designated hazardous materials route or routes. Local governmental jurisdictions requiring approval of parking regulations or ordinances under Section 42-20-302, CRS, must submit a copy of the proposed regulations or ordinances to the CSP Hazardous Materials Section for review consistent with these rules.

HMR 4.12.1 Must Not Unreasonably Limit Parking.

For purposes of these rules, parking regulations or ordinances may be deemed to unreasonably limit parking of vehicles transporting hazardous materials when they are at variance with and more stringent than the regulations of the United States Department of Transportation published in 49 CFR 397, as revised October 1, 2025. Parking regulations or ordinances adopted by local governmental jurisdictions according to the

authority provided in Section 42-20-302 (2), CRS, as it is amended, must not unreasonably limit parking:

HMR 4.12.1.1 On or near a designated hazardous materials route;

HMR 4.12.1.2 To pick up or deliver hazardous materials;

HMR 4.12.1.3 In an emergency, i.e., breakdown or accident; or HMR 4.12.1.4 For a rest stop, i.e., meals, restroom breaks, or to comply with the driver’s hours of service requirements as they are defined in 49 CFR 395, revised October 1, 2025.

HMR 4.12.2 No Special Payment or Permit is Required.

No parking regulation or ordinance will require a permit or payment of a fee for parking, which is necessary and incident to the transportation of hazardous materials on or near a hazardous materials route. This provision does not apply where fees are collected from all motor vehicles, regardless of the type of commodity being transported, i.e., metered parking.

HMR 4.13 Routes Designated for the Transportation of Hazardous Materials.

Permanently designated hazardous materials routes for the transportation of hazardous materials are as specified herein:

HMR 4.13.1 North – South Hazardous Materials Routes Designated Under

Section 42-20-305, CRS:

HMR 4.13.1.1 Colorado 9 from US 40 in Kremmling to Interstate 70 in Silverthorne.

HMR 4.13.1.2 Colorado 13 from Wyoming to Moffat County Road 183 North of Craig.

HMR 4.13.1.3 Colorado 13 from US 40 West of Craig South to US 6 West of Rifle.

HMR 4.13.1.4 Colorado 17 from US 285 near Mineral Hot Springs to US 160 near Alamosa.

HMR 4.13.1.5 Interstate 25 from Wyoming to New Mexico.

HMR 4.13.1.6 Colorado 47 from Interstate 25 to the junction of US 50.

HMR 4.13.1.7 Colorado 71 from Colorado 14 to US 24 in Limon (East junction).

HMR 4.13.1.8 Colorado 71 from US 24 in Limon (West junction) to US 50 near Rocky Ford.

HMR 4.13.1.9 Colorado 79 from Colorado 52 to Interstate 70 at Bennet.

HMR 4.13.1.10 Colorado 83 from US 24 to Colorado 115.

HMR 4.13.1.11 Colorado 91 from Interstate 70 to US 24 near Leadville.

HMR 4.13.1.12 Colorado 113 from Nebraska to US 138.

HMR 4.13.1.13 Colorado 115 from Colorado 83 to US 50.

HMR 4.13.1.14 Colorado 119 from Colorado 157 to Colorado 52.

HMR 4.13.1.15 Colorado 125 from Wyoming to US 40 West of Granby.

HMR 4.13.1.16 Colorado 127 from Wyoming to Colorado 125.

HMR 4.13.1.17 US 138 from Colorado 113 to US 6 (Chestnut St.) in Sterling.

HMR 4.13.1.18 Colorado 139 from Colorado 64 in Rangely to Interstate 70 near Loma.

HMR 4.13.1.19 Colorado 141 from Interstate 70 business loop near Grand Junction to US 50.

HMR 4.13.1.20 Colorado 141 from US 50 to US 491.

HMR 4.13.1.21 Colorado 157 from US 36 to Colorado 119.

HMR 4.13.1.22 Interstate 225 from Interstate 70 to Interstate 25.

HMR 4.13.1.23 US 287 from US 40 in Kit Carson to Oklahoma.

HMR 4.13.1.24 US 285 from US 160 in Alamosa to New Mexico.

HMR 4.13.1.25 US 285 from Colorado 470 to Colorado 112.

HMR 4.13.1.26 US 491 from Utah to New Mexico.

HMR 4.13.1.27 US 285 from Colorado 112 to US 160.

HMR 4.13.1.28 US 85 from Wyoming to Interstate 76.

HMR 4.13.1.29 Colorado 71 from Nebraska to Colorado 14.

HMR 4.13.1.30 US 385 from Interstate 76 in Julesburg to US 40 in Cheyenne Wells.

HMR 4.13.1.31 The City of Lamar’s Second Street from US 50/385 to Maple Street.

HMR 4.13.1.32 The City of Lamar’s Maple Street from Second Street to US 50/287.

HMR 4.13.1.33 The City of Craig’s Great Divide Road from US 40 North to the city limits.

HMR 4.13.1.34 Moffat County Road 7 (Great Divide Road) from the Craig city limits North to Moffat County Road 183.

HMR 4.13.1.35 Moffat County Road 183 from Moffat County Road 7 (Great Divide Road) East to Colorado 13.

HMR 4.13.1.36 E-470 between the South Interchange with Interstate 25 at Exit 194 and through to the North Interchange with Interstate 25 at Exit 228.

HMR 4.13.2 East – West Hazardous Materials Routes Designated Pursuant to Section 42-20-305, CRS:

HMR 4.13.2.1 US 6 (Loveland Pass) from Interstate 70 just East of the Eisenhower/Johnson Tunnels to Interstate 70 at Silverthorne.

HMR 4.13.2.2 US 6 from Colorado 13 West of Rifle West to Exit/Entrance number 87 on Interstate 70.

HMR 4.13.2.3 US 6 from State Highway 14 (Main St.) in Sterling to Nebraska.

HMR 4.13.2.4 Colorado 10 from Interstate 25 in Walsenburg to US 50 in La Junta.

HMR 4.13.2.5 Colorado 14 from US 40 to Colorado 125.

HMR 4.13.2.6 Colorado 14 from Interstate 25 to US 6 in Sterling.

HMR 4.13.2.7 US 24 from Colorado 91 at Leadville to Interstate 25 in Colorado Springs.

HMR 4.13.2.8 US 24 from Colorado 83 to Interstate 70 at West Limon (Exit 359).

HMR 4.13.2.9 US 24 business route from US 24 on the West side of Limon to the West junction of Colorado 71.

HMR 4.13.2.10 US 24 business route from the East junction of Colorado 71 (in Limon) to Interstate 70 (Exit 363).

HMR 4.13.2.11 US 34 from Interstate 25 to Interstate 76.

HMR 4.13.2.12 US 34 from the West junction of Colorado 71 to Nebraska.

HMR 4.13.2.13 US 36 from Interstate 25 to Colorado 157.

HMR 4.13.2.14 US 36 from Interstate 70 in Byers to Kansas.

HMR 4.13.2.15 US 40 from Utah to the intersection of Colorado 13 West of Craig.

HMR 4.13.2.16 US 40 from Moffat County Road CG 2 (First Street) just East of Craig to Interstate 70.

HMR 4.13.2.17 US 40 from Interstate 70 (Exit 363) in Limon to Kansas.

HMR 4.13.2.18 US 50 from the North junction of Colorado 141 near Grand Junction to the junction of the City of Delta’s Confluence Drive near milepost 69.8 and the reverse.

HMR 4.13.2.19 The City of Delta’s Confluence Drive between US 50 Milepost 69.8 and US 50 Milepost 72.

HMR 4.13.2.20 US 50 from the junction of the City of Delta’s Confluence Drive near milepost 72 to Kansas, and the reverse.

HMR 4.13.2.21 Colorado 52 from Colorado 119 to Colorado 79.

HMR 4.13.2.22 Colorado 64 from US 40 in Dinosaur to Colorado 13.

HMR 4.13.2.23 Interstate 70 from Utah to US 6 at Silverthorne (Loveland Pass).

HMR 4.13.2.24 Interstate 70 from US 6 just East of Loveland Pass to Interstate 25.

HMR 4.13.2.25 Interstate 70 from Interstate 27 to Kansas.

HMR 4.13.2.26 Interstate 70 Business Route from Interstate 70 East of Grand Junction to Colorado 141.

HMR 4.13.2.27 Interstate 76 from Interstate 25 to Nebraska.

HMR 4.13.2.28 Colorado 112 from US 285 to US 160.

HMR 4.13.2.29 US 160 from New Mexico to Interstate 25 Business Route in Walsenburg, South to Exit 49 on Interstate 25.

HMR 4.13.2.30 Interstate 270 from Interstate 70 to Interstate 76.

HMR 4.13.2.31 Colorado 470 from US 285 to Interstate 70.

HMR 4.13.2.32 US 550 from US 160 to New Mexico.

HMR 4.13.2.33 The City of Craig’s First Street from Colorado 13 East to the city limits at Colorado 394.

HMR 4.13.2.34 Moffat County Road CG 2 (First Street) from Craig city limits at Colorado 394 East to US 40.

HMR 4.13.3 Additional Routes for Gasoline, Diesel Fuel, and Liquefied Petroleum Gas (LPG).

While generally required to employ designated state, federal, and interstate roadways, transporters of gasoline, diesel fuel, and LPG may routinely travel on the following state and federal highways:

HMR 4.13.3.1 US 160 from Interstate 25 to the Kansas border.

HMR 4.13.3.2 US 350 from US 160 to US 50.

HMR 4.13.3.3 US 385 from US 50 to US 40.

HMR 4.13.3.4 SH 96 from SH 71 to the Kansas border.

HMR 4.13.3.5 SH 109 from US 160 to East 3rd Street in La Junta.

HMR 4.13.4 Additional Route for Gasoline, Diesel Fuel, LPG, and Crude Oil.

While generally required to employ designated state, federal, and interstate roadways, transporters of gasoline, diesel fuel, LPG, and crude oil may routinely travel on Weld County Road 49, also identified as Weld County Highway, between Interstate 76 and US 34.

HMR 4.14 Closing of Designated Hazardous Materials Routes Must be Communicated.

The closing of a public road that is designated as a hazardous materials route, or restriction on the movement of traffic over the same due to highway construction, severe weather, or other factors must be communicated by the CDOT or the affected county road and bridge office as soon as possible to the CSP Hazardous Materials

Section during normal business hours at (303) 273 – 1900. The CSP Denver Regional Communications Center must be contacted when these events occur outside normal business hours at (303) 273 - 4501.

HMR 4.15 CSP Declaration of Emergency, Temporary, or Alternate Hazardous Materials Routes.

Under Section 42-20-301 (1) (a), CRS, the CSP has the sole authority to designate which public roads are permitted to be used by motor vehicles transporting hazardous materials and which are not. Included in this authority is the ability to apply conditions to the use of hazardous materials routes consistent with the scope of authority provided to the CSP through Section 42-20-301, CRS.

HMR 4.15.1 Routing in Response to Emergency Declaration.

In the event of a declaration of emergency, the Chief may determine a temporary alternate hazardous materials transportation route or routes, which may then remain in effect for a period not to exceed the duration of the declared emergency.

HMR 4.15.2 Temporary Routing in Response to Events.

Consistent with the authority granted by Section 42-20-301 (1) (b), CRS, the CSP may include or apply conditions or restrictions to vehicles transporting hazardous materials not defined as agricultural products and are listed in Tables 1 and 2 of 49 CFR 172.504 that are consistent with the restrictions of Section 42-20-301 (1) (b) and (2), CRS.

HMR 4.15.2.1 Construction, Weather, and Other Limited Events.

The CSP may temporarily declare an alternate route when a hazardous materials route is restricted and/or closed due to highway construction, weather, or other restrictions or conditions affecting the movement of traffic (i.e., traffic incidents, motorcades, or other special events). The temporary route declaration will be for a set period not to exceed the activity or event affecting the ability to use a designated hazardous materials route.

HMR 4.15.3 Temporary Routing Under Section 42-20-301 (b), CRS, in Response to Other Conditions.

As may be advisable and in the interest of public welfare and safety, the CSP may exercise its authority under Section 42-20-301 (b), CRS, to designate public roads temporarily or to apply conditions to the use of existing designated hazardous materials routes in response to specific conditions reasonably determined by the CSP to present an immediate negative impact to public welfare and safety. Notice of any temporary hazardous material routing designation will be forwarded to the CDOT and the affected municipality, city, city and county, affected industry, and/or the affected road and bridge authority.

HMR 4.15.3.1 Effective Initial Designation Period. An initial temporary hazardous materials route designation or initial conditions determination affecting a hazardous materials route by the CSP will remain in effect for a period not to exceed the duration of the condition nor to exceed 12 months, absent subsequent review by the CSP.

HMR 4.15.3.2 Condition Review, Extension, and Resolution. A temporary hazardous materials route designation or conditions upon an existing hazardous materials route by the CSP may not remain in effect beyond 12 months without a review to evaluate if the condition(s) reasonably determined to present the immediate negative impact(s) to public welfare and safety remain. If this evaluation results in a determination that the condition(s) persist, the CSP will extend the temporary designation initially for up to 180 days.

HMR 4.15.3.2.1 Opportunity to Petition or Correct. A Petitioning Entity or the CDOT is encouraged to either take appropriate action consistent with resolving the condition(s) necessitating the temporary alternate route designation or to petition the CSP for a permanent routing designation. Either may be accomplished at any point before or after a temporary route designation. It is encouraged that such actions commence before the expiration of any 180-day extension resulting from a 12-month review of a temporary route designation by the CSP.

HMR 4.15.3.2.2 Action During Temporary Designation Period. Before the expiration of any temporary alternate routing designation, the CSP may consider any substantive steps taken to either address the condition(s) that resulted in the temporary alternate designation or an impending or received hazardous materials Routing Petition Application when determining if it is appropriate to extend a designation for an additional period.

HMR 4.15.3.3 Temporary Designation or Conditions Represent Informal Notice a Hazardous Materials Route May No Longer Satisfy the Statute. Temporary designation of a hazardous materials route or the determination to apply temporary restrictions to an existing hazardous materials route by the CSP in response to a condition or conditions reasonably determined to represent an immediate negative impact on public welfare and safety represents informal notice that an existing designated hazardous materials route may no longer satisfy statutory approval requirements referenced within these rules. Temporary route designations or temporary conditions placed on an existing designated hazardous materials route will result in a route review within 12 months from the CSP that may result in permanent changes to existing routing or alternate route determination(s) consistent with the route review process outlined in these rules.

HMR 4.15.3.3.1 Petition Consultation. If determined appropriate, the CSP will consult with an affected Petitioning Entity to submit a petition consistent with Section 42-20-302, CRS, and these rules.

HMR 4.15.3.4 No Curfews Except as Permissible Under Section 42-20-301 (3) (b), CRS. Except for the application of decisions of the Transportation Commission affecting the permissible hours of operation for the EJMT by the CSP as permissible through Section 42-20-301 (3) (b), CRS, the CSP will not impose hours of operation or curfews as conditions or restrictions as part of a designated route restriction or condition. Moreover, the CSP will not impose conditions or restrictions on motor vehicles being used to transport to or from a farm or ranch products necessary for agricultural production and operated consistently with Section 42-20-301 (c), CRS, beyond those conditions affecting permissible hours of operation for the EJMT, consistent with Section 42-20-301 (3) (a) and (b), CRS.

HMR 4.15.3.5 Applicable to Tables 1 and 2, 49 CFR 172.504, as Limited by Statute. Any CSP temporary hazardous materials route designations or conditions upon existing designated hazardous materials routes apply only to those listed in Tables 1 and 2 of 49 CFR 172.504 as specifically provided within Section 42-20-301 (2), HMR 4.15.3.6 Notice Temporary Route Designation is No Longer Valid. Upon determination that conditions no longer reasonably warrant a temporary hazardous materials route designation or conditions applied by the CSP, the CSP will provide notice to the CDOT and any affected municipality, city, city and county, affected industry, and/or affected road/bridge authority.

HMR 4.16 Violation Penalty.

Any person convicted of shipping or transporting hazardous materials in violation of any of the rules of this part will be subject to the penalties set forth within Section 42-20-305,

Part 5 Transportation of Nuclear Materials (NMT)

NMT 5.0 Definitions.

The definitions provided in Sections 42-20-103 and 42-20-402, CRS, apply to these rules and regulations. The following additional definition will also apply:

NMT 5.0.1 Complaint: A written document stating the essential facts and supporting documentation regarding any offense(s) charged.

NMT 5.1 Application of 49 CFR to Nuclear Materials Transportation and Application of Article 10 CFR to Licensees Within Colorado.

The transportation of nuclear materials, as they are defined within Section 42-20-402 (3)

(a) – (c), CRS, by motor vehicles in Colorado must comply with the regulations contained in 49 CFR 107 Hazardous Materials Program Procedures 49 CFR 171 General Information, Regulations, and Definitions 49 CFR 172 Hazardous Materials Table, Special Provisions, Hazardous Materials Communications, Emergency Response Information, Training Requirements, and Security Plans 49 CFR 173 Shippers- General Requirements for Shipments and Packagings 49 CFR 177 Carriage by Public Highway 49 CFR 178 Specifications for Packagings 49 CFR 180 Continuing Qualification and Maintenance of Packagings 49 CFR 387 Minimum Levels of Financial Responsibility for Motor Carriers 49 CFR 397 Transportation of Hazardous Materials Driving; and Parking Rules of the United States Department of Transportation Hazardous Materials Regulations as the same were effective on October 1, 2025. Authorized by Section 42-20-403, CRS, these rules are promulgated by the Chief for the safe transportation of nuclear materials with the following modifications:

NMT 5.1.1 Definition of Person.

The definition of a person provided within 49 CFR 107.1 does not apply.

Instead, the definition of person set forth by Part 1.3.15 of these rules will apply.

NMT 5.1.2 Advance Notification of Nuclear Shipments.

Licensees shipping a highway route-controlled quantity of nuclear material, as defined in 49 CFR 173.403, within or through the state, and not otherwise required to comply with the provisions of 10 CFR 71.97 or 73.37, must provide advanced notification of the nuclear shipment to the Governor or their designee under the requirements of 10 CFR 71.97 (c).

NMT 5.2 Inspection Requirements.

Inspection procedures by the CSP are consistent with the CVSA inspection procedures, decal application policies, and OOS criteria, as each is published and is in effect on April 1, 2026.

NMT 5.2.1 Shipments Entering Colorado.

All motor vehicles carrying nuclear materials and entering Colorado on public roads must be inspected by an authorized Enforcement Official of the CSP nearest to the point at which the shipment of nuclear materials enters the state or at a location specified by the CSP.

NMT 5.2.2 Shipments Originating in Colorado.

All motor vehicles carrying nuclear materials, where the shipment thereof originates within Colorado, must be inspected by an authorized CSP Enforcement Official at the point of origin.

NMT 5.2.3 Continued Transport After a Crash.

Before being authorized to continue after a crash, a motor vehicle and shipping container transporting nuclear materials must be inspected by a qualified inspector consistent with NMT 5 of these rules and applicable statutes.

NMT 5.2.4 No Transport of Nuclear Materials Absent Permit.

No person will transport nuclear materials into, within, through, or out of Colorado unless and until a permit authorizing the transportation of the nuclear materials is issued consistent with statutes, these rules, and applicable rules adopted by the CDOT.

NMT 5.3 Nuclear Materials Annual Permit Applications and Fees.

Upon review and approval of an annual nuclear materials transportation permit application, the CDOT will issue an annual nuclear materials transportation permit according to the authority provided by Section 42-20-501, CRS. All annual nuclear materials transportation permit applications and fees must be submitted to the CDOT Freight Mobility and Safety Branch at 2829 W. Howard Pl., Denver, CO., 80204.

Information about the application, fees, terms, and process may be downloaded from the CDOT online at https://coopr.codot.gov.

NMT 5.3.1 Annual Cost and Term.

The annual nuclear materials transport permit fee is $500, unless otherwise indicated, and each permit will be valid for one year from the date of issue. All applicable fees due must be paid in a manner acceptable to the CDOT.

NMT 5.3.2 Additional Applicable Nuclear Transport Fees.

In addition to the annual permit fee, each carrier must pay a $200 fee for each shipment transported, unless otherwise indicated. Payment of these fees must occur consistent with Section 42-20-502, CRS.

NMT 5.3.2.1 Regular Monthly Shipments. If regularly scheduled nuclear materials shipments are made, the carrier may arrange with the CDOT to pay shipment fees monthly.

NMT 5.4 Conditions Applicable to Nuclear Materials Permits.

The following conditions apply to the use of nuclear materials permits in Colorado:

NMT 5.4.1 Shipping Papers Required.

Each person transporting nuclear materials within this state must carry a copy of the shipping papers required in 49 CFR 172, Subpart C, as revised October 1, 2025, and a paper or electronic copy of the nuclear materials transportation permit in the vehicle.

NMT 5.4.2 USDOT Number Required.

Nuclear materials transporters operating within the state of Colorado are required to obtain a USDOT identification number under the provisions of 49 CFR 290.19 before the submission of a nuclear materials transport NMT 5.4.3 Nuclear Transportation Permit Copy Required.

A copy of the nuclear materials transportation permit must be placed in each motor vehicle operated within or through Colorado, except that, if a peace officer or any other Enforcement Official may determine that the nuclear materials transportation permit can be electronically verified at the time of the contact, a copy of the permit need not be carried by the person transporting the nuclear materials.

NMT 5.4.4 Nuclear Transportation Permit Not to be Altered.

No nuclear materials transportation permit is to be altered, amended, or copied unless authorized in writing by the CDOT, or, in the instance of a single permit, by any law Enforcement Official.

NMT 5.5 Authority to Inspect Motor Vehicles, Books, and Records Related to the Transport of Nuclear Materials.

Enforcement Officials of the CSP and/or the PUC have the authority to and may inspect motor vehicles, drivers, books, and records relevant to transporting nuclear materials by motor vehicles.

NMT 5.5.1 CSP Inspection of Nuclear Materials Transporters.

CSP Enforcement Officials have the authority to and may at any time inspect any vehicle, driver, cargo, shipping papers, nuclear materials transportation permit, and any other papers required by law or rule to be carried when transporting nuclear materials on public roads in Colorado.

NMT 5.5.2 CSP and PUC Inspection of Records Relevant to Nuclear Materials Transportation.

CSP and PUC Enforcement Officials have the authority to and may inspect any books and records of any carrier, shipper, or the person transporting, shipping, or causing the transport or shipment of any nuclear materials within Colorado.

NMT 5.5.3 Sharing of Violation Data With CDOT.

The CSP will inform the CDOT in writing of information relevant to violations identified and assessed against a person with a nuclear materials transport permit and engaged in transporting nuclear materials by motor vehicle. Violations discovered during inspections or compliance reviews are shared to promote the joint interest of public safety and effective enforcement of nuclear materials transport permit conditions, these rules, applicable statutes, and regulations.

NMT 5.6 Violations- Civil Penalties.

Any person who violates any provision of Article 20, Title 42, Parts 4 and 5, CRS, or these rules and regulations, except for those violations enumerated in subsection (3) of

Section 42-20-406, CRS, and of Section 42-20-505, CRS, is subject to a civil penalty of not more than $10,000 per day for each day during which a violation occurs. The penalty will be assessed by the Chief upon receipt of a complaint by any investigative personnel of the PUC or CSP, and after written notice and opportunity for a hearing according to Section 24-4-105, CRS.

NMT 5.6.1 Violations of Sections 42-20-406 (3) and 42-20-505, CRS.

Civil penalties for violations of Sections 42-20-406 (3) and 42-20-505 (2), CRS, will be assessed consistent with the statute and will appear on the complaint prior to service.

NMT 5.6.2 Violations are Subject to Penalties Within Section 42-20-505, Any person who violates any of the provisions of NMT 5.3 or NMT 5.4 of these rules is subject to the civil penalties listed in Section 42-20-505, NMT 5.6.3 Penalties Assessed Daily for Violation of Section 42-20-408, Any person who violates a compliance order of the Chief that is not subject to a stay pending judicial review and which has been issued according to Section 42-20-408, CRS, will be subject to a civil penalty of not more than $10,000 per day for each day during which the violation occurs.

NMT 5.7 Civil Penalty Assessment Procedures.

All violations of statutes referenced in NMT 5.6, NMT 5.6.2, and NMT 5.6.3 will be investigated and summarized in a complaint filed by an authorized investigator of the PUC or the CSP. The investigation will include, as applicable, the nature and gravity of any violations, the degree of culpability, any history of violations, and other public safety concerns. The complaint will be served in person or by certified mail at the motor carrier’s last known address on file with the CSP or the CDOT.

NMT 5.7.1 Civil Penalties Assessed Pursuant Sections 42-20-406 (3) and 42-20-505 (2), CRS.

Civil penalties for violations of Sections 42-20-406 (3) and 42-20-505 (2), CRS, will be assessed according to the statute and will appear on the complaint before service.

NMT 5.7.2 Notice and Response for Violations of NMT 5.6 and Section 42- 20-505 (1), CRS.

Complaints containing violations of NMT 4, NMT 5.6, and Section 42-20- 505 (1), CRS, must provide notice of an opportunity to appear before the Chief to contest the violation or to present mitigating factors to be considered in determining the amount of the civil penalty to be assessed.

NMT 5.7.2.1 Carrier Response to Complaint. Within 30 days of service of the complaint, the carrier must file a written response containing:

NMT 5.7.2.1.1 A request for a formal hearing before the Chief according to Section 24-4-105, CRS;

NMT 5.7.2.1.2 A request for an informal hearing before the Chief; or NMT 5.7.2.1.3 A waiver of the right to a hearing before the Chief.

NMT 5.7.2.2 Request for Informal Hearing Waives Formal Hearing. A request for an informal hearing before the Chief will constitute a waiver of the right to a formal hearing under Section 24-4-105, NMT 5.7.2.3 Failure to File Timely Response to Complaint. Failure to timely file a written response will constitute a default. Upon entry of a default, the Chief will assess a civil penalty against the carrier.

For good cause shown, the entry of default may be set aside by the Chief within 10 days of the default.

NMT 5.7.3 Chief Will Issue a Final Written Agency Decision.

Within 30 days of receiving all relevant information, the Chief will issue a final written agency decision to include the specific violations and civil penalties assessed. The final agency decision will be served on the carrier in person or by first-class mail at the last known address on file with the CSP or the CDOT, whichever is more current.

NMT 5.8 Scheduling of Nuclear Materials Transports.

Motor vehicles transporting nuclear materials must schedule trips through all Colorado municipalities with a population over 50,000 to avoid rush-hour traffic.

NMT 5.8.1 Rush-Hour Defined.

For purposes of these rules, rush-hour is defined to be between 6:00 am and 9:00 am and 3:00 pm to 6:00 pm, Monday through Friday.

NMT 5.8.2 Geographic Applicability.

As a practical matter, this scheduling requirement applies to the transport of nuclear materials through the cities of Ft. Collins, Denver (greater metropolitan area), Colorado Springs, and Pueblo.

NMT 5.8.3 Access of Ft. Collins Weigh Station During Rush-Hour.

Motor vehicles transporting nuclear materials may access the CSP POE weigh station on Interstate 25 in Ft. Collins during rush-hour periods to be inspected as required by Section 42-20-404, CRS.

NMT 5.8.4 Temporary Schedule Variances.

Provided a variance is not in violation of relevant state statutes, appropriate federal regulations, or these rules and is in the best interests of public safety, the CSP Hazardous Materials Section may consider and grant requests allowing for the transport of nuclear materials through areas identified in NMT 5.8.2 during hours otherwise prohibited by NMT 5.8 and NMT 5.8.1.

NMT 5.9 Escort Requirements for Nuclear Materials Transports.

Based on security and/or emergency response concerns, the CSP may require motor vehicles transporting nuclear materials to be escorted by a Hazardous Materials Team when traveling within or through Colorado.

NMT 5.9.1 Hazardous Materials Team is Not a Replacement for Irradiated Reactor Fuel Transport Escorts.

When required, a CSP Hazardous Materials Team escort will supplement, but not replace, the escort(s) required for a shipment of irradiated reactor fuel under the provisions of 10 CFR 73.37 (b) and (c).

NMT 5.9.2 Licensee Will be Notified if CSP Escort is Required.

A licensee, as defined within 10 CFR 2.4, will be notified that a CSP Hazardous Materials Team escort is required following the receipt of the shipment notification by the Governor or Governor’s designee, consistent with the provisions of 10 CFR 73.37 (b) and (c).

NMT 5.10 Notification of Nuclear Materials Incidents.

A motor vehicle driver involved in a spill or potential spill of nuclear materials must comply with the incident notification provisions contained in HMT 2.3.

NMT 5.10.1 Notification of Nuclear Materials Incidents.

If the driver of a motor vehicle transporting nuclear materials is involved in a motor vehicle crash, regardless of whether the motor vehicle is damaged, the CSP must be immediately notified at (303) 239 – 4501.

Part 6 Nuclear Material Route Designation (NMR)

NMR 6.0 Routes to be Used for the Transportation of Nuclear Materials.

To ensure safe and environmentally acceptable transportation of nuclear materials within Colorado, motor vehicles transporting nuclear materials must travel only on the following designated highway segments:

NMR 6.0.1 N I-25 to E I-70 and Its Reverse.

For vehicles traveling North on Interstate Highway 25 and then going East on Interstate Highway 70, the following route will be used. Vehicles NMR 6.0.1.1 On Interstate Highway 25 between the Colorado – New Mexico state line and the junction with Interstate Highway 225;

NMR 6.0.1.2 On Interstate Highway 225 between the junction with Interstate Highway 25 and the junction with Interstate Highway 70;

NMR 6.0.1.3 On Interstate Highway 70 between the junction with Interstate Highway 225 and the Colorado – Kansas state line.

NMR 6.0.2 W I-70 to N I-25 and Its Reverse.

For vehicles traveling West on Interstate Highway 70 and then going North on Interstate Highway 25, the following route will be used. Vehicles NMR 6.0.2.1 On Interstate Highway 70 between the Colorado – Kansas state line and the junction with Interstate Highway 270; then, NMR 6.0.2.2 On Interstate Highway 270 between the junction with Interstate Highway 70 and the junction with Interstate Highway 25;

NMR 6.0.2.3 On Interstate Highway 25 between the junction with Interstate Highway 270 and the Colorado – Wyoming state line.

NMR 6.0.3 N I-25 at CO – WY and CO – NM and Its Reverse.

For vehicles traveling North on Interstate Highway 25 between the Colorado – New Mexico state line and the Colorado – Wyoming state line, the following route will be used. Vehicles traveling in the opposite direction will use the same routing in the opposite direction.

NMR 6.0.3.1 On Interstate Highway 25 between the Colorado – New Mexico state line and the Colorado – Wyoming state line.

NMR 6.0.4 N I-25 to N I-76 and Its Reverse.

For vehicles traveling North on Interstate Highway 25 and then going North on Interstate Highway 76, the following route will be used. Vehicles NMR 6.0.4.1 On Interstate Highway 25 between the Colorado – New Mexico state line and the junction with Interstate Highway 76; then, NMR 6.0.4.2 On Interstate Highway 76 between the junction with Interstate Highway 25 and the Colorado – Nebraska state line.

NMR 6.1 Prohibited Highway Segments.

Motor vehicles transporting nuclear materials shall under no circumstances travel on those state highway segments designated as follows:

NMR 6.1.1 Milepost 361.630.

On Interstate Highway 70 between the Colorado – Utah state line and the junction with US 40, at milepost 361.630.

NMR 6.1.2 Mileposts 274.039 and 276.572.

On Interstate Highway 70 between the junction with Interstate Highway 25 at milepost 274.039 and the junction with State Highway 2 at milepost 276.572.

NMR 6.2 Route Deviation Exceptions.

No carrier transporting nuclear materials shall deviate from the routes designated in this

Part 6 except for:

NMR 6.2.1 Emergency Safety.

In cases of emergency conditions, making the continued use of the designated route unsafe;

NMR 6.2.2 Road Closure.

When the designated route is closed due to road conditions, road construction, or maintenance operations;

NMR 6.2.3 Local Operation.

To make local pick-ups and deliveries; or NMR 6.2.4 Refueling.

When making local pick-ups and deliveries or when refueling, the carrier must minimize the distance traveled on non-designated routes.

NMR 6.3 Emergency Road Closure.

The closing of a public road that is designated as a nuclear materials route, or restrictions on the movement of traffic over the same due to highway construction, severe weather, or other factors must be communicated by the CDOT or the affected county road and bridge office as soon as possible to the CSP Hazardous Materials

Section during normal business hours at (303)-273-1900. The CSP Denver Regional Communication Center must be contacted where these events occur outside of normal business hours at (303)-239-4501.

NMR 6.3.1 Determination of Alternate Route.

When a nuclear materials route is restricted and/or closed, the CSP will determine if a temporary alternate route should be identified.

NMR 6.3.2 Notification of Temporary Designation.

The CSP will notify the appropriate local law enforcement agencies and affected industry concerning any temporary closure and if an alternate route has been temporarily designated. The CSP will similarly notify the same upon the termination of temporary closure and/or temporary alternate route designation.

NMR 6.3.3 Escort Required.

Vehicles transporting nuclear materials are required to be escorted when traveling off a designated nuclear materials route due to an emergency road closure or other conditions that restrict the movement of traffic over the same. The escort will be provided by the CSP, or when previously arranged by the CSP, by the local law enforcement agency in whose jurisdiction the closure or restriction occurs.

Part 7 Intrastate Transportation of Agricultural Products (HMA)

HMA 7.0 Authority.

The CSP is mandated by the provisions of Section 42-20-108.5, CRS, to adopt rules and regulations concerning the intrastate transportation of agricultural products in Colorado.

HMA 7.1 Applicability.

These rules and regulations apply to any person transporting an agricultural product consistent with 49 CFR 173.5, as revised October 1, 2025.

HMA 7.2 Definitions.

For purposes of this Part 7, the following definitions apply:

HMA 7.2.1 Agricultural Product: As defined by Section 42-20-108.5 (2) (a), CRS, is a hazardous material, other than hazardous waste, whose end use directly supports the production of an agricultural commodity, including but not limited to a fertilizer, pesticide, soil amendment, or fuel.

An agricultural product is limited to materials in Classes 3, 8, or 9, divisions 2.1, 2.2, 5.1, 6.1, or an ORM-D material as identified in 49 CFR 172 and 173.

HMA 7.2.2 Farmer: As defined by Section 42-20-108.5 (2) (b), CRS, is a person or such person’s agent or contractor engaged in the production or raising of crops, poultry, or livestock.

HMA 7.3 Exemptions from the Federal Rules in 49 CFR 173.5.

The Chief hereby adopts by rule and regulation the federal agricultural product exemption provisions of 49 CFR 173.5, as authorized by Section 42-20-108.5, CRS.

Part 8 Publications, Resources, Effective Date, and Severability (HPR)

HPR 8.0 Publications and Rules Incorporated by Reference.

All publications, standards, guidelines, and rules adopted and incorporated by reference in these rules will be provided to and made available for examination at any state publications depository library as is required by Section 24-4-103 (12.5), CRS. The following publications, standards, guidelines, and rules are adopted as each may be amended within these rules, consistent with Section 24-4-103 (12.5), CRS:

HPR 8.01.1 Commercial Vehicle Safety Alliance (2026). North American Standard Out-of-Service Criteria (OOSC). April 1, 2026. Greenbelt, MD:

Author.

HPR 8.01.2 U.S. Department of Transportation Federal Motor Carrier Safety Administration (2025). Federal Motor Carrier Safety Regulations (FMCSRs), 49 CFR 40, 380, 382, 385, 387, 390, 397, 399, and Appendix A (October 1, 2025). This information is also available online at https://www.ecfr.gov.

HPR 8.01.3 U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration (2025). Pipeline and Hazardous Materials Safety Regulations (PHMSRs), 49 CFR 107, 171 -173, 177, 178, and 180 (October 1, 2025). This information is also available online at https://www.ecfr.gov.

HPR 8.01.4 Nuclear Regulatory Commission (2025). Nuclear Regulatory Commission Regulations (NRCRs), 10 CFR 2.4, 71.97, 73.37, and 180 (2025). This information is also available online at https://www.ecfr.gov.

HPR 8.01.5 U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration (2024). 2024 Emergency Response Guidebook (February 1, 2024). This information is available online at https://rosap.ntl.bts.gov/view/dot/.74109.

HPR 8.1 Copies of Publications Maintained by the CSP.

The CSP Hazardous Materials Section will maintain copies of the complete texts of each of the aforementioned publications, standards, guidelines, and rules and will make them available for public inspection during regular business hours. Interested parties may access these documents free of charge online. Interested parties may also inspect referenced incorporated materials and/or obtain copies of the adopted standards for a reasonable fee by contacting the CSP Central Records Unit at 700 Kipling St., Lakewood, CO., 80215. Copies of the adopted publications, standards, guidelines, and rules may also be available from the organizations of their original issue:

HPR 8.1.1 2026 Out-of-Service Inspection Criteria: Commercial Vehicle Safety Alliance (CVSA), 6303 Ivy Lane, Suite 310, Greenbelt, Maryland, 20770-6319. Phone: (301)-830-6143. Email: cvsahq@cvsa.org.

HPR 8.1.2 Federal Motor Carrier Safety Regulations (FMCSRs): Federal Motor Carrier Safety Administration (FMCSA), U.S. Department of Transportation, 1200 New Jersey Ave., SE Room W-65-206, Washington, DC, 20590. Phone: 1-(800)-832-5660. Website: www.fmcsa.dot.gov.

HPR 8.1.3 Pipeline and Hazardous Materials Safety Regulations (PHMSRs): Pipeline and Hazardous Materials Safety Administration (PHMSA), U.S. Department of Transportation, 1200 New Jersey Ave., SE, Washington, DC, 20590. Phone: (202)-366-4433. Website: www.phmsa.dot.gov.

HPR 8.1.4 Nuclear Regulatory Commission Regulations (NRCRs). U.S.

Nuclear Regulatory Commission, Washington, DC, 20555-0001. Phone: 1- (800)-368-5642 or (301)-415-7000. Website: www.nrc.gov.

HPR 8.1.5 2024 Emergency Response Guidebook. Hazardous Materials Training Program, U.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey Ave., SE, Washington, DC, 20590. Phone: 1-(202)-366-4900. Website: www.phmsa.dot.gov.

HPR 8.2 Later Editions are Not Incorporated by Reference.

These rules do not include later amendments to or editions of any publications, standards, guidelines, or rules incorporated by reference herein.

HPR 8.3 Rules are Available Online.

These rules are available online through the CDPS Rulemaking Information website at https://publicsafety.colorado.gov/cdps-rules-colorado-code-of-regulations.

HPR 8.4 Inquiries About Rules.

All contact with the CSP concerning these rules should be addressed to the Colorado State Patrol Hazardous Materials Section, 15065 S. Golden Rd., Golden, CO., 80401.

Phone (303)-273-1900.

HPR 8.5 Effective Date.

The effective date of these rules is April 1, 2026.

HPR 8.6 Severability.

If any provision of these rules or the application thereof to any person or circumstance is determined to be unlawful or invalid, the remaining provisions of these rules will not be affected, absent a specific reference.

Editor’s Notes

History Entire rule eff. 04/30/2007.

PART 1 Sections HMT 1, HMT 2, HMT 4, HMT 5; PART 2 Section HMP 1; PART 3

Section HMR 9; PART IV (Definitions), NMT 1, NMT 2, NMT 3, NMT 6, NMT 7 thru NMT 10; PART 5 Section NMR 1; PART VI Applicability, Publications and Rules. eff. 04/30/2008.

PART 1 Sections HMT 1, HMT 2, HMT4, HMT5; PART 3 Sections HMR 8, HMR 9;

PART 4 Sections NMT 2, NMT 3; PART 6 Applicability eff. 05/30/2009.

Entire rule eff. 04/30/2010.

Entire rule eff. 04/30/2011.

Entire rule eff. 04/30/2012.

PART I Sections HMT 1, HMT 2, HMT 4, HMT 5; PART II Sections HMP 2, HMP 5;

PART III Sections HMR 1, HMR 8, HMR 9; PART IV Sections NMT 1, NMT 2, NMT 3; PART VI Applicability eff. 04/30/2013.

PART I, PART II Section HMP 1, PART III Sections HMR 8, HMR 9, PART IV Sections NMT 1, NMT 2, NMT 3, PART V, PART VI Applicability eff. 04/01/2014.

Entire rule eff. 04/01/2015.

PART I Sections HMT 1, HMT 2, HMT 4, HMT 5, PART II Sections HMP 1, HMP 3,

PART III Sections HMR 1 C, HMR 5 A, HMR 6 C, HMR 9, PART IV Sections NMT 1 A, NMT 2 C, NMT 3, NMT 6 C, PART V Section NMR 2 A, PART VI Applicability, Section HMA 1 B eff. 03/30/2016.

Entire rule eff. 04/30/2017.

PART I Sections HMT 1, HMT 2, HMT 4, HMT 5 PART II Definitions, Sections HMP 2, HMP 5, PART III Sections HMR 5, HMR 9, Part IV Sections NMT 1-NMT 3,

PART VI Applicability eff. 03/17/2018.

PART I Sections HMT 1, HMT 2 B, HMT 4 B-C, HMT 5 A, PART II Sections HMP 2 A, HMP 5 A, PART III Sections HMR 1 B, HMR 8 B, HMR 9 D-E, PART IV Sections NMT 1 A, NMT 2 C, NMT 3 E-F, NMT 6 D, NMT 8 B, PART VI Section HMA 1 eff. 03/17/2019.

Entire rule eff. 04/01/2020.

Entire rule eff. 04/01/2021.

Entire rule eff. 04/01/2022.

Entire rule eff. 03/31/2023.

Entire rule eff. 04/01/2024.

Entire rule eff. 04/01/2025.

Entire rule eff. 04/01/2026.

8 CCR 1507-28 Port of Entry Rules for Commercial Motor Carrier Size, Weight and Clearance {#sec-8-ccr-1507-28 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-28}

Department of Public Safety PORT OF ENTRY RULES FOR COMMERCIAL MOTOR CARRIER SIZE, WEIGHT AND CLEARANCE 8 CCR 1507-28 [Editor’s Notes follow the text of the rules at the end of this CCR Document.]

POE 1. Authority to Adopt Standards and Specifications.

The Chief is authorized by the provisions of Section 42-8-104 (1), CRS, to adopt rules and regulations deemed necessary to enforce applicable statutes and regulations regarding commercial motor carriers, owners, and operators through the operation of Port of Entry weigh stations on public highways within Colorado.

POE 2. General Definitions.

Concerning these rules, the following definitions are applicable unless otherwise specified: 2.1. Affected POE: A permanent weigh station identified within a Special Revocable Permit (SRP). An SRP may affect more than one POE weigh station. 2.2. Alternative Fuel: Includes Compressed Natural Gas (CNG), propane, ethanol, or any mixture of ethanol containing 85% or more ethanol by volume with gasoline, electricity, or other fuels, including clean diesel and reformulated gasoline so long as these other fuels make comparable reductions in carbon monoxide emissions and brown cloud pollutants as determined by the air quality control commission. 2.3. Appurtenance: A non-cargo bearing piece of equipment that is affixed or attached to a motor vehicle or trailer and is used for a specific purpose or task.

Includes awnings, support hardware, and retractable equipment. Does not include any item or equipment that is temporarily affixed or attached to the exterior of a motor vehicle to transport such vehicle. 2.4. Cargo: The goods carried as freight by a commercial vehicle. 2.5. CDOR: Colorado Department of Revenue. 2.6. CDOT: Colorado Department of Transportation. 2.7. CDPS: Colorado Department of Public Safety. 2.8. Chief: The Chief of the Colorado State Patrol, or his or her designees, unless otherwise specified. 2.9. Commercial Motor Vehicle Information Technology (CMVIT): Technology and deployments that enable the effective and accurate gathering of CMVrelated data through fixed, mobile, and virtual weighing operations. 2.10. COOPR: The CDOT Colorado Oversize/Overweight Permitting and Routing System. 2.11. CSP: Colorado State Patrol. 2.12. GCW: Gross Combined Weight. 2.13. GCWR: Gross Combined Weight Rating. 2.14. GVW: Gross Vehicle Weight. 2.15. GVWR: Gross Vehicle Weight Rating. 2.16. High-Risk Motor Carrier: A High-Risk Motor Carrier is a motor carrier that: 2.16.1. Is a passenger carrier having a ranking at or above the 90th percentile for one month in two or more of the following Behavior Analysis Safety Improvement Categories, Unsafe Driving, Crash Indicator, Hours of Service (HOS) Compliance, or Vehicle Maintenance, collectively referred to as “BASICs”, and have not received an onsite investigation in the previous 12 months; or 2.16.2. Is a non-passenger property carrier having a ranking at or above the 90th percentile for two consecutive months and has not received an onsite investigation in the previous 18 months. 2.17. Over-the-Road Bus: A bus characterized by an elevated passenger deck located over a baggage compartment and typically operated on the interstate highway system or on roads previously designated as making up the federal-aid primary system. 2.18. OSB: The Colorado State Patrol Operational Services Branch. 2.19. Permit Holder: A carrier, owner, or operator to whom a permit is issued is a permit holder. Permit holders are responsible for any violations received by vehicle operators who operate vehicles affected by a permit on behalf of the permit holder. 2.20. Port of Entry (POE) Officer: A law enforcement officer and a uniformed member of the CSP who is not a trooper nor a civilian member. The scope of authority and the duties of a POE officer are described within Section 42-8-104 (2), CRS, and as discussed within these rules. 2.21. Probationary Special Revocable Permit: An SRP that may be issued for a period of 12 months or less to a carrier, owner, or operator who is: 2.21.1. Determined an eligible, but unsatisfactory SRP applicant following review of their application, and violation, safety, and/or port clearance records; or 2.21.2. An SRP permit holder applying for a new SRP following the revocation of a prior SRP. 2.22. Regularly Scheduled Route: A route provided to the CSP POE by an applicant for an SRP. Factors considered in whether the route traveled by an SRP applicant is regular include times or places of repeated normal departure, arrival, delivery, and/or loading activity. To be eligible for an SRP, a regularly scheduled route provided by an applicant to the CSP POE must come within five (5) road miles of a permanent weigh station not directly located or along the regular route provided. 2.23. Single Axle: All wheels, whose centers may be included within two (2)-parallel transverse vertical planes not more than 40 inches apart, extending across the full width of the vehicle. 2.24. Single Axle Weight: The total weight transmitted to the road by all wheels whose centers may be included between two (2) parallel transverse vertical planes not more than 40 inches apart, extending across the full width of the vehicle. 2.25. Special Revocable Permit (SRP): A permit that waives the requirement of

Section 42-8-105 (1), CRS, for a period of 36 months or less to seek and obtain clearance at a POE weigh station that is not directly located on a carrier’s or operator’s regularly scheduled route. Eligibility for an SRP is based, partly, on the applicant’s or permit holder’s safety record and “BASICs” scores reported by the Federal Motor Carrier Safety Administration (FMCSA). 2.26. Specialized Automobile Transporter: A stinger-steered vehicle combination consistent with the definition provided within Section 42-4-504 (4.5) (C) (3), CRS, designed and used specifically for the transport of assembled highway vehicles, including truck camper units. A specialized automobile transporter is designed to carry vehicles on the power unit behind the cab or an over-cab rack. 2.27. Tandem Axle: Two or more consecutive axles, the centers of which may be included between parallel vertical planes, spaced more than 40 inches and not more than 96 inches apart, extending across the full width of the vehicle, all of which are in contact with the ground. 2.27.1. If only one of a set of multiple axles of a motor vehicle is in contact with the ground, the configuration is not a tandem axle until it is used as such. 2.28. Tandem Axle Weight: The total weight transmitted to the road by two (2) or more consecutive axles whose centers may be included between parallel transverse vertical planes spaced more than 40 inches and not more than 96 inches apart, extending across the full width of the vehicle.

POE 3 Port of Entry Operations and Authority 3.1. Delegation of Authority.

Delegation of any authority held by the CSP OSB Major relevant to POE operations will be consistent with CSP and CDPS policies. 3.2. Permanent and Mobile POE Operations.

The Chief authorizes the establishment and operation of permanent POE weigh stations. The Chief also authorizes the operation of mobile POE operations. 3.2.1. Permanent POE weigh stations will be established and operated at such points along public highways of this state as are determined necessary. 3.2.2. The location or relocation of permanent weigh stations will be determined by the Chief. 3.2.3. All permanent POE weigh stations will be operated at times determined by the Chief to reasonably allow owners and operators of motor vehicles subject to fees, licenses, taxes, or rules imposed by the state of Colorado to comply with all such laws and rules by clearance at a POE weigh station. 3.2.4. Mobile POE weigh stations will be established and operated at such points along public highways of this state as are determined to be necessary. 3.2.4.1. Mobile POE weigh stations will post signs giving notice of their operations. This notice will inform owners and operators of vehicles required to stop and obtain clearance of their need to clear the mobile weigh station. 3.2.5. Mobile POE weigh stations have the same duties and authority as permanent POE weigh stations. 3.3. Authority of POE Officers.

A POE officer, during the time he or she is engaged in performing his or her duties and while acting under proper orders or rules issued by the Chief, will have and exercise all powers invested in peace officers in connection with the direction of traffic and the enforcement of Section 42-8-101, et al., CRS; Articles 2, 3, and 20 of Title 42, CRS;

Section 42-4-106 (5), CRS; Section 42-4-501, et al., CRS; Section 42-4-209, CRS;

Section 42-4-225 (1.5), CRS; Section 42-4-235, CRS; Section 42-4-1407, CRS; Section 42-4-1409, CRS; and Section 42-4-1414, CRS, except that a POE officer cannot serve civil writs and process. 3.3.1. Detention of Operators, Vehicles, and Vehicle Impound. Within the scope of their authority, POE officers may restrain or detain persons and/or vehicles, impound vehicles, or collect outstanding taxes on behalf of the state of Colorado. 3.3.1.1. POE officers may also restrain or detain persons and/or vehicles, impound vehicles, or collect outstanding taxes in response to a lawful request from any other law enforcement agency recognized by this state. 3.3.1.2. An agency requesting detention must provide sufficient verifiable information that can be reliably used to identify the person or vehicle to be restrained, detained, or impounded, in addition to providing a reasonable basis by rule of law for the detention, restraint, or impoundment. 3.3.1.3. Information supplied by a requesting agency for the detention or impoundment of any person or vehicle may be communicated verbally or in writing, and must include: 3.3.1.3.1. The name of the agency requesting the detention or impoundment; 3.3.1.3.2. The name of the agency official requesting the detention or impoundment; 3.3.1.3.3. The rule of law being violated or suspected of being violated; and 3.3.1.3.4. The maximum time a vehicle or operator is to be detained. 3.3.1.4. Motor vehicles detained or impounded by POE officers at the request of the DOR may be released promptly upon: 3.3.1.4.1. Payment of taxes and fees due; 3.3.1.4.2. Making a deposit sufficient to pay the same in full, after proper computations and adjustments have been made; or 3.3.1.4.3. Request of DOR. 3.3.1.5. The cargo of any impounded vehicle may be transferred to any properly licensed and qualified motor vehicle and permitted to proceed.

POE 4. Regulations 4.1. POE Clearance and the Duty to Stop and Weigh.

Owners or operators of motor vehicles required to obtain clearance from the CSP POE under Section 42-8-105 (1), CRS, include: 4.1.1. Owners or operators of motor vehicles that are subject to payment of registration fees according to Section 42-3-306 (5) (b), CRS; 4.1.2. Owners or operators of motor vehicles displaying apportioned or GVW license plates; or 4.1.3. Owners or operators of motor vehicles or motor vehicle combinations having a GVWR or GCWR over 26,000 lbs. 4.1.4. Owners or operators of motor vehicles may obtain a required clearance by: 4.1.4.1. Securing a valid clearance from a CSP officer or POE weigh station before operating or causing the operation of a vehicle or combination of vehicles on the public highways of this state. 4.1.4.1.1. CMVIT may facilitate the collection of commercial motor vehicle data at physical, mobile, or virtual weigh stations where available and authorized to do so. Data collected through virtual operations will not be used to directly enforce statutory commercial motor vehicle clearance requirements. 4.1.4.2. Obtaining clearance from the first POE weigh station located within five (5) road miles of the route that the owner or operator would normally follow from their point of departure to the point of destination if a previous clearance or SRP has not been secured.

To be valid, the clearance must occur before arriving at the point of destination and before removing the load from the motor vehicle. 4.1.4.2.1. The route that a reasonable commercial vehicle owner or operator would take from the same points of departure and destination is considered to be the “route that an owner or operator would normally follow.” 4.1.4.3. Any owner or operator violates Section 42-8-105, CRS, if they fail to seek out a permanent POE weigh station that is located within five (5) road miles of the route that the owner or operator would normally follow. 4.1.5. Every owner or operator of a motor vehicle required to obtain clearance must stop at every POE weigh station located within five (5) road miles of their route of travel. 4.1.5.1. Vehicles with a seating capacity of 14 or more passengers registered under the requirements of Sections 42-3-304 (13) or 42- 3- 306 (2) (c) (I), CRS, are not required to secure a valid clearance. 4.2. Vehicle Weight Requirements - Wheel and Axle Loads.

Vehicles having a single drive-axle configuration and equipped with pneumatic tires are not subject to the axle weight limitations set forth within Section 42-4-507 (2) (b), CRS, and may operate in excess of 20,000 lbs. axle weight when: 4.2.1. The single-drive-axle vehicle is equipped with a self-compactor; and 4.2.2. Is used solely for the transporting of trash. 4.2.3. Vehicles equipped with, but not using a tandem drive-axle configuration, will not be permitted to operate over an axle weight of 20,000 lbs. and must comply with the axle weight limitations set forth within Section 42-4- 507 (2) (B), CRS. 4.3. Auxiliary Power Units (APU) and Idle Reduction Technology Units.

Any vehicle that uses an APU or idle reduction technology unit to reduce fuel use and emissions resulting from engine idling will have the actual weight of the APU or idle reduction technology unit exempted from the calculation of the actual axle and GVW, up to 550 lbs. To be eligible for this weight exemption, the operator of the vehicle must provide: 4.3.1. Written certification of the actual weight of the APU or idle reduction technology unit; and 4.3.2. Written certification or demonstration that confirms the idle reduction technology unit is fully functional at all times. 4.4. Buses.

Any over-the-road bus, or any vehicle regularly and exclusively used as an intrastate public agency transit passenger bus, is exempted from compliance with the axle limits set forth within Section 42-4-507 (2) (b), CRS. 4.5. Gross Vehicle Weight (GVW) – Determination of GVW.

The legal GVW or GCW limit for any vehicle or combination of vehicles specified within

Section 42-4-508 (1), CRS, will be determined by the actual number of axles in contact with the road surface and the applicable Bridge Weight Formula. 4.5.1. Except where otherwise provided by Sections 42-4-508 or 42-4-510, CRS, vehicles or vehicle combinations operating on any highway or bridge that is part of the national system of interstate and defense highways (otherwise known as the interstate highway system) must: 4.5.1.1. Have their total weight distributed so that no axle exceeds the legal axle weight limit for the highway traveled; 4.5.1.2. Comply with the federal bridge formula set forth within

Section 42-4-508 (1) (c), CRS; and 4.5.1.3. Not exceed a maximum of 80,000 lbs. in the calculation of the federal bridge formula. 4.5.1.3.1. Natural gas alternative fuel system vehicles may operate up to an additional 2,000 lbs., or as is consistent with applicable state law, the exemption set forth within 23 USC 127 (S), and FHWA guidance regarding natural gas alternative fuel system vehicles. 4.5.1.3.2. Alternative fuel vehicles not operating natural gas systems may operate up to an additional 2,000 lbs., or as is consistent with Sections 42-4-508 (1.5) and 25-7-139, CRS. 4.5.2. Except where otherwise provided by Sections 42-4-508 or 42-4-510, CRS, vehicles or vehicle combinations operating on any highway other than a highway identified as part of the interstate highway system must: 4.5.2.1. Have their total weight distributed so that no axle exceeds the legal axle weight limit for the highway traveled; 4.5.2.2. Comply with the state bridge formula set forth within Section 42-4-508 (1) (b), CRS; and 4.5.2.3. Not exceed a maximum of 85,000 lbs. in the calculation of the state bridge formula. 4.6. Vehicle-Width – Measurement of Commercial Motor Vehicle Width.

Vehicle width will be measured from the point farthest from the center of the motor vehicle or a combination of motor vehicles on each side of the vehicle or a combination of vehicles. 4.6.1. Vehicle components not excluded by law or regulation are included in the measurement of commercial motor vehicle width. Components that are excluded from the measured width of a commercial motor vehicle include, but are not limited to: 4.6.1.1. Rear view mirrors, turn signal lamps, handholds for cab entry/egress, splash and spray suppressant devices, load-induced tire bulge; and 4.6.1.2. All non-property-carrying devices, or components thereof, that do not extend more than three (3) inches beyond each side of the vehicle. 4.7. Vehicle Length – Measurement of Commercial Motor Vehicle Length.

Vehicle length is generally measured from the front-most fixed point (generally the front bumper) to the rear-most fixed point (generally where the brake lights are located). 4.7.1. Any permanently mounted appurtenance that extends beyond the front or rear of the vehicle to which it is mounted becomes part of the vehicle. A permanently mounted appurtenance is included in the overall measurement of vehicle length. 4.7.2. Vehicle components not excluded by law or regulation will be included in the measurement of the length of commercial motor vehicles.

Components that are excluded from the measured length of a commercial motor vehicle include, but will not be limited to: 4.7.2.1. Rear view mirrors, turn signal lamps, handholds for entry/egress, splash and spray suppressant devices; 4.7.2.2. All non-property-carrying devices, or components thereof that do not exceed 24 inches beyond the rear of the vehicle as stated within 23 CFR 658.16; 4.7.2.3. Resilient bumpers that do not extend more than six (6) inches beyond the front or rear of the vehicle; or 4.7.2.4. Lamps or flags on projecting loads in use consistent with

Section 42-4-209, CRS, or devices exempted from the length, and are not considered a projection or overhang. 4.7.3. Length Measurement of Specialized Automobile Transporters. The overall length measurement of a specialized automobile transporter is calculated exclusive of: 4.7.3.1. Front and rear cargo overhang; 4.7.3.2. Safety devices not designed or used for carrying cargo; and 4.7.3.3. Any extension device (ramp or “flippers”) that may be used for loading beyond the extreme front or rear end of a vehicle or combination of vehicles. 4.7.3.3.1. Extendable ramps or “flippers” on specialized automobile transporters that have not been retracted and are not supporting vehicles will be included in the measurement of vehicle length. 4.7.4. Measurement of Trailers – Trailer Drawbar or Tongue Length. 4.7.4.1. Where the trailer drawbar or tongue is of rigid construction, the measurement will be taken from the rear-most point of the power unit’s cargo box to the front-most point of the trailer’s mainframe. 4.7.4.2. Where the trailer drawbar is hinged, the measurement will be taken from the rear-most of the power unit’s cargo box to the frontmost point of the drawbar hinge. 4.7.4.3. A tool or accessory box that is welded or attached to the trailer drawbar or tongue is not included in the calculation of a trailer’s drawbar or tongue length. 4.7.4.4. A trailer drawbar may not exceed 15 feet between two (2) vehicle units except when: 4.7.4.4.1. The connection is between any two (2) vehicles transporting poles, pipe, machinery, or other objects of a structural nature that cannot be readily dismembered; or 4.7.4.4.2. Connections between vehicles are of rigid construction and are included as part of the structural design of the towed vehicle, and the overall combined length of the vehicles and the connection does not exceed 55 feet. 4.7.4.5. Adjustable pole trailers that are primarily designed for the transportation of cargo must have the connection between vehicles reduced to 15 feet or less when operating without cargo if the overall vehicle combination exceeds 55 feet. 4.8. Vehicle Height.

Maximum height limits are as designated by the CDOT and are available online from the CDOT Freight Mobility & Safety website, https://freight.colorado.gov, by selecting “route planning” then “maps,” and then by scrolling down to “other maps” and selecting “vertical clearance.” 4.8.1. Vehicles, laden or unladen, must not exceed a height of 14 feet six inches and must be operated in compliance with Section 42-4-504 (1), CRS. 4.9. Use of CMVIT Concerning CMV Size and Weight.

CMVIT may facilitate the identification of potential size, weight, and permit violations of commercial motor vehicles in Colorado where available and authorized to do so. CMVIT will not be used in any way inconsistent with state statutes or contrary to any applicable state and/or federal rules or regulations.

POE 5 Permits. 5.1. Special Revocable Permits (SRP).

An SRP may be issued to an owner or operator of any vehicle being operated over a regularly scheduled route within five (5) road miles of a permanent POE weigh station according to Section 42-8-105 (1), CRS. 5.1.1. An SRP waives the requirement that an owner or operator seek out and secure a valid clearance at a permanent POE that is located within five (5) road miles of an identified regularly scheduled route. 5.1.2. The use or issuance of any SRP is contingent upon an applicant’s or permit holder’s compliance with any applicable rules, laws (federal, state, county, and local), and the requirements set forth within these rules. 5.2. Application for SRP.

An application for an SRP is made by completing and submitting an application to the CSP POE Section. 5.2.1. SRP applications are provided by the CSP POE Section upon request, online, and may also be submitted to the CSP POE Section online through the CDOT COOPR website. 5.2.2. The CSP POE Section will collect any information identified as necessary to determine an applicant’s eligibility for an SRP. Information necessary to determine an applicant’s eligibility includes: 5.2.2.1. The legal name of the applicant and the name under which the applicant conducts business, if applicable; 5.2.2.2. The physical and mailing addresses of the applicant; 5.2.2.3. The USDOT# assigned to and used by the applicant; 5.2.2.4. The number of vehicles proposed to be subject to the SRP if it is issued and the VIN for each vehicle; 5.2.2.5. The POE weigh station location(s) the applicant would like the SRP to affect; 5.2.2.6. The name and signature of the person submitting the SRP application on behalf of the applicant; and 5.2.2.7. A detailed description of the applicant’s regularly scheduled route. This description should, at minimum, identify the points of origin and destination(s) for the route provided. 5.2.2.8. If the information initially provided by the applicant is insufficient, additional information will be requested. 5.3. SRP Approval.

When an application for an SRP is approved, the SRP will be issued by the CSP POE

Section upon the recommendation and the approval of the OSB Major or his or her designee. 5.3.1. Within its discretion, the CSP POE Section reserves the right to attach special conditions to the approval of any SRP where the CSP POE

Section determines that it is necessary or advisable to include specific conditions beyond those generally applicable to SRP use. 5.3.2. Any SRP issued to an applicant/permit holder must be: 5.3.2.1. Carried at all times in any authorized vehicle when being operated over the approved regularly scheduled route; and 5.3.2.2. Available upon demand for inspection by the CSP POE or any other state or law enforcement officer. 5.3.2.3. Electronic copies of the permit are acceptable. 5.3.3. An SRP issued to an eligible SRP applicant by the CSP POE Section may be valid for up to 36 months, except where an otherwise eligible applicant is determined unsatisfactory following a review of their violation, safety, and/or port clearance records. 5.3.3.1. Eligibility for an SRP is based in part on the applicant’s safety record and “BASICs” reported by the FMCSA. 5.3.3.2. The number and type of violation convictions received by drivers operating vehicles for the applicant within the state of Colorado are considered when determining applicant eligibility. 5.3.3.3. The number of port clearances during the 12 months before the SRP application date is relevant in determining eligibility. 5.3.3.4. The Applicant’s compliance with any previously issued SRP terms and conditions will factor into the decision to issue any subsequent SRP to the applicant. 5.3.4. An SRP applicant determined to be an unsatisfactory applicant may be eligible for a Probationary SRP where: 5.3.4.1. The applicant does not meet the definition of a “High-Risk Motor Carrier”; or 5.3.4.2. The applicant meets the definition of a “High-Risk Motor Carrier,” but the applicant’s Company Snapshot available through the USDOT FMCSA Safety and Fitness Electronic Records (SAFER) System website confirms a conditional or satisfactory rating for the applicant. 5.3.5. An SRP applicant who is issued a Probationary SRP: 5.3.5.1. Must demonstrate that corrective actions are in progress or in place to maintain or improve SRP eligibility. 5.3.5.2. May apply for an SRP after the Probationary SRP period. 5.3.5.2.1. The permit holder’s compliance with the conditions of the Probationary SRP factors into the decision to issue any subsequent SRP to the applicant. 5.3.5.2.2. An SRP applicant applying for an SRP following the revocation of their prior SRP will first be eligible to apply for a Probationary SRP. 5.3.6. An SRP: 5.3.6.1. Is not transferable from company to company or between vehicles without prior approval of the CSP POE Section; 5.3.6.2. Does not affect the right of any lawful authority to stop a vehicle to check for: 5.3.6.2.1. Operating credentials; 5.3.6.2.2. Applicable oversize or overweight violations; or 5.3.6.2.3. Violations of other motor vehicle laws. 5.3.6.3. Is valid only when used by an authorized vehicle operating within the scope of the approved regularly scheduled route. 5.3.7. The CSP POE Section will respond to all complete SRP applications with a decision to either issue or deny an SRP within seven calendar days of receipt. 5.4. Denial of SRP.

An application for an SRP may be denied if: 5.4.1. The applicant has failed to pay taxes or registration fees when due; 5.4.2. The applicant is subject to the payment of recurrent distraint penalties as set forth within Section 39-21-114 (7), CRS; 5.4.3. In the 12 months before the SRP application date, any vehicle operator of the applicant demonstrates a pattern of non-compliance with the duty to stop and weigh or the duty to obtain clearance imposed by Sections 42-4- 509 (3) and 42-8-105, CRS, respectively; 5.4.4. In the 12 months before the SRP application date, any vehicle operator of the applicant has been convicted of three (3) or more violations of size and weight requirements as are set forth within Section 42-4-501, et seq., CRS; 5.4.5. The applicant meets the definition of a “High-Risk Motor Carrier” and the FMCSA SAFER Company Snapshot does not have a carrier rating or has a rating of “unsatisfactory”; 5.4.6. In the 12 months before the SRP application date, violation convictions received by any vehicle operator of an applicant demonstrate a pattern of non-compliance with applicable laws; 5.4.7. Following suspension or revocation of an SRP, vehicle operators of an applicant continue to violate the laws that resulted in the suspension or revocation of the SRP; 5.4.8. The applicant has misused, or used fraudulently, or has otherwise failed to comply with the conditions of any previously issued valid permit or license; 5.4.9. The application for the SRP misrepresents or provides inaccurate information regarding the regularly scheduled route; or 5.4.10. A request for additional information is not responded to within 30 calendar days. 5.4.10.1. An applicant whose SRP application is denied due to the applicant’s failure to respond to a request from the CSP POE

Section to provide additional information may resubmit their application without prejudice. 5.4.10.2. The CSP POE Section will have seven calendar days to respond to the resubmitted SRP application. 5.5. Permit Suspension and Revocation.

A permit holder’s SRP(s) may be suspended when: 5.5.1. A permit holder fails to pay taxes or registration fees when due; 5.5.2. A permit holder is subject to the payment of recurrent distraint penalties as described within Section 39-21-114 (7), CRS; 5.5.3. A permit holder used the permit to evade any law; 5.5.4. In a 12-month period during which an SRP has been issued, any vehicle operator of a permit holder has been convicted of three (3) or more violations in a vehicle assigned to an SRP of the size and weight requirements of Section 42-4-501, et seq., CRS; 5.5.5. In a 12-month period during which an SRP has been issued, any vehicle operator of a permit holder demonstrates a pattern of non-compliance with either the duties to stop and weigh or obtain clearance as set forth within Sections 42-4-509 (3) and 42-8-105, CRS, respectively; 5.5.6. In a 12-month period during which an SRP has been issued, violation convictions received by any vehicle operator for a permit holder demonstrate a pattern of non-compliance with applicable laws; 5.5.7. Any authorized vehicle utilizing an SRP does not obtain port clearance from the affected POE weigh station(s) at least once per quarter during the period the SRP is valid; 5.5.7.1. The quarterly clearance requirement cannot be satisfied using PrePass, Drivewyze, or any other electronic clearance program. 5.5.8. The approved regularly scheduled route for which an SRP is issued to a permit holder is altered or discontinued; 5.5.9. A permit holder is identified as a “High-Risk Motor Carrier” and their FMCSA SAFER Company Snapshot does not have a carrier rating or reports an “unsatisfactory” carrier rating; 5.5.10. The permit holder violates any conditions applicable to an SRP; or 5.5.11. The permit holder misuses any permit or license. 5.6. SRP Revocation.

A permit holder’s SRP(s) may be revoked when: 5.6.1. A permit holder who has been subject to SRP suspension continues to demonstrate a pattern of non-compliance with applicable laws and rules; 5.6.2. A permit holder fails to comply with the terms of any Probationary SRP; and/or 5.6.3. A permit holder fails to take any steps as may be directed by the CSP POE Section to improve or achieve compliance within a prescribed period. 5.7. SRP Application Denial, SRP Suspension, or SRP Revocation by Written Notice.

Denial, suspension, or revocation of any SRP will be by written notice from the CSP POE Section. 5.8. Right to Appeal SRP Application or Permit Denial, Suspension, Revocation, and Request a Hearing.

An applicant or permit holder may request a hearing within 60 days of receiving written notice from the CSP POE Section denying, suspending, or revoking an SRP. Hearing requests by applicants or permit holders appealing an SRP denial, suspension, or revocation must be: 5.8.1. Made in writing; and 5.8.2. Addressed to the Major of the CSP OSB at 15075 S. Golden Rd., Golden, CO., 80401. 5.9. Hearing and Review.

The OSB Major will hold the hearing. 5.9.1. The scope of the hearing will be limited to whether the applicant or permit holder has complied with these rules. 5.9.2. The OSB Major will issue a written decision within 20 business days of the completed hearing. 5.9.2.1. If the OSB Major finds that evidence of non-compliance and ineligibility is sufficient, the SRP application denial, suspension, or revocation will be sustained. 5.9.2.2. If the OSB Major finds that evidence of compliance and ineligibility is insufficient, the SRP application denial, suspension, or revocation will be immediately overturned and the SRP or previous SRPs will be issued or reinstated. 5.9.2.3. If the OSB Major finds that evidence of non-compliance and ineligibility is insufficient to support application denial, permit suspension, or revocation but is sufficient to find an SRP applicant or permit holder to be unsatisfactory under these rules, it is within the discretion of the Major to issue or reinstate any SRP as a Probationary SRP for a period not to exceed one (1) year. 5.9.3. The decision by the Major will constitute a final agency action and is subject to judicial review as described by Section 24-4-106, CRS.

POE 6 Inquiries, Publications, and Severability. 6.1. Rule Inquiries.

All contact with the CSP POE Section about these rules or their applicability should be addressed to the:

Colorado State Patrol Port of Entry Section 15075 S. Golden Rd., Golden, CO., 80401 (303)273-1870 (Main Phone) 6.2. Publications.

All publications, standards, or guidelines adopted and incorporated by reference in these rules are on file with and available upon request for public examination at any state publication depository library as required by Section 24-4-103 (12.5), CRS, or inspection by contacting the CSP POE Section at 15075 S. Golden Rd., Golden, CO., 80401-3990. These rules are available online through the CDPS Rulemaking website at https://publicsafety.colorado.gov/cdps-rules-coloradocode-of-regulations. 6.2.1. All publications, standards, or guidelines adopted and incorporated by reference in these rules will be provided and made available for examination at any state publication depository library as required by

Section 24-4-103 (12.5), CRS. The following publication(s), standard(s), and guideline(s) have been referenced within these rules in accordance with Section 24-4-103 (12.5), CRS: 6.2.1.1. United States Department of Transportation, Federal Motor Carrier Safety Administration (2021). High Risk Carriers Investigations Report. Status of High-Risk Carrier Investigations (Last updated August 3, 2021). Accessed September 11, 2025. https://www.fmcsa.dot.gov/mission/policy/high-risk-carriersinvestigation-report. 6.2.2. The CSP POE Section will maintain copies of the complete texts of the aforementioned publications, standards, guidelines, and rules and will make them available for public inspection during regular business hours.

Interested parties may access these documents online free of charge.

Interested parties may also inspect the referenced materials and/or obtain copies of the adopted standards for a reasonable fee by contacting the CSP Central Records Unit (CRU) at 700 Kipling St., Lakewood, CO., 80215 or by email at cdps_csprecords@state.co.us. Copies of the adopted publications, standards, guidelines, and rules may also be available from the organization(s) of their original issue: 6.2.2.1. United States Department of Transportation, Federal Motor Carrier Safety Administration (FMCSA), 1200 New Jersey Ave., SE Room W-65-206, Washington, DC, 20590. Phone: 1-(800) -832- 5660. Website: www.fmcsa.dot.gov. 6.2.3. These rules do not include later amendments to or editions of any publications, standards, guidelines, or rules incorporated by reference. 6.3. Severability.

If any provision of these rules or the application thereof to any person or circumstance is determined to be unlawful or invalid, the remaining provisions of these rules will not be affected, absent a specific reference.

Editor’s Notes

History Entire rule eff. 04/30/2013.

Entire rule eff. 04/01/2014.

Entire rule eff. 04/01/2015.

Entire rule eff. 03/30/2016.

Entire rule eff. 04/30/2017.

Rules IV.C.1.a, V.A.3 eff. 03/17/2018.

Rules II.A.3, II.A.5, II.A.13, III.B.1, III.C.2.b.ii-iii, V.A.3.c, V.A.3.f.i, V.A.4, V.A.6.b.2, V.A.6.c, VI eff. 03/17/2019.

Rules II.A.5-17, IV.B.1.a, IV.F, V.A.2, V.A.3.b.iii, VI.B eff. 04/01/2020.

Entire rule eff. 04/01/2021.

Entire rule eff. 04/01/2022.

Entire rule eff. 03/31/2023.

Entire rule eff. 04/01/2024.

Entire rule eff. 04/01/2025.

Rules 2.16, 5.3.7, 5.4.10.2, 6.2, 6.2.1.1 eff. 04/01/2026.

8 CCR 1507-51 EMERGENCY RULES RE: ROUTING & TRANSPORTATION OF HAZARDOUS AND NUCLEAR MATERIALS CONTEMPORANEOUS TO THE DEMOCRATIC NATIONAL CONVENTION, IN DENVER, CO, AUG 25-28, 2008 [Expired Aug. 30, 2008, 11:59 PM] {#sec-8-ccr-1507-51 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-51}

DEPARTMENT OF PUBLIC SAFETY

Colorado State Patrol EMERGENCY RULES AND REGULATIONS CONCERNING THE ROUTING & TRANSPORTATION OF HAZARDOUS AND NUCLEAR MATERIALS CONTEMPORANEOUS TO THE DEMOCRATIC NATIONAL CONVENTION, IN DENVER, COLORADO AUGUST 25-28, 2008; EXPIRED AUGUST 30, 8 CCR 1507-51 _________________________________________________________________________ Editor’s Notes

History Entire emergency rule eff. 8/23/2008 – 8/30/2008; expired 08/30/2008, 11:59pm.

8 CCR 1507-55 COMMERCIAL VEHICLE VIN INSPECTION PILOT PROGRAM [Repealed eff. 12/30/2019] {#sec-8-ccr-1507-55 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-55}

DEPARTMENT OF PUBLIC SAFETY

Division of State Patrol RULES AND REGULATIONS CONCERNING THE COLORADO STATE PATROL PILOT COMMERCIAL VEHICLE VIN INSPECTION PROGRAM - Repealed eff. 12/30/2019.

8 CCR 1507-55 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History New rule eff. 12/30/2017.

Entire rule repealed eff. 12/30/2019.

8 CCR 1507-56 Motorcycle Operator Safety Training (most) Program {#sec-8-ccr-1507-56 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-56}

DEPARTMENT OF PUBLIC SAFETY

RULES AND REGULATIONS CONCERNING THE MOTORCYCLE OPERATOR SAFETY TRAINING

(MOST) PROGRAM

8 CCR 1507-56 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 1. AUTHORITY 1.1. Pursuant to §43-5-502.5(2), CRS, the Chief of the Colorado State Patrol is authorized to adopt rules necessary for the administration of the MOST Program. Consistent with §43- 5-502 (1) (a) (III) (c), CRS, the Chief of the Colorado State Patrol has authority to designate a program coordinator to implement and administer the MOST Program. 1.2. Pursuant to §43-5-502 (1) (a) (III) (d), CRS, rules necessary to carry out the MOST Program may be adopted consistent with Article 4 of Title 24, CRS.

2. APPLICABILITY 2.1. These rules apply to all persons who operate as MOST Program Vendors, MOST Program Instructors, MOST Program Instructor Trainers, MOST Program students, and the MOST Program in general, as it operates within Colorado.

3. GENERAL DEFINITIONS 3.1. With respect to these rules, the following definitions are applicable throughout unless otherwise indicated: 3.1.1. “Administrative Expenses” means expenses related to Colorado MOST Program salaries, related benefits, and operating costs. Administrative operating costs include: 3.1.1.1. Daily administrative costs incurred by the Colorado MOST Program administered through the Colorado State Patrol, including copyright review of MOST Courses submitted for consideration to the CO MOST Program; 3.1.1.2. Travel costs for business travel by MOST Program staff related to supporting the Colorado MOST Program; 3.1.1.3. Purchasing or leasing of capital equipment by Colorado State Patrol MOST Program staff for the Colorado MOST Program that are not otherwise secured by a Purchase Order, agreement, or contract; 3.1.1.4. Office supplies; 3.1.1.5. In-office printing, copying, form reproduction; and 3.1.1.6. Tuition and/or registration costs for MOST Program personnel attending activities related to the support or administration of the Colorado MOST Program. 3.1.2. “Advanced Rider Course (ARC)” means any Motorcycle training course, other than a beginner or intermediate Motorcycle instruction course, designed to improve upon existing knowledge, attitudes, habits, and skills of licensed Motorcycle riders, necessary for the safe operation of a Motorcycle. 3.1.3. “Advisory Board” means the Motorcycle Operator Safety Advisory Board (MOSAB) established pursuant to §43-5-505, CRS. 3.1.4. “Approved Beginner/Intermediate MOST Course” means a Motorcycle instruction course approved by the CO MOST Program designed to develop the knowledge, attitudes, habits, and skills necessary for the safe operation of a Motorcycle. To qualify, a beginner or intermediate Course provided by a CO MOST Program Vendor must teach the requirements for issuing a course completion card which can be used to obtain a driver’s license motorcycle endorsement. 3.1.5. “Best Practices” means guidelines, ideas, or techniques confirmed through applicable research and/or relevant professional experience representing alternative, applicable, practical, and prudent practices and methodology promoting effective and reliable results. 3.1.6. “CDOR” means the Colorado Department of Revenue. 3.1.7. “CDOT” means the Colorado Department of Transportation. 3.1.8. “CDPS” means the Colorado Department of Public Safety. 3.1.9. “Certification” means official recognition, affirmation, or approval of status that may be expressed interchangeably and to the same effect within these rules as the certification, recognition, affirmation or approval of the same. As applied throughout these rules, certification is official recognition, affirmation, or approval of a MOST Vendor, Instructor, or Course as a CO MOST recognized, affirmed, or approved Vendor, Instructor, or Course, by the CO MOST Program. Specifically: 3.1.9.1. Certification of a Course is the official recognition, affirmation, or approval of a MOST Motorcycle education course that has been submitted to MOST for evaluation and has received written approval for use as a Motorcycle license waiver endorsement class meeting all applicable statutory requirements and is consistent with these rules. 3.1.9.2. Certification of an Instructor is the official recognition, affirmation, or approval of a MOST Instructor who has applied to perform as a MOST Course Instructor in Colorado from the CO MOST Program. To receive Certification, recognition, affirmation, or approval, a MOST Instructor must maintain compliance with applicable CO MOST Program Approved Course requirements, statutes, and these rules. 3.1.9.3. Certification of a Vendor is the official recognition, affirmation, or approval of a MOST Vendor who seeks to enter into agreement with the CO MOST Program to support CO MOST Program Course instruction.

To receive Certification, recognition, affirmation, or approval, a MOST Vendor must agree to operate consistent with the terms and conditions of the CO MOST Program Agreement, applicable statutes, and these rules. 3.1.10. “Chief” means the Chief of the Colorado State Patrol. As may be appropriate and as is consistent with CSP and CDPS Policy, “Chief” also includes the designees of the Chief. 3.1.11. “Classroom” means a designated area or areas or space, virtual or physical, used for the purpose of CO MOST Program Approved Course academic training and instruction. 3.1.12. “Complete CO MOST Course” means a CO MOST Program Approved Course consisting of academic instruction, Range Course training, and skills development for the purposes of meeting Instructor approval requirements set forth within these rules. To receive credit towards the annual CO MOST Instructor Course Instruction requirement of three CO MOST Program Approved Courses, a CO MOST Instructor must instruct three complete CO MOST Program Approved Courses or equal opposite halves of six CO MOST Program Approved Courses. 3.1.13. “Course Completion Card” means the certificate or card issued to a student upon the successful completion of a CO MOST Program Approved Course. This card or certificate must include the Course name, a legible Course Instructor signature, the date of card or certificate issue, the complete name of the student as it appears on the student’s state driver’s license or identification card, and must display a unique, identifying serial or card/certificate issue number. 3.1.14. “Contract Expenses” means expenses incurred by the Colorado MOST Program directly related to a contract, agreement, or purchase order issued to a thirdparty; expenses incurred to promote the MOST Program; and expenses related to the operation of the Colorado MOST Program. 3.1.15. “CSP” means the Colorado State Patrol. 3.1.16 “Eligible CO MOST Course Student” means any person who enrolls in a CO MOST Course and: 3.1.16.1. Is a resident of Colorado holding a valid driver’s license, a Minors’ (age-restricted, under 21-years of age) driver’s license, valid state ID, or instruction permit, as authorized by §42-2-106, CRS; or 3.1.16.2. Is a member of the armed forces having moved to Colorado consequent to a permanent change of station basis, holding a valid driver’s license issued by another state; or 3.1.16.3. Is an adult holding a valid driver’s license from another state and is eligible for a Motorcycle license or endorsement in that same state. 3.1.17. “Eligible CO MOST Instructor Training Course Student” means any person who enrolls in a Colorado MOST Program Approved Instructor Training Course and: 3.1.17.1. Is a resident of Colorado holding a valid Motorcycle-endorsed driver’s license as provided by §42-2-106, CRS; or 3.1.17.2. Is a member of the armed forces having moved to Colorado subsequent a permanent change of station basis, holding a valid driver’s license issued by another state. 3.1.18. “Instructor Professional Development Workshop (PDW)” means a training educational activity designed to improve knowledge, attitudes, habits, and skills of CO MOST Instructors to improve and update the quality of CO MOST Program Approved Courses consistent with best practices. 3.1.19. “Leap Year” means a calendar year running from January 1ST through December 31ST, having 29 days in February and occurring once every four (4) calendar years. 3.1.20. “Mobile Training” means the transport to and from and the setting up of all CO MOST Program Approved training, including equipment, personnel, and classroom materials at Temporary Training Sites to provide training in underserved areas of the state not having Training Sites or providing CO MOST Program Approved Courses. Mobile training also means training provided by a CO MOST Program Certified Vendor at two or more Temporary Training Sites with the exception that a CO MOST Program Certified Vendor may provide Mobile Training using a single Temporary Training Site during the first year it provides Mobile Training. 3.1.21. “MOST Course” or “CO MOST Approved Course” means any beginner or intermediate MOST Course officially recognized and approved by the CO MOST Program. 3.1.22. “MOST Fund” or “CO MOST Fund” means the fund authorized by §43-5-504, CRS. 3.1.23. “MOST Instructor,” “MOST Program Instructor,” “CO MOST Instructor,” “CO MOST Program Instructor” or “Instructor” means an individual, satisfying applicable requirements of these rules, who is in good standing with CO MOST Program requirements, Certified by the CO MOST Program to teach CO MOST Program Approved Courses. 3.1.24. “MOST Instructor Training Candidate” or “CO MOST Instructor Training Candidate” means an individual satisfying the requirements of these rules, in good standing with CO MOST Program requirements, who, upon successful Course completion, may apply for Certification from the CO MOST Program to instruct CO MOST Program Approved Courses. 3.1.25. “MOST Instructor Training Course” or “CO MOST Program Approved Instructor Training Course” means an approved course of instruction which prepares an Instructor Candidate to teach CO MOST Program Approved Courses. 3.1.26. “MOST Program Coordinator,” “CO MOST Program Coordinator,” or “Program Coordinator” means the individual to whom the Chief has delegated responsibility for the administration of the CO MOST Program. 3.1.27. “MOST Program Office” or “CO MOST Program Office” means the main office for the CO MOST Program located at the CSP. 3.1.28. “MOST Program Instructor Certification” or “CO MOST Program Instructor Certification” means the certification provided to a person to operate as a CO MOST Program Instructor from the CO MOST Program. See definition 3.1.9. of these rules for additional guidance. 3.1.29. “MOST Program Vendor,” “MOST Vendor,” “CO MOST Program Vendor,”

“Colorado MOST Program Vendor,” “CO MOST Vendor,” or “Vendor” means a person that offers Motorcycle training meeting applicable CO MOST Program requirements set forth, referenced, and/or adopted by these rules. 3.1.30. “MOST Program Vendor Certification” or “CO MOST Program Vendor Certification” means the certification, affirmation, recognition, and/or approval provided to a person to operate as a CO MOST Program Vendor from the CO MOST Program. See definition 3.1.9. of these rules for additional guidance. 3.1.31. “Motor Vehicle Record (MVR)” or “Motor Vehicle Operator Record” means an official document produced by an identified state governmental entity detailing the motor vehicle operation and/or motor vehicle operation violation history for a person issued or previously issued a state license to operate a motor vehicle.

May be known by another name (i.e., Abstract, Driver’s Record, etc.) in states outside of Colorado. 3.1.32. “Motorcycle” means a motor vehicle designed with handlebars or any other similarly connected device to the front wheel(s) of the vehicle to steer. 3.1.32.1. A Motorcycle defined within these rules will mean a motor vehicle designed to travel with three or less wheels in contact with the ground. 3.1.32.2. For purposes of these rules, a Motorcycle will not include any farm tractor, low-speed electric vehicle, or low-power scooter, as identified within §42-1-102 (55), CRS. 3.1.33. “Motorcycle Operator Safety Training (MOST) Program” or “CO MOST” means the Motorcycle Safety Training Program created pursuant to §43-5-501, et. seq., CRS. As used within these rules, MOST Program, MOST, CO MOST, Program, and Motorcycle Operator Safety Training Program, are used. 3.1.34. “Person” means an individual, a corporation, a government or governmental subdivision or agency, a partnership, an association, or any other legal entity, with the exception that separate divisions of the same corporation may, at their request, be treated as separate persons. 3.1.35. “PnP” or “CO MOST PnP” means the CO MOST Program document available to the public and provided through the CO MOST Office, outlining expectations, guidelines, and requirements for Certified and participating Vendors, Instructors, students, and CO MOST Program partners. The CO MOST PnP encompasses as part information relevant to Quality Assurance Reviews (QARs), setting forth policies, procedures and expectations supporting QARs consistent with these rules and CO MOST Program goals. As referenced by these rules the CO MOST PnP applicable is CO MOST Document 1302_3/22. 3.1.36. “Program Agreement” means the Motorcycle Operator Safety Training (MOST)

Program agreement between the CO MOST Program and Certified CO MOST Program Vendors, CO MOST Document 1320_6/22. 3.1.37. “Range” means a Motorcycle Course area of asphalt, pavement, or concrete that is approved of by one or more CO MOST Program Approved Course providers and recognized by the CO MOST Program for Motorcycle (two and/or threewheeled) training, having sufficient run-off area around the perimeter and any/all obstacles or barriers; adequate run-up and run-out space; defined for a maximum level of students; and designed, painted, and audited consistent with applicable CO MOST Program Approved Course standards. 3.1.38. “Quality Assurance Review (QAR)” means actions through which the CSP or its agents evaluate the compliance of CO MOST Program Vendors or CO MOST Program Instructors with applicable statutes, these rules, the CO MOST PnP, applicable contractual or agreement obligations, applicable CO MOST Program Approved Courses, and CO MOST Program directives, policies, and initiatives. 3.1.39. “Reinstatement” means the recertification of a CO MOST Program Vendor, CO MOST Instructor Trainer, or CO MOST Instructor by the Chief and the CO MOST Program subsequent to any cancelation, expiration, denial, limitation, suspension, or revocation of a certification consistent with applicable law, CO MOST contracts or agreements, CO MOST Program Approved Courses, these rules, and other applicable CO MOST Program developed criteria (including the CO MOST PnP and/or CO MOST Accountability and Resolution Matrix, CO MOST Document 1356_2/22. 3.1.40. “Resident” means a resident of a state for motor vehicle licensing and/or Motorcycle endorsement or licensing purposes. As applied within these rules, the definition of a Colorado resident will be consistent with the definition of resident set forth within §42-1-102 (81), CRS. 3.1.41. “Sexual Harassment and Diversity Training” means annual training and updates thereto provided or approved for use by the CO MOST Program. To maintain CO MOST Program Certification, CO MOST Program Instructors must complete this training. 3.1.42. “Temporary Training Site” means non-permanent locations whereby, with limited exception, no structure is to remain for more than 10 weeks out of a single state fiscal year that houses or stores Motorcycles or other equipment, and at which CO MOST Approved Courses and CO MOST Approved Instructor Training Courses are provided. 3.1.42.1. Temporary Training Sites may be used multiple times over a single State Fiscal Year, but never for more than 10 weeks consecutively without prior permission from the CO MOST Program. 3.1.42.2. All equipment brought to set up at a Temporary Training Site must be removed from the Temporary Training Site, along with any waste generated, upon completion of any Temporary Training Site period. 3.1.43. “Training Site” means a CO MOST Course Approved and CO MOST Program affirmed permanent, non-temporary site for training having at least one (1) CO MOST Approved Range Course and the ability to provide classroom instruction consistent with these rules. 3.1.44. “Underserved Areas of the State” means locations where the CSP determines the access of residents to CO MOST Program Approved training is restricted due to distance or program availability.

4. CSP CO MOST PROGRAM ADMINISTRATION 4.1. In administering the CO MOST Program, the CSP will: 4.1.1. Establish standards and review curriculas for CO MOST Program Course approval; 4.1.2. Manage the MOST Fund for the implementation of the CO MOST Program; 4.1.3. Maintain current records of CO MOST Certified Instructors, confirming compliance with statutory requirements established by §43-5-503, CRS; 4.1.4. Oversee all CO MOST Program Vendor Certifications and agreements with CO MOST Program Vendors providing training services under the CO MOST Program; 4.1.5. Acknowledge and affirm approval of all CO MOST Program Training Sites; 4.1.6. Coordinate and review QARs of CO MOST Program Approved Training Sites, Vendors, and Instructors, assessing compliance with these rules, applicable CO MOST Program Agreement obligations, applicable CO MOST Program Approved Courses, the CO MOST PnP, and applicable state laws; 4.1.7. Publish a current record of CO MOST Program Certified Instructors monthly, consistent with the CO MOST Program Agreement; 4.1.8. Collaborate as may be necessary with the CDOR annually to maintain information on the number of Motorcycle endorsements issued on Colorado Driver’s Licenses; 4.1.9. Establish and maintain a system tracking CO MOST Program performance data, including data on Motorcycle accidents, injuries, and fatalities, among persons having completed CO MOST Program Approved Courses; 4.1.10. Prepare an annual report on the effectiveness of the CO MOST Program, the availability of CO MOST Program Approved Training throughout the state, current training costs, and other relevant performance measures as are determined by the CO MOST Program; 4.1.11. Establish and maintain an evaluation system of staff, CO MOST Program Certified or Approved Vendors, Instructors, and QAR Personnel, operating pursuant to the CO MOST Program for purposes of assessing and improving program performance; and 4.1.12. Ensure that CO MOST Program Approved Courses are conducted safely and consistent with best practices.

5. CO MOST PROGRAM EXPENDITURES 5.1. The CO MOST Program Office will make use of funds as allocated pursuant to §43-5- 504, CRS, to implement the CO MOST Program in compliance with the state fiscal rules. 5.1.1. CO MOST PROGRAM ADMINISTRATIVE EXPENSES. The CO MOST Program Office will spend no more than the amount specified by §43-5-503 (1) (e), CRS, towards administrative costs. Within the statutorily specified amount and with consideration given to MOSAB and other stakeholder communications, the CO MOST Program Office may use available CO MOST Program Funds for reasonable and necessary administrative expenses. 5.1.2. CO MOST PROGRAM CONTRACT EXPENSES. Contract expenses differ from CO MOST Program Administrative expenses and are as defined within these rules. The CO MOST Program Office may use CO MOST Program Funds for reasonable and necessary contract expenses, to include: 5.1.2.1. Expenses incurred to promote the CO MOST Program, including public relations expenses, banners, advertising, and CO MOST Program promotional materials, as ordered through the CSP CO MOST Program; and 5.1.2.2. Those expenses related to CO MOST Program evaluation, meetings involving external stakeholders, interested parties, and partners, and those related to CO MOST Program awareness. 5.2. CO MOST PROGRAM CONTRACT EXPENSES. CO MOST Program Vendor reimbursements include expenses directly related to a contract, agreement, or Purchase Order issued to a CO MOST Program Vendor or third-party for the purchase of goods and/or services, non-administrative CO MOST Program Operation expenses, or approved CO MOST Program-related travel expenses for Mobile Training conducted at Temporary Training Sites within Colorado by CO MOST Vendors. 5.2.1. Agreements between the CO MOST Program and CO MOST Program Certified Vendors or third-parties will be for a period no longer than one (1) state fiscal year, subject to the availability of monies in the Fund. 5.2.2. Where required by the state fiscal rules, agreements between the CO MOST Program and MOST Program Vendors or third-parties will utilize a Purchase Order. 5.2.3. MOST Program Vendors and other third-parties entering into agreements or contracting with the CO MOST Program will submit MOST Vendor information, as applicable, and update tax information annually, as appropriate. 5.2.4. A MOST Vendor reimbursement request arising out of approved CO MOST Program-related travel expenses for Mobile Training, as defined within these rules, must be submitted in writing to the CO MOST Program Office, consistent with these rules and the state fiscal rules. 5.2.4.1. A request for approved CO MOST Program travel or Mobile Training expenses by a MOST Vendor may be calculated pursuant to Colorado fiscal rules, current Colorado-adopted rates for per diem meal costs and daily hotel rates, or actual costs incurred, whichever amount is less. 5.2.4.2. Following review and approval, the CO MOST Program Office will allocate funds for a CO MOST Vendor’s approved program-related travel or Mobile Training Expenses. 5.2.5. Approval or denial of a request for reimbursement will be based upon criteria set forth within these rules and applicable CO MOST Program documents, in addition to the availability of funding to satisfy approved reimbursement requests. 5.2.6. Failure of a CO MOST Vendor to provide documentation adequate to substantiate the reimbursement requested for approved CO MOST Programrelated travel or Mobile Training may result in denial of the request for reimbursement. 5.2.7. If a CO MOST Program Vendor disagrees with the decision of the CO MOST Program Office in response to a request for reimbursement, a CO MOST Program Vendor may: 5.2.7.1. Submit a written request for additional review of the decision of the Chief within two weeks of receiving notification from the CO MOST Program Office. 5.2.7.2. The Chief will issue a decision within two weeks of the date of the receipt of a CO MOST Vendor’s written request to review a reimbursement request decision by the CO MOST Program Office. 5.2.7.3. The decision of the Chief will constitute a final agency action with respect to the reimbursement request at issue and will be subject to judicial review as described within §24-4-106, CRS.

6. CO MOST PROGRAM VENDORS 6.1. CO MOST PROGRAM VENDOR APPLICATION REQUIREMENTS. Persons seeking to participate as MOST Vendors in the CO MOST Program must obtain Vendor Certification from the CO MOST Program prior to offering any CO MOST Program Approved Courses in Colorado. Only active Certified MOST Vendors can represent as a CO MOST Program Vendor and/or school and receive CO MOST Approved Course completion cards to provide to students upon successful course completion. 6.1.1. Vendor Certification will be for a term not exceeding one (1) year and will expire no later than June 30th of the year following the effective date of issue. 6.1.2. Vendor will receive a written response as to the approval of any CO MOST Program Vendor Application submitted within one (1) calendar month of the date of application receipt by the CO MOST Program Coordinator. 6.2. CO MOST PROGRAM VENDOR MAINTENANCE. To maintain as a Certified, active CO MOST Program Vendor, a Vendor must: 6.2.1. Adhere to 8 CCR 1507-56, the CO MOST Program rules and regulations, and operate consistent with and in compliance with the terms of agreements between the state and Certified CO MOST Program Vendors, applicable law, the CO MOST PnP, and applicable provisions of CO MOST Approved Program Courses. 6.2.2. Use Certified CO MOST Program Instructors satisfying CO MOST Instructor requirements set forth within these rules and require CO MOST Instructors to maintain compliance with §43-5-503, CRS, and applicable CO MOST Program Approved Courses. CO MOST Program Vendors must report any known Instructor violation of the aforementioned immediately to the CO MOST Program Office. 6.2.3. Provide and maintain an approved CO MOST Program Training Site or Sites. 6.2.4. Complete attendance of the annual CO MOST Program Vendor Conference consistent with the terms and conditions set forth within the CO MOST Program Agreement. 6.2.5. Cooperate with all QARs arranged through the CO MOST Program Office of any Training Site or Sites. 6.2.6. Comply with remediation actions and other directives as required by the CO MOST Program. 6.2.7. Maintain all required CO MOST Program records, including student records, for a period of at least three (3) years, providing these records for auditing by the CSP or its agents upon request consistent with the CO MOST Program Agreement and other applicable CO MOST Program documents. Each student record must include: 6.2.7.1. A copy of their signed waiver, completed prior to the student beginning the course; 6.2.7.2. The full name of the student, exactly as it appears on the student’s state driver’s license, permit, or identification, and the license, permit or state identification number; 6.2.7.3. The student’s date of birth; 6.2.7.4. The student’s mailing address, county of residence, email address, and phone number; 6.2.7.5. The results of the student’s classroom and Range training, complete with a determination as to whether or not the student successfully completed training; 6.2.7.6. Course starting and ending date(s); 6.2.7.7. Evidence of successful Course completion (certificate, completion card, etc.), bearing the applicable Course number and other information as may be required by these rules; 6.2.7.8. Copies of incident reports involving a student, if any; 6.2.7.9. A CO MOST Program Vendor’s name, email address, mailing address, phone number, and Range location; and 6.2.7.10. The name(s) and the assigned CO MOST Program identification number(s) for any CO MOST Program Instructor(s) responsible for a CO MOST student’s Course of instruction. 6.2.8. The CSP will retain any student records and will not release them to third-parties absent an Open Records Request, contract, agreement, or as required by law, and will subject released records to redaction as appropriate to protect any PII.

Any student records retained by the CSP on behalf of the CO MOST Program may be used to evaluate and analyze the effectiveness of the CO MOST Program. Records will be maintained consistent with applicable state data retention guidelines. 6.3. CO MOST PROGRAM VENDOR TRAINING AND MOTORCYCLE REQUIREMENTS. It is the responsibility of a CO MOST Program Vendor to ensure that all Motorcycles used for CO MOST Courses meet the requirements of these rules, applicable CO MOST Program Approved Courses, and are inspected and approved for use by the CO MOST Program Instructor prior to each training session. 6.3.1. Motorcycles used for instruction must be intended for street use by the manufacturer. 6.3.2. One (1) Motorcycle must be available per each student participating in that Range session of an CO MOST Program Approved Course. 6.3.3. CO MOST Vendor supplied Motorcycles must be maintained and in safe operating condition. 6.3.3.1. This includes any and all repairs and maintenance of all CO MOST Program Vendor Motorcycles provided for use in an CO MOST Program, including required tire replacement. 6.3.4. A CO MOST Program Instructor will immediately notify a CO MOST Program Vendor of any Motorcycle not meeting the requirements of these rules or that is otherwise determined unsafe for use, and reject the Motorcycle for use in an CO MOST Program Approved Course until such time the Motorcycle becomes compliant with the requirements of these rules. 6.3.5. A CO MOST Program Vendor will require a student electing to use his or her own two or three-wheeled Motorcycle, whichever may be applicable, to: 6.3.5.1. Allow the MOST Program Instructor to complete a safety inspection to verify that the Motorcycle provided by the student satisfies applicable safety standards and is intended for street use by the manufacturer; 6.3.5.2. Provide proof of ownership or written permission of the owner of the personal Motorcycle; 6.3.5.3. Provide proof of adequate liability insurance; 6.3.5.4. Sign a waiver of liability for any damage or injury arising out of, from, or caused by operation of the personal two or three-wheeled Motorcycle; and 6.3.5.5. Confirm with the student that the transportation of the personally provided Motorcycle by a student participating in a CO MOST Program Approved Course to and from the Training Site should be consistent with all applicable state laws. 6.3.6. A CO MOST Instructor may exercise professional discretion and deny the use of a personally provided Motorcycle by a student participating in a CO MOST Program Approved Course. 6.3.7. A CO MOST Program Instructor will notify the CO MOST Program Vendor of any two or three-wheeled student-provided Motorcycle that is determined to be unsafe for use by a student attending a CO MOST Program Course.

6.4. CO MOST PROGRAM VENDOR RANGE AND CLASSROOM REQUIREMENTS.

Throughout the duration of a contract or an agreement between a CO MOST Program Vendor and the CO MOST Program, A CO MOST Program Vendor will: 6.4.1. Obtain and maintain legal access to a Training Site classroom and Range consistent with all the requirements of these rules. 6.4.2. Provide a physical or virtual classroom for training purposes, having adequate facilities for the total number of students attending a CO MOST Program Approved Course, including reasonable and legally sufficient accommodations necessary to instruct students having disabilities. 6.4.3. Provide a training Range to be used by an CO MOST Program Vendor for CO MOST Program Approved Course Instruction that meets minimum CO MOST Approved Program and Program Approved Course requirements. A CO MOST Vendor must supply documentation evidencing satisfaction of these requirements, including Range diagram(s), Range photographs, proof of legal access to the Range, and Course providers approval of the Range. 6.4.4. Agree that, with the exception of paving or other improvements, any changes to the dimensions or positioning of the Range or the Range layout will be diagrammed and receive approval from the developer of the applicable Motorcycle curricula and receive written acknowledgment from the CO MOST Program Office prior to any use. 6.4.5. Maintain a CO MOST Program Approved Course Range such that: 6.4.5.1. Range markings are correct and visible during training; 6.4.5.2. The Range is free of potholes and other hazards; and 6.4.5.3. Ensure that the Range is secured from the unsafe conditions and intrusions of any kind that could result in the distraction of a student, with the exceptions of authorized personnel, including CSP personnel and law enforcement. 6.4.6. Complete inspection of the Range prior to each training session to confirm that the Range is free from debris and other hazards that may adversely affect student safety; and 6.4.7. Provide CO MOST Instructors with the authority to postpone or cancel a scheduled class if an Instructor determines that, due to inclement weather, excessive heat, humidity, or other factors, continuing with the class as scheduled could jeopardize the health, safety, and welfare of students. 6.5. CO MOST VENDOR CHOICE OF COURSE. A CO MOST Vendor may, at its discretion, opt to provide any one or all of the CO MOST Program Approved Courses that a CO MOST Vendor has received approval from the Course developer to use, and approval to provide from the CO MOST Program. 6.5.1. In the event a CO MOST Program Approved Course should no longer be approved for instruction in Colorado, a Vendor employing Instructors Certified only in the formerly Approved Course may request CO MOST Program support consistent with statute supporting training of instructors from the CO MOST Program Office. 6.5.1.1. For purposes of these rules, instructors employed by Vendors requesting program support for retraining in another CO MOST Program Approved Course pursuant to the exigent circumstances set forth within 6.5.1. will be treated by the CO MOST Program as if new CO MOST Program Instructor Candidates. The CO MOST Program may waive Instructorspecific individual Instructor training requirements on a case-by-case

basis as may be determined to be appropriate. 6.5.2. In the event a CO MOST Program Approved Vendor elects to switch from a CO MOST Program Approved Course to another CO MOST Program Approved Course absent approval revocation of a CO MOST Approved Program as set forth within section 6.5.1. of these rules, the Vendor is responsible for the transition costs associated therewith, including retraining costs for Instructors in the employ of a Vendor. Moreover, a change in the Approved CO MOST Program Course of instruction provided by a Vendor arising out of the sale of the business of an existing, CO MOST Program Certified Vendor is subject to this same exclusion. 6.5.3. In the event a CO MOST Program Vendor is terminated as a provider of a CO MOST Program Approved Course and subsequently receives Certification to provide another CO MOST Program Approved Course, the CO MOST Vendor is responsible for all costs of program transition, including the retraining of any Instructors in the employ of the Vendor.

7. CO MOST PROGRAM INSTRUCTORS 7.1. CO MOST PROGRAM INSTRUCTOR REQUIREMENTS. A person must first be Certified as a CO MOST Program Instructor by the CO MOST Program prior to instructing any CO MOST Program Approved Courses. Instructor applications must be submitted to the CO MOST Program Office between January 1st and February 28th of each year. CO MOST Program Instructor Certifications issued during this time period are effective for a period of no longer than one (1) year, beginning March 1st of the current application year and expiring February 28th of the next year, with the exception of a leap year. To obtain CO MOST Program Instructor Certification from the CO MOST Program, a person must complete all applications and paperwork as are required by the CO MOST Program and: 7.1.1. Meet the age requirements as set forth within §43-5-503(2), CRS; 7.1.2. Submit proof of successful completion of a CO MOST Program Approved Instructor Training Course; 7.1.2.1. Beginning upon the effective date of these rules, subsequent new CO MOST Program Instructor applications and CO MOST Instructor applications submitted after Certification suspension or revocation from the CO MOST Program must include documentation confirming the successful completion of a CO MOST Program Approved Instructor Training Course with a passing score on the CO MOST Program Approved Course Skills Test, as detailed within the CO MOST Program PnP. The determination of reinstatement of a CO MOST Program Instructor will occur consistent with section 10 of these rules. 7.1.2.2. Upon the effective date of these rules, CO MOST Program Instructor applications submitted to the CO MOST Program Office by applicants having successfully completed a national CO MOST Program Approved Course in Colorado or another state must include documentation specifically indicating the additional completion of a CO MOST Program Approved Course Skills Test with a successful score, as detailed within the CO MOST Program PnP. Where the original Course instruction does not include an CO MOST Program Approved Course Skills Test as part of the Course, the Applicant Candidate will be required to additionally complete a CO MOST Program Approved Course Skills Test with a successful score, as it is detailed within the CO MOST PnP to be eligible to apply for status as a Certified CO MOST Program Instructor. 7.1.2.3. Beginning upon the effective date of these rules, subsequent new CO MOST Program Instructor applications or applications for annual renewal of Instructor Certification submitted to the CO MOST Program must include documentation confirming the successful completion of a CO MOST Approved Instructor Training Course consistent with standards set forth within the CO MOST PnP. 7.1.2.4. Upon the effective date of these rules, subsequent applications for CO MOST Program Instructors submitted to the CO MOST Program by an Applicant Candidate successfully completing a CO MOST Program Approved Training Course in Colorado or another state must include documentation specifically indicating the additional completion of a CO MOST Program Approved Knowledge Test with a successful score as it is defined within the CO MOST Program PnP. 7.1.3. Provide proof that the Applicant Candidate possesses a valid state driver’s license with a Motorcycle endorsement issued by the state of residency. Where an Applicant Candidate possessed or possesses a license issued by another state in the three (3) year period prior to the submission of the application, the Applicant Candidate must also indicate the state of issue for the prior license and the license number. 7.1.4. Colorado residents must submit a completed CDOR Form DR2559, “Permission for Release of Individual Records,” to the CO MOST Program Office that evidences an acceptable driving record as required by §43-5-503, CRS, or a Motor Vehicle Record (MVR), as such document is identified within these rules, for a three (3) year period prior to the application submission date or any portion thereof. An application submitted without a driving record or MVR dated within 30 days of the application submission date will be not found acceptable, determined incomplete, and may be returned for completion at the discretion of the CO MOST Program Coordinator. An Applicant Candidate will be determined ineligible: 7.1.4.1. If, within the three (3) years prior to the date of the CO MOST Instructor application submission, the license issued to the Applicant Candidate by the state of Colorado has been revoked or suspended; 7.1.4.2. If, within three (3) years prior to the date of the CO MOST Instructor application submission, an Applicant Candidate has been convicted for an offense assigned eight (8) or more points in the schedule set forth within §42-2-127 (5), CRS; or 7.1.4.3. If, within the three (3) years prior to the date of the CO MOST Instructor application submission, a driver’s license issued to the Applicant Candidate from any other state has been revoked or suspended. 7.1.5. Non-Colorado residents are required to acquire and include with the CO MOST Instructor application their driver’s license record or MVR from their current or most recent state of residency, dated within 30 days of the application submission. An application will be determined incomplete in the absence of a driver’s license record or MVR and will be returned for completion by the CO MOST Program Manager to the Applicant Candidate. Moreover, a non-Colorado resident Applicant Candidate will be determined ineligible: 7.1.5.1. If, within the three (3) years prior to the date of the application submission, a license issued to the Applicant Candidate by another state has been revoked or suspended; or 7.1.5.2. If, within the three (3) years prior to the date of the application submission, an Applicant Candidate has been convicted for an offense assigned eight (8) or more points or convicted in another state for an offense equivalent to those offenses assigned eight (8) or more points on the schedule set forth within §42-2-127 (5), CRS, or its equivalent schedule in the licensing state. 7.1.6. Non-Colorado residents who are active duty members of the military holding a driver’s license from a state other than Colorado are exempt from the requirements of 7.1.5. Alternatively, members of the military who are not residents of Colorado are required to provide documentation as may be determined to be reasonably necessary by the CO MOST Program Coordinator to confirm validity of a driver’s license and minimally consistent with CO MOST Program Instructor requirements set forth within these rules and the CO MOST Program PnP. 7.2. CO MOST PROGRAM INSTRUCTOR MAINTENANCE. To continue as an CO MOST Program Instructor, an Instructor must: 7.2.1. Maintain compliance with CO MOST Program Instructor requirements, terms, and conditions of applicable CO MOST Program Approved Most Courses, applicable laws, and these rules. 7.2.1.1. Failure to maintain compliance and any resulting ineligibility, suspension, revocation or termination of an Instructor from any CO MOST Approved Program Course will immediately result in the suspension and/or the pending revocation of a CO MOST Program Instructor Certification. 7.2.2. Attend and complete all required CO MOST Program Courses, meetings, and PDWs, or receive waiver therefrom pursuant to the terms and conditions of the CO MOST Program Agreement and consistent with the CO MOST PnP. 7.2.2.1. Failure to attend or complete a required CO MOST Program Course, meeting, or PDWS, without prior approval to be absent therefrom, may result in the limitation, suspension, or revocation of a CO MOST Program Instructor Certification. 7.2.3. Teach a minimum of three (3) CO MOST Program Approved Courses, or the equivalent thereof during a CO MOST Program Instructor annual Certification period as is identified to occur by these rules. 7.2.4. Exhibit professional conduct and expertise when instructing students or when counseling out a student, including: 7.2.4.1. CO MOST Program Instructors must be physically capable of conducting CO MOST Program Approved Courses and maintain positive, safe learning environments. 7.2.4.2. CO MOST Program Instructors must not be impaired by alcohol or drugs when instructing a CO MOST Program Approved Course, including prescription or over-the-counter medications that may impair performance and response ability. 7.2.4.3. CO MOST Program Instructors must not engage in any unapproved use of electronic devices during a CO MOST Program Approved Course. 7.2.4.4. CO MOST Program Instructors must refrain from the use of tobacco products, including chewing tobacco or vaping products, during CO MOST Program Approved Courses; and 7.2.4.5. CO MOST Program Instructors must demonstrate professional discretion and courtesy when counseling out a student where it has been determined that the student should cease participation in a CO MOST Program Approved Course in order to protect the safety of the student and/or the safety of others. 7.2.5. Follow CO MOST Program procedures for reporting incidents and injuries occurring during CO MOST Program Approved Course instruction by: 7.2.5.1. Filing a copy of the incident report provided by the CO MOST Program Approved Course provider with the CO MOST Program Office consistent with the CO MOST PnP, detailing any property damage or personal injury to a student. This report must be filed with the CO MOST Program Office within the time frame indicated in the CO MOST Vendor Agreement and the CO MOST Program PnP, and should include: 7.2.5.1.1. The complete Training Site physical address and mailing address, if different; 7.2.5.1.2. An accurate depiction of the Range layout at the time of the incident; 7.2.5.1.3. Photographs, if available; and 7.2.5.1.4. All information on the student(s) involved in the incident, including any contact information, names and addresses of any witnesses, email addresses, and any incident-related Motorcycle damage. 7.2.5.2. Any updates to the incident report or updates to personal addresses or other contact information must be reported to the CO MOST Program Office within 15 days of any such changes. 7.2.6. Notify the CO MOST Program Office and the CO MOST Vendor(s) for whom an CO MOST Instructor provides training of any event that affects the CO MOST Instructor’s ability to meet the requirements of these rules, best practices, CO MOST Program policies and procedures, applicable CO MOST Program Approved Courses, the CO MOST PnP, and/or compliance with applicable state statutes. 7.3. CO MOST INSTRUCTOR CHOICE OF COURSE. A CO MOST Instructor may, at their discretion, opt to pursue and receive training in any one or all CO MOST Program Approved Courses. 7.3.1. Existing Certified CO MOST Program Instructors in good standing with the CO MOST Program may request CO MOST Program support as a student new to any CO MOST Program Approved Course for which the CO MOST Program Instructor has not already received training or been Certified to instruct by the CO MOST Program. 7.3.2. The award of any CO MOST Program support will be contingent upon CO MOST Program funding availability and, if available, awarded in the order requests for additional CO MOST Approved Course Training are received.

7.4. CO MOST PROGRAM INSTRUCTOR RECERTIFICATION AND CERTIFICATION

RENEWAL 7.4.1. A CO MOST Program instructor failing to maintain an CO MOST Program Instructor Certification as required by these rules, applicable laws, applicable CO MOST Program Approved Courses, and the CO MOST PnP must: 7.4.1.1. Successfully complete a CO MOST Program Approved Instructor Training Course, as set forth by section 7 of these rules; and 7.4.1.2. Apply for recertification by submitting an CO MOST Instructor application to the CO MOST Program Office, consistent with applicable provisions set forth within section 7 of these rules, applicable CO MOST Program Approved Courses, and the CO MOST Program PnP. 7.4.2. CO MOST Program Instructors applying to renew CO MOST Program Instructor Certification annually should do so as directed by the CO MOST Program PnP and these rules unless otherwise determined ineligible to do so. In the event of ineligibility, a CO MOST Program Instructor may pursue Recertification as set forth within these rules. 7.4.2.1. A CO MOST Program Instructor seeking to renew a Certification required by these rules, applicable law, and the CO MOST Program must apply for renewal of an Instructor Certification by submitting a complete Instructor Application to the CO MOST Program Office.

8. CO MOST PROGRAM APPROVED TRAINING 8.1. CO MOST INSTRUCTOR TRAINING COURSE. To deliver or provide CO MOST Program Approved Training Courses, a CO MOST Vendor must first: 8.1.1. Obtain Certification from the CO MOST Program Office; 8.1.2. Agree that all CO MOST Program Approved Courses supported through the CO MOST Program Office (course materials, books, etc.) are offered to all CO MOST Instructors. CO MOST Program Approved Courses also supported through the CO MOST Program must be open to all Colorado residents who are qualified CO MOST Ridercoach/Instructor Candidates, regardless of where or through the CO MOST Program Approved Instructor Training is provided.

Agreement may be recorded through electronic means. 8.1.2.1. Regardless of whether a MOST Instructor Training Course is supported through the CO MOST Program, all applicable CO MOST Program Vendor, Student, and Course reporting requirements must be satisfied. 8.1.3. Provide the following information to the CO MOST Program Office: 8.1.3.1. IN-STATE VS OUT-OF-STATE INSTRUCTOR TRAINERS. A statement confirming that the CO MOST Program Approved Instructor Training Course will be provided by a CO MOST Program Certified Instructor Trainer or an out-of-state Approved Course Instructor Trainer equivalent.

In the event an out-of-state Approved Course Trainer is scheduled to deliver a CO MOST Program Approved Training Course, the out-of-state Instructor Trainer must consent to abide by all applicable CO MOST Program Instructor standards. Consent may be recorded through electronic means. 8.1.3.2. A statement from the CO MOST Program Certified Vendor acknowledging responsibility to first seek and use Certified CO MOST Program Instructors or Instructor Trainers available within Colorado before seeking out and using MOST Program Instructors or Instructor Trainers from outside of Colorado. 8.2. CO MOST COURSE GUIDELINES. All CDOR-recognized Motorcycle license-waiving Training Courses must receive CO MOST Program Certification before they may be offered to students in Colorado. To be eligible for approval in Colorado, Courses submitted to the CO MOST Program must: 8.2.1. Be submitted as part of a written request for review by the CO MOST Program Office and the CDOR. 8.2.1.1. Submitted materials received by the CO MOST Program Office will be subject to a third-party review for purposes of copyright infringement determination prior to being shared with the CDOR. The CO MOST Program will arrange copyright review services for Course applications received. 8.2.1.2. Course application submissions determined to violate copyrights of existing national or state-developed curricula will be rejected with an explanation in writing detailing the infringement determined. Submissions determined to contain material in violation of copyrights attached to existing MOST or CO MOST Program Approved Courses will remain on file with the CO MOST Program, but will not be forwarded to the CDOR. 8.2.2. CO MOST COURSE REQUIREMENTS. A complete copy of the proposed Training Course must be provided to the CO MOST Program Office for evaluation and assessment. To be approved as a CO MOST Program Course, the materials provided as part of the application must demonstrate that the Course meets the CDOR’s requirements to issue a Colorado Driver’s License Motorcycle endorsement and meets the following requirements: 8.2.2.1. The proposed MOST Course content is research-based and provides appropriate instruction content to teach all components of a specific CO MOST Program Approved Motorcycle Training Course; 8.2.2.2. The Course provides adequate instruction and methodologies to teach all components; 8.2.2.3. The Course content imparts knowledge of safe Motorcycle operating practices, and the necessary aptitude for instructing CO MOST students, consistent with §43-5-502, CRS; and 8.2.2.4. The Course addresses the effects of alcohol, drugs, and other operator impairments on the operation of Motorcycles, as is also consistent with §43-5-502, CRS. 8.2.2.5. The course is organized and comprised of applicable content based upon documented research and demonstrated effective in providing safety training. Any basic or novice Motorcycle Rider Course must be consistent with the Model National Standards for Entry-Level Motorcycle Rider Training in effect as of January 2021, hereby incorporated into the rules by reference, excluding any later amendments. 8.2.2.5.1. The Model National Standards for Entry-Level Motorcycle Training are available for copying or public inspection during regular business hours at the CO MOST Program Office. 8.2.2.6. Includes an evaluation of the student’s knowledge and skill as each relates to the safe operation of a Motorcycle. Successful completion by a student requires a passing score of both a written CO MOST Program Approved Course Knowledge Test and a Motorcycle Skills Test evaluation. 8.2.2.7. Requires that all CO MOST Program Approved Course participants and Instructors wear protective gear whenever seated on a Motorcycle during instruction of a Course, including: 8.2.2.7.1. A USDOT-Compliant Motorcycle helmet; 8.2.2.7.2. Eye protection; 8.2.2.7.3. A Long-Sleeved shirt or jacket; 8.2.2.7.4. Full-Fingered gloves; 8.2.2.7.5. Long-legged pants of durable material providing an appropriate level of coverage and protection; and 8.2.2.7.6. Boots or shoes of sturdy construction and design that covers the ankle when sitting upon a Motorcycle. 8.2.2.8. Include evidence and information relating to the training, evaluation, and assessment protocol necessary to ensure the integrity of the instruction provided, instruction of Instructors, and the overall existence and sufficiency of required CO MOST Program Approved Course elements addressed by these rules, the CO MOST PnP, the CO MOST Program Agreement, CO MOST Program Instructor requirements, applicable CO MOST Program Approved Courses, and applicable state laws. Evidence and information provided must specifically address compliance of the Course and its Instructors with all related CO MOST Program Course training requirements and the CO MOST Program Quality Assurance requirements. Additional guidance regarding recommended elements and requirements to be included as part of a CO MOST Course submission to the CO MOST Program Office may be reviewed in the CO MOST Program PnP. Minimally, each CO MOST Course application must: 8.2.2.8.1. Identify how the Course proposed meets CO MOST Program approval requirements, nationally recognized best practices and standards, and define how any two-wheel level I vs. level II and/or three-wheel level I vs. level II are consistent therewith. 8.2.2.8.2. Describe and identify the methodology that will be applied when incorporating changes and updates to Courses, verifying that changes and updates will not operate in opposition to current versions of CO MOST Program Approved Courses. 8.2.2.8.3. Describe and identify measures of accountability and assessment that apply to the measurement, evaluation, and reporting of the effectiveness of current operation and of program amendments and updates. These measures of accountability and assessment must specifically identify consistency and inconsistency with applicable CO MOST Program Approved Course requirements, these rules, and other applicable CO MOST Program requirements. 8.2.2.8.4. Confirm that all appropriate and adequate resources necessary to deliver training and/or materials are available and/or will be acquired and made available to all CO MOST Program Approved Training Sites and Instructors. 8.2.2.8.5. Describe and identify the instruction method(s) proposed and how the method(s) support effective research-based training standards and pedagogy for the safe operation of two or threewheel motorcycles. 8.2.2.8.6. Include written documentation confirming the legal

authority or ownership from the Course owner or provider, granting legal license or other authorization to the Course applicant to use the name, products, likeness, logos, images, videos, etc., of the Course owner or provider. Applicant must also complete a written statement that such authorization or license between the applicant and the Course owner or provider will be maintained in good standing for the term of any contract or agreement applicable thereto. The agreement or contract between the Course provider and the applicant must extend to cover any Course amendments, changes, and updates of a Course submitted to the CO MOST Program for the duration the Course is approved for use in Colorado through the CO MOST Program. The CO MOST Program reserves the right to require updated information regarding authority or license from a Course owner or provider for an CO MOST Program Approved Course. 8.2.2.9. Applicants must agree that, in the event of any legal challenge to the legal use of Course content, written notice will be forwarded to the CO MOST Program Office within five (5) business days. Furthermore, in the event of a legal decision voiding the prior legal use of the CO MOST Program Approved Course or its materials, written notice will be forwarded to the CO MOST Program Office within 48 hours. 8.2.2.10. The CO MOST Program reserves the right to reasonably limit the number of students participating in any CO MOST Program Approved Course, and the right to approve, disapprove, or restrict proposed methods of instruction, consistent with nationally recognized coach-tostudent ratios. 8.2.3. Require and comply with the Instructor-to-Student Ratio standards and best practices set forth in the applicable CO MOST Program Approved Courses. 8.2.4. The CO MOST Program Office will maintain a copy of the complete Course materials for every CO MOST Program Approved Course. Any person may request information about an Approved CO MOST Course or its materials by submitting a request through the CSP Central Records Unit (CRU). 8.2.5. A list of all current CO MOST Program Approved Courses will be maintained by the CO MOST Program Office. 8.2.6. Approval of a MOST Course submitted for CO MOST Program Approval may take up to one (1) calendar year following the submission of a complete Course application. 8.2.7. The CO MOST Program will engage an independent third-party Curricula/Course review body to facilitate and complete the initial Course document review. An initial document review will be completed no sooner than 90 days following the completion of a CO MOST Program copyright review of a Course submission. 8.2.8. Once the initial document review of a Course application submission is complete, the CO MOST Program will deliver written notice to the Course applicant to schedule the completion of an on-site evaluation and audit of the Course seeking CO MOST Program approval. 8.2.8.1. Completion of an on-site evaluation and audit of a proposed Course in its entirety by the CO MOST Program or its agent(s) is required for a Course to receive approval from the CO MOST Program. 8.2.8.2. It is the responsibility of the applicant applying for CO MOST Program approval of a Course to cooperate in good faith with the CO MOST Program and its agent(s) to complete these requirements. Delay of the site evaluation and audit may also delay the CO MOST Program approval of a Course beyond a single calendar year. 8.2.9. Approval or denial of a CO MOST Course application will be issued in writing by the CO MOST Program or its agent(s) no sooner than 90 days after the completion of an on-site evaluation and audit.

9. CO MOST PROGRAM VENDOR AND INSTRUCTOR QARS 9.1. CO MOST PROGRAM QARS. CO MOST Program Vendors and Instructors will be subject to periodic QARs by CO MOST Program Office personnel, or its agents to assess the compliance of Vendors and Instructors with all applicable statutes, CO MOST Program Agreement obligations, policies and procedures, applicable CO MOST Program Approved Courses, the CO MOST PnP, and these rules. All CO MOST Program Certified Vendors and Certified Instructors are required to comply completely in good faith and participate in all QARs as may be required by the CO MOST Program. 9.1.1. QARs will be completed upon each participating CO MOST Program Vendor at least once per year and include the evaluation of all applicable elements of the CO MOST Program as each are discussed within the CO MOST Program PnP. 9.2. The CO MOST Program Office or its agents will forward copies of any QAR reports to a CO MOST Program Vendor or CO MOST Program Instructor upon which a QAR is completed within 10 business days following the completion and receipt of the QAR. If the CO MOST Program is unable to deliver a copy of the completed QAR within 10 business days of its completion, the CO MOST Program will forward a written explanation for the delay and indicate a timeline for delivery. 9.3. QARs are to be completed, documented, and submitted consistent with the CO MOST Program PnP. At a minimum, QARs must formally document, provide explanation of, and clearly indicate any area(s) that a CO MOST Program Vendor or Instructor is not in compliance with applicable statutes, rules, CO MOST Program policies, applicable CO MOST Program Approved Courses, the CO MOST PnP, and/or CO MOST Program Agreement obligations, and provide direction on how to remedy any noncompliance identified. 9.3.1. QARs may also document other areas of concern requiring attention of a CO MOST Program Vendor or Instructor that do not yet warrant formal correction or rise to the level of actual noncompliance with applicable statutes and CO MOST Program Approved Courses, CO MOST Program agreements, CO MOST Program criteria, procedures, and/or policies. 9.4. The CO MOST Program will require a CO MOST Program Vendor or Instructor to remedy any noncompliance with applicable statutes and CO MOST Program Approved Courses, CO MOST Program agreements, CO MOST Program criteria, procedures, and/or policies. 9.4.1. Any action to remedy any noncompliance or areas of concern identified by a QAR will be scheduled as directed by the CO MOST Program Office to first address those items related to statute, these rules, applicable CO MOST Program Approved Courses, applicable CO MOST Agreements, and the CO MOST PnP. Any action taken will occur consistent with these rules and other applicable CO MOST Program Approved criteria, procedures, and policies.

Affected CO MOST Program Vendors or Instructors will take remedial actions at the direction of the CO MOST Program Office. 9.4.2. The CO MOST Program Office may conduct a follow-up QAR to confirm correction and compliance. 9.5. In the event a CO MOST Program Vendor fails to adequately correct noncompliance with applicable CO MOST Program Vendor requirements as directed by the Colorado MOST Program Office, the CO MOST Program Office will take action consistent with the CO MOST Program Accountability and Resolution Matrix. 9.5.1. Consistent with the CO MOST Program Accountability and Resolution Matrix and applicable provisions of Colorado statutes, the CO MOST Program will notify the CDOR in writing regarding the suspension or revocation of a CO MOST Vendor by the CO MOST Program and the effective date(s) thereof. 9.5.2. Any training provided by a suspended CO MOST Program Vendor as of and after the effective date of suspension will be invalid until the CO MOST Program Office determines the noncompliance identified has been corrected and/or is no longer present. The CO MOST Program Office will notify the CDOR in writing of any decision to lift the suspension of or reinstate the valid training status of a CO MOST Program Vendor and the effective date(s) thereof. 9.6. If, in the opinion of the CO MOST Program Office, CSP , or its agent(s), a situation manifests itself during a QAR that poses an immediate threat to the health, safety, or welfare of a student or students, or to personnel on a CO MOST Program Approved Course Range, the CO MOST Program, CSP, or its agent(s) will immediately inform the CO MOST Program Instructor(s) present and direct them to correct the situation. 9.6.1. If a CO MOST Program Instructor or Instructors fail to adequately address the threat identified, the CO MOST Program, CSP, or its agent(s) have the discretion to immediately suspend or terminate the CO MOST Approved Course until the issue is adequately addressed.

10. DENIAL, LIMITATION, SUSPENSION, REVOCATION, AND REINSTATEMENT OF CO MOST

PROGRAM VENDORS OR INSTRUCTORS

10.1. NOTICE OF CO MOST PROGRAM VENDOR OR INSTRUCTOR DENIAL,

LIMITATION, REVOCATION, SUSPENSION OR REINSTATEMENT. A CO MOST

Program Vendor or CO MOST Program Instructor will be notified by the CO MOST Program Office in writing of any denial, limitation, suspension, revocation, or reinstatement action affecting the participation of either in the CO MOST Program, consistent with §24-4-104, CRS. 10.1.1. Consistent with the CO MOST Program Accountability and Resolution Matrix and applicable provisions of Colorado statutes, the CO MOST Program will notify the CDOR in writing regarding the suspension or revocation of a CO MOST Program Instructor by the CO MOST Program and the effective dates thereof. 10.1.2. Any training provided by a CO MOST Program Instructor as of and after the effective date(s) of suspension or revocation will be invalid until the CO MOST Program Office determines the noncompliance identified has been corrected and/or is no longer present. The CO MOST Program Office will notify the CDOR in writing of any decision to lift the suspension or reinstate the valid training status of a CO MOST Program Instructor, and the effective date(s) thereof.

10.2. CO MOST PROGRAM VENDOR DENIAL, LIMITATION, SUSPENSION, AND

REVOCATION. The CO MOST Program Office may deny, limit, suspend, or revoke the CO MOST Program Certification of a CO MOST Program Vendor for any action or omission violating the purposes, scope or effect of applicable state law, these rules, CO MOST Program agreements, CO MOST Program policies, procedures and criteria, the CO MOST PnP and applicable CO MOST Program Approved Courses. Grounds for denial, limitation, suspension, or revocation of a CO MOST Program Vendor may include: 10.2.1. Knowingly presenting or allowing to be presented to the CO MOST Program any false or misleading information relating to CO MOST Program Vendor Certification or CO MOST Program Vendor compliance pursuant to these rules; 10.2.2. Permitting or engaging in any fraud or fraudulent practice concerning an applicant for a Motorcycle license, waiver, or permit; 10.2.3. Knowingly or recklessly disregarding, changing, or failing to comply with any requirements of the rules or other applicable laws and standards relevant to the CO MOST Program, subject to the provisions of §24-5-101, CRS; 10.2.4. Failing to correct known non-compliance identified by a QAR within the response period defined through the CO MOST Program; 10.2.5. Having two (2) QARs identifying consistent, repetitive, and/or different infractions of similar severity rising to a level of non-compliance within a six (6) month period; 10.2.6. Obtaining CO MOST Program Vendor Certification based upon false or incorrect information or mistake; 10.2.7. Engaging in a pattern or a continuing course of misconduct of harassing, discriminatory, or offensive behavior with a CO MOST Program student, other CO MOST Program Vendor(s), CO MOST OR MOST Program Instructors, the CO MOST Program Office, CSP, or its agents; or 10.2.8. The violation of any applicable provision of the CO MOST Program PnP. 10.2.9. Any CO MOST Program Vendor may be summarily suspended, pursuant to §24- 4-104 (4), CRS.

10.3. CO MOST PROGRAM INSTRUCTOR DENIAL, LIMITATION, SUSPENSION, AND

REVOCATION. The CO MOST Program may deny, limit, suspend, or revoke a CO MOST Program Instructor for any action or omission violating the purposes, scope, or effect of applicable state law, these rules, CO MOST Program agreements, CO MOST Program policies, programs and criteria, the CO MOST PnP, and/or applicable CO MOST Program Approved Courses. Grounds for denial, limitation, suspension, or revocation may include: 10.3.1. Offenses pursuant to §43-5-503 (3), CRS; 10.3.2. Knowingly presenting or allowing to be presented to the CO MOST Program Office any false or misleading information related to a CO MOST Program Instructor requirement or compliance pursuant to these rules; 10.3.3. Permitting or engaging in any fraud or fraudulent practice concerning an application for a Motorcycle license, waiver, or permit; 10.3.4. Knowingly or recklessly disregarding, changing, or failing to comply with any requirements of these rules or other applicable laws or standards relevant to the CO MOST Program, subject to the provisions of §24-5-101, CRS; 10.3.5. Failing to correct known non-compliance identified by a QAR within the response period through the CO MOST Program; 10.3.6. Having two (2) QARs identifying consistent, repetitive, and/or different infractions of similar severity rising to a level of noncompliance within a six (6) month period; 10.3.7. Obtaining a CO MOST Program Instructor Certification based upon false or incorrect information or mistake; 10.3.8. Engaging in a pattern or a continuing course of conduct of harassing, discriminatory or offensive behavior with a CO MOST Program student, CO MOST Program Vendor(s), other CO MOST and MOST Program Instructors, the CO MOST Program Office, CSP, or its agents; 10.3.9. Being impaired by alcohol and/or drugs while instructing or being present on a Training Site or Temporary Training Site while actively delivering or performing as an Instructor of a CO MOST Approved Course; 10.3.10. Failing to attend the required minimum of one (1) CO MOST Program Approved PDW per year and/or any other required CO MOST Program annual meeting, conference, or CO MOST Program Approved Training, consistent with the terms and conditions set forth within the CO MOST PnP; 10.3.11. Failing to teach three (3) complete CO MOST Program Approved Courses, or the equivalent thereof within the annual CO MOST Program Instructor Certification period consistent with these rules; and 10.3.12. The violation of any applicable provision or requirements set forth within the CO MOST Program PnP. 10.3.13. Any CO MOST Program Instructor may be summarily suspended, pursuant to §24-4-104 (4), CRS.

10.4. CO MOST PROGRAM REINSTATEMENT OF CO MOST VENDORS OR

INSTRUCTORS. Upon determination by the Chief, the CO MOST Program Office may reinstate a CO MOST Program Vendor or Instructor that has been limited, suspended, or revoked. 10.4.1. The Chief will be responsible for determining when it is appropriate to reinstate a CO MOST Program Vendor or CO MOST Program Instructor. 10.4.2. Reinstated CO MOST Program Vendors or CO MOST Program Instructors will be notified in writing, delivered to the last known mailing address(es) for a Vendor or Instructor. If available, notice of reinstatement will also be emailed to the last known email address for a CO MOST Vendor or Instructor provided to the CO MOST Program Office. 10.5. REINSTATEMENT OF A CO MOST PROGRAM VENDOR. In determining whether it is appropriate to reinstate a CO MOST Program Vendor, the Chief may consider: 10.5.1. All relevant circumstances, including the performance and completion of any remedial actions directed by the CO MOST Program Office consistent with the CO MOST Program Accountability and Resolution Matrix; and 10.5.2. The CO MOST Program Vendor’s compliance with all applicable requirements set forth within these rules, relevant statutes, CO MOST Program agreements, applicable CO MOST Program Approved Courses, and the CO MOST PnP. 10.6. REINSTATEMENT OF A CO MOST PROGRAM INSTRUCTOR. In determining whether it is appropriate to reinstate a CO MOST Program Instructor, the Chief may consider: 10.6.1. All relevant circumstances, including the performance and completion of any remedial actions by the Instructor directed by the CO MOST Program Office consistent with the CO MOST Program Accountability and Resolution Matrix; 10.6.2. Attendance and successful completion of a CO MOST Program Approved Instructor Training Course or, at minimum, the successful completion of remedial training as directed by the CO MOST Program Office, consistent with the CO MOST Program Colorado-specific Instructor Course requirements detailed within

section 7 of these rules; and 10.6.3. The current compliance of a CO MOST Instructor with all reasonably applicable CO MOST Program Instructor requirements.

11. APPEAL OF CO MOST PROGRAM VENDOR OR INSTRUCTOR DENIAL, LIMITATION,

SUSPENSION, OR REVOCATION 11.1. Any denial, limitation, suspension, or revocation affecting a CO MOST Program Vendor or CO MOST Program Instructor pursuant to these rules is subject to the applicable hearing provisions of §24-4-105, CRS.

12. PUBLICATIONS AND STANDARDS INCORPORATED BY REFERENCE 12.1. All publications, standards, guidelines, and rules adopted and incorporated by reference in these rules are on file and available for public request and inspection by contacting the CSP Central Records Unit (CRU) or the CO MOST Program Coordinator at 15055 S.

Golden Road, Golden, CO., 80401-3990. 12.1.1. These rules do not include later amendments or editions of any publications, standards, guidelines, or rules incorporated by reference by these rules other than approved changes in CO MOST Program Approved Courses. 12.1.2. All publications, standards, guidelines, and rules adopted and incorporated by reference in these rules will be provided to and made available for examination at any state publications depository library as required by §24-4-103 (12.5), CRS.

The following publications and standards referenced herein are adopted and promulgated as rules and regulations for the CO MOST Program consistent with §24-4-103 (12.5), CRS. 12.1.2.1. NHTSA’s Model Standards for Entry-Level Motorcycle Training, HTTPS://WWW.NHTSA.GOV/SITES/NHTSA.GOV/FILES/DOCUMENTS /15140-MC_CURRICULA_REVIEW_011521_V2-TAG.PDF. 12.1.2.2. NHTSA Model National Administrative Standards for State Motorcycle Rider Training, (Report No. DOT HS 812071), Washington, DC: Author. This document is also available for download online at:

HTTP://WWW.SMSA.ORG/DOCUMENTS/NHTSA%20ADMINISTRATIV

E%20STANDARDS%20FOR%20ENTRY-

LEVEL%20RIDER%20TRAINING.PDF. 12.1.2.3. CO MOST PnP, Golden, Colorado: CSP CO MOST Program.

(CO MOST Document 1302_3/22). This document is available online at: 12.1.2.4. CO MOST Program Accountability and Resolution Matrix, Golden, Colorado: CSP CO MOST Program. (CO MOST Document 1356_2/22 ). This document is available online at: 12.1.2.5. CO MOST Program Agreement (with terms and conditions), Golden, Colorado: CSP CO MOST Program. (CO MOST Document 1320_6/22). This document is available online at: 12.1.2.6. CO MOST Program Instructor Candidate Application (with terms and conditions), Golden, Colorado: CSP CO MOST Program. This document is available online at: HTTPS://WWW.COMOST.COM. 12.1.2.7. CO MOST Program Instructor Application (new and renewal, with terms and conditions), Golden, Colorado: CSP MOST Program. This document is available online at: HTTPS://WWW.COMOST.COM. 12.2. The CO MOST Program maintains copies of the complete texts of each of the aforementioned adopted standards and these texts are available for public inspection during regular business hours. Interested parties may inspect the referenced incorporated materials and/or obtain copies of the adopted standards for a reasonable fee by contacting the CSP CRU, 700 Kipling St., Lakewood, CO., 80215. Copies of the adopted standards are also available from the organization of original issue: 12.2.1. National Highway Traffic Safety Administration, (NHTSA), 1200 New Jersey Ave., SE, Washington, DC 20590. 12.2.2. CSP CO MOST Program Office, 15055 S. Golden Road, Golden, CO. 80401- 3990. 12.3. These rules are available to the public and may be downloaded from the Colorado Secretary of State through the CDPS Rulemaking Information Website at HTTPS://PUBLICSAFETY.COLORADO.GOV/GET-INVOLVED/RULES-AND- REGULATIONS.

13. SEVERABILITY 13.1. If any provision of these rules or the applicability thereof to any person or circumstance is determined to be unlawful or invalid, the remaining provisions of these rules will not be affected absent a specific reference thereto. _________________________________________________________________________ Editor’s Notes

History New rule eff. 09/30/2018.

Entire rule eff. 02/14/2022.

Rules 3.1.35, 3.1.36, 3.1.39, 12.1.1, 12.1.2.1-12.1.2.5, 12.3 eff. 12/30/2022.

8 CCR 1507-58 Rules and Regulations Concerning the Colorado State Patrol Third-Party Commercial Vehicle Vin Verification Program {#sec-8-ccr-1507-58 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-58}

Department of Public Safety Colorado State P atrol RULES AND REGULATIONS CONCERNING THE COLORADO STATE PATROL THIRD-PARTY COMMERCIAL VEHICLE VIN VERIFICATION PROGRAM 8 CCR 1507-58 [Editor’s Notes follow the text of the rules at the end of this CCR Document.]

TVIN 1: Authority to Adopt Rules

Section 42-1-232 (7), CRS, authorizes the Chief of the Colorado State Patrol to promulgate the rules reasonably necessary to implement the Third-Party Commercial Vehicle VIN Verification Inspection Program, as it is described in Section 42-1-232 (2), CRS.

TVIN 2: Applicability These rules and regulations apply to all individuals, corporations, other legal entities, or Colorado government or governmental subdivisions or agencies engaged in the verification of commercial vehicle information who operate as Transportation Associations, Transportation Organizations, or Third-Party Civilian Verifiers, as each is defined within these rules.

TVIN 3: Definitions The following definitions apply throughout these rules unless otherwise specified: 3.1. CBI: Colorado Bureau of Investigation. 3.2. CDPS: Colorado Department of Public Safety. 3.3. Chief: Means the Chief of the Colorado State Patrol or his or her designees. 3.4. Civilian Verifier (CV): An individual employed or contracted by a permitted Transportation Association or Transportation Organization to verify commercial vehicle information, including VINs. 3.5. Civilian Verifier Permit (CVP): A permit issued by the Chief for a CV to a Transportation Association or Transportation Organization that holds a valid Third-Party VIN Verification Inspection Permit. Transportation Associations or Transportation Organizations can be issued multiple CVPs. 3.6. Civilian VIN Training: A class provided by the Colorado State Patrol to train individuals on how to perform and document VIN verifications. Certificates are issued upon successful completion of the course. 3.7. Commercial Vehicle: The definition of a commercial vehicle will be consistent with Section 42-4-235 (1) (A), CRS. 3.8. Criminal History Search: A service that has online access and is provided through CBI. The service offers an individual’s Colorado criminal history upon request. 3.9 CSP: Colorado State Patrol. 3.10. CVSA Certified Enforcement Official: A CSP Enforcement Official certified by the Federal Motor Carrier Safety Administration (FMCSA) according to 49 CFR 385, subpart C, and authorized by Section 42-4-235 (2) (C), CRS, to complete compliance reviews and/or safety audits. 3.11. Enforcement Official: The definition of Enforcement Official will be the same as defined in Sections 16-2.5-101, 16-2.5-115, 16-2.5-143, and 42-20-103 (2), CRS. 3.12. Permit Program Compliance Review (PPCR): An examination of records and/or the inquiry of Third-Party VIN Verification Program participants by a CVSA-certified Enforcement Official as defined in these rules. Examination of any documents or inquiries of Third-Party VIN Verification Program participants will be limited to those records and activities reasonably related to the completion of Third-Party VIN Verification Inspections. 3.13. Regular Business Hours: For purposes of these rules, regular business hours are defined as between 8:30 am and 5:00 pm Monday through Friday, excluding legal holidays or as is otherwise consistent with the hours of operation required of state offices by Colorado law. 3.14. Third-Party VIN Verification Inspection Permit (TVIP): A permit issued by the Chief to a Transportation Association or a Transportation Organization to employ or contract Civilian Verifiers approved by the CSP to verify commercial vehicle information, including VINs. This permit allows the Transportation Association or Transportation Organization to set a fee for the service of commercial vehicle VIN verification not exceeding that set forth in Section 42-1-232 (5), CRS. 3.15. Transportation Association/Transportation Organization (TA/TO): A legal business entity and membership organization registered and in good standing with the Colorado Secretary of State, operating within the state of Colorado, and focused on transportation issues, transportation regulations, and highway safety.

Membership of the TA/TO must consist of legal entities or individuals who are primarily engaged in the operation of commercial vehicles in Colorado. 3.16. TVVP: Third-Party VIN Verification Program. 3.17. Vehicle Identification Number (VIN): Any identifying number, serial number, engine number, or other identifying number or mark upon a vehicle as is set forth by Section 42-5-101 (11), CRS.

TVIN 4: Eligibility and Application Requirements 4.1. TA/TO Eligibility for TVIP: To be eligible to receive a TVIP, TA/TOs must meet minimum requirements. 4.1.1. Definition. An applicant for a TVIP must meet the definition of a TA/TO under these rules. 4.1.2. Financial Responsibility. TVIP applicants must furnish evidence of a savings account or deposit in a certificate of deposit meeting the requirements of Section 11-35-101, CRS, or a surety bond of at least $10,000.00. The surety bond must hold harmless to any person who suffers loss or damage arising from the issuance of a Certificate of Title, including a VIN verification completed through a TA/TO having a valid TVIP. 4.1.3. Use of CVs. TVIP applicants must either employ or contract with or intend to employ or contract with CVs: 4.1.3.1. Who can demonstrate or successfully acquire knowledge of the process and standards applicable to vehicle information verification, including the VIN verification process. 4.1.3.2. Who has not been convicted of violating Article 4, Title 18, CRS, within 10 years before the submission date of a TVIP application. 4.1.3.3. For which a TA/TO can provide information, including the name, background, experience, operation location, contact information, and any other information required by the Chief. 4.1.3.4. Who has received a CVP from the Chief verifying their status as a CV and authority to verify commercial vehicle information, including VINs. 4.1.4. Application. TVIP applicants must complete the application as provided by the CSP. Incomplete applications will be returned with instructions to complete the application before resubmission. 4.2. CV Eligibility for CVP: To be eligible to apply for and receive a CVP for a CV, a TA/TO submitting a CVP application must meet minimum requirements. 4.2.1. Valid TVIP. The TA/TO named in and submitting the CVP for a CV must have a valid TVIP. 4.2.2. Complete Application. A CVP application must be completed using the forms available from CSP. A CVP application must include the name, background experience, operation location, contact information, and any other information that may be required by the Chief. Incomplete applications will be returned to the submitting TA/TO. 4.2.3. CV Declaration. The CV that a TA/TO submits for a CVP application must include a signed declaration stating that he or she has not been convicted of violations of Article 4, Title 18, CRS, within the 10 years before the CVP application submission. An original copy of the signed declaration must be included with the CVP application. 4.2.4. CV Training Completion. The CV identified in the CVP application must successfully complete the CSP Civilian VIN Training prior to the Chief issuing a CVP for the CVP to the TA/TO. 4.2.4.1. In the event a TA/TO submits a CVP application for a CVP before a CV successfully completes the CSP Civilian VIN Training, an otherwise approved CVP application will remain in a “Pending Course Completion” status. The TA/TO must provide information confirming that the CV named in the CVP application has signed up to attend CSP Civilian VIN Training, and the date of the training must be included with the application. 4.2.4.2. Upon confirmation that a CV identified in a CVP has successfully completed the CSP Civilian VIN Training, the CVP will be issued for the CV to the TA/TO. 4.2.4.3. Upon confirmation that a CV identified in a pending CVP has failed to complete the CSP Civilian VIN Training successfully, the CVP application will be denied. Written notice of the denial will be sent to the TA/TO. 4.3. CV Required: A TA/TO will not allow or promote that a CV verify commercial vehicle information before successful completion of the CSP Civilian VIN Training by the CV, nor will a TA/TO allow or encourage a CV to verify commercial vehicle information on behalf of the TA/TO before a CVP is issued to the TA/TO for the CV.

TVIN 5: Authority to Regulate and Inspect 5.1. Authority to Develop and Regulate: Section 42-1-232 (7), CRS, gives the Chief the authority to promulgate rules reasonably necessary to implement the TVVP as it is outlined in Section 42-1-232 (2), CRS. This authority extends to and includes: 5.1.1. Applications and Eligibility. The Chief has the authority to establish necessary and reasonable application procedures, develop the required forms, make additional requests for information, and set applicant eligibility requirements for TA/TOs and CVs. 5.1.2. Program Review. The Chief has the authority to establish procedures necessary to measure and enforce compliance among TVVP participants.

This includes the ability of the CSP to review and inquire into the performance of CVs and TA/TOs participating in the TVVP, as is consistent with these rules. 5.1.3. Permit Status and Appeal. The Chief has the authority to deny, apply conditions to, cancel, or summarily suspend the use of permits pending a cancellation hearing, consistent with these rules. The Chief also has the

authority to set the appeal rights of TVVP applicants and participants. 5.1.4. Delegation of Authority. Delegation of any authority held by the Chief relevant to the TVVP will occur consistently with applicable CDPS and CSP policies and directives. 5.2. Authority to Inspect: CSP has exclusive enforcement authority to perform PPCRs and the sole authority to inspect all records relevant to activities regulated by these rules. Records relevant to the performance of a TA/TO or a CV performing VIN verifications pursuant to Section 42-1-232, CRS, and these rules include: 5.2.1. Completed Verifications. Copies of all commercial vehicle VIN verifications completed by CVs employed by or contracted to a TA/TO. 5.2.2. Relevant Activity Documentation. Copies of all documentation and records relevant to the vehicle verification activities of TA/TOs and the CVs employed or contracted thereto. 5.2.2.1. “Relevant Records” include information on current or past CVs employed by or contracted to a TA/TO during the period a TA/TO possesses a valid TVIP. 5.2.2.2. “Relevant Records” do not include any records related to the compensation or benefits that are or were received by a CV from a TA/TO. 5.3. Authority to Complete PPCRs: CSP has the exclusive authority to conduct PPCRs. CSP Enforcement Officials who are certified under 49 CFR 385, Subpart C, to perform compliance reviews and safety audits on motor carriers operating commercial vehicles within the state of Colorado will also have the authority to complete any PPCRs on TA/TOs and CVs participating in the TVVP according to these rules. 5.3.1. Agreement to Submit to Permit Review. All TVIPs and CVPs issued to TA/TOs and for CVs are subject to permit reviews assessing program compliance. Acceptance of any permit issued through the TVVP, and participation therein, constitutes an agreement to submit to permit reviews consistent with these rules. 5.3.2. Initial Permit Review. All TVIPs and CVPs will be subject to at least one permit review by the CSP within 18 months of the date the Chief approves the initial permit issued for any TA/TO or CV. 5.3.3. Routine Permit Reviews. Except for the initial permit review outlined in

Section 5.3.2 of these rules, all TVIPs and CVPs may be subject to at least one permit review every 36 months. At the discretion of the Chief, this review may occur concurrently with the review of a permit for renewal. 5.3.4. Additional Permit Reviews. TVIPs or CVPs issued to TA/TOs and for CVs may be subject to reviews beyond those required by Sections 5.3.2 and 5.3.3 of these rules, where and when it is determined that additional review of permit use is necessary or appropriate. Further reviews may be determined appropriate or necessary if: 5.3.4.1. The CSP receives complaints about a TA/TO or a CV that raise concerns about the compliance of either with applicable statutes and/or these rules. 5.3.4.2. It is determined that a review of records relevant to an appeal challenging the summary suspension or cancellation of a TVIP or CVP is necessary to facilitate a final agency decision consistent with Sections 6.9 and 7.10 of these rules.

TVIN 6: TVIP Approval, Conditions, Denial, Summary Suspension, Cancellation, and Appeal 6.1. Written Approval: Approval of all TVIP applications will be in writing. Approved TVIP applications will include a copy of the TVIP issued to the TA/TO, signed by the Chief. 6.2. TVIP Conditions: TVIPs are issued pursuant to compliance with applicable conditions. Conditions applicable to all TVIPs are: 6.2.1. Active Period. TVIPs will be valid for a period not to exceed 36 months.

At the end of 36 months, a TA/TO must renew the TVIP by completing a new TVIP application. 6.2.2. Appropriate Use. TVIPs must be used in a manner consistent with applicable statutes and these rules. 6.2.3. Permit Review. TA/TOs holding TVIPs must submit to review at least once every 36 months. The results of a permit review must find that a TA/TO complies with all terms, conditions, statutes, and rules applicable to the use of the TVIP and any CVPs issued thereto. 6.2.4. Additional Reviews. Satisfactory completion of any review conducted by a CSP CVSA certified Enforcement Official consistent with these rules, as may be applicable. 6.2.5. Additional Conditions. The Chief reserves the right to attach specific, additional conditions to any TVIP where the Chief determines it is necessary and in the public safety’s best interests. 6.3. TVIP Availability: A TVIP must be available for inspection upon demand by the CSP at the office of the TA/TO during regular business hours. 6.4. Non-Transferable: A TVIP is not transferable. 6.5. Affect Lawful Authority: Issuance and the subsequent use of a TVIP by a TA/TO does not: 6.5.1. Affect the right of any lawful authority to check for valid state-issued ID and/or operating credentials a TA/TO may issue to a CV. 6.5.2. Affect the right of any lawful authority to confirm with the Chief that a TA/TO has a valid TVIP or CVP(s) for its CV(s). 6.6. TVIP Application Denial: Denial of a TVIP application will be in writing. The Chief may deny a TVIP when: 6.6.1. Incomplete. A TVIP application is incomplete if any required fields are blank or if any required documentation is not included. 6.6.2. Ineligible Applicant. An applicant submitting a TVIP application does not meet the definition of a TA/TO as set forth within these rules. 6.6.3. Financial Responsibility. If the Chief is unable to verify that a TA/TO has a savings account or a certificate of deposit meeting the requirements of

Section 11-35-101, CRS, or a surety bond, each satisfying the monetary amounts established by Section 42-1-232 (3) (C), CRS, and these rules. 6.6.4. Misrepresentation. A TVIP application is determined to contain or assert one or more misrepresentations. 6.6.5. Recordkeeping. A TA/TO does not agree to maintain and provide records upon request as required by these rules. 6.6.6. No or Invalid Permit(s). It is determined that a TA/TO previously employed/contracted or currently employs/contracts a CV in the absence of a valid TVIP or CVP. 6.6.7. Article 4, Title 18, CRS. It is determined that a TA/TO previously employed/contracted or currently employs/contracts a CV convicted of offenses of Article 4, Title 18, CRS, in the 10-years before submission of the TVIP application. 6.6.8. Incompetent. It is determined that a TA/TO is or has been found incompetent by the Chief for failing to adequately verify commercial vehicle information, including VINs, as a vehicle-related entity. 6.6.9. Misuse. It is determined that a TA/TO previously misused a TVIP or the

authority provided thereby or has otherwise operated in a manner inconsistent with or in violation of applicable statutes or these rules. 6.6.10. Appeal. A TA/TO may appeal the denial of a TVIP in a manner consistent with Section 6.9 of these rules. 6.7. Summary Suspension: A TVIP may be summarily suspended for up to 60 days, pending a TVIP cancellation hearing. Summary suspension of a TVIP may occur when the Chief determines that irreparable harm may occur if a TA/TO continues to use their TVIP to complete third-party verifications of commercial vehicle information, including VINs, as a vehicle-related entity. 6.7.1. Notice. Notice of the summary suspension of a TVIP will be provided in writing and consistent with Section 24-4-104, CRS. 6.7.2. Appeal. A TA/TO may appeal a summary suspension in writing in a manner consistent with the appeal of a TVIP cancellation set forth within

Section 6.9 of these rules. 6.7.3. Final Decision. After 60 days and an opportunity to appeal the decision to the Chief, the decision to summarily suspend a TVIP pending a cancellation hearing will become final. 6.8. Cancellation: The Chief may cancel a TVIP when: 6.8.1. Ineligible. A TVIP holder no longer satisfies the definition of a TA/TO as set forth in these rules. 6.8.2. Compliance. A TA/TO fails to operate consistently with Section 42-1-232, CRS, and these rules. 6.8.3. Misrepresentation. It is discovered that a TA/TO asserted or supported a misrepresentation in a TVIP or CVP application. 6.8.4. Recordkeeping. A TA/TO is discovered or determined to have failed to maintain or produce in response to a request from the CSP copies of all relevant documentation related to participation in the TVVP, including: 6.8.4.1. Copies of all commercial vehicle verifications completed. 6.8.4.2. Copies of all receipts or invoices issued for completed commercial vehicle VIN verifications. 6.8.4.3. Copies of all related documents for CVs currently or previously employed/contracted by a TA/TO during an active TVIP period, plus 6 months. 6.8.5. Notice of Separation. A TA/TO fails to provide sufficient written notice to the Chief of the separation of employment or termination of contract with a CV for which a CVP has been issued to the TA/TO. To be sufficient, written notice must be provided within 7 days of the date of separation or termination. 6.8.5.1. Alleged or Actual CVP Misconduct. When separation of employment or contractual termination between a TA/TO and a CV involves actual or alleged misconduct directly related to the performance of commercial vehicle VIN verification inspections, the TA/TO must include, as part of the written notice of separation, a detailed statement. The statement must identify the misconduct alleged. Failure to include this information will result in the written notice being determined insufficient by the Chief. 6.8.6. TVIP Cancellation. Cancellation of a TVIP held by a TA/TO will result in the subsequent cancellation of all CVPs held by the same TA/TO. 6.9. Right to Appeal- TVIPs: Within 60 days of receiving written notice from the Chief denying, summarily suspending, or canceling a TVIP, a TA/TO may request a hearing. 6.9.1. Appeal Request. A request for a hearing on a denied TVIP application, or a cancelled or summarily suspended TVIP, must: 6.9.1.1. Be in writing, addressed to the Chief. 6.9.1.2. Explain the error asserted to have occurred, resulting in the incorrect denial, cancellation, or summary suspension of a TVIP application or permit. 6.9.2. Appeal Hearing. The Chief will hold the hearing. 6.9.2.1. The scope of the hearing will be limited to whether a TA/TO is eligible to hold a TVIP. 6.9.2.2. Where the appeal involves the cancellation of an existing TVIP, the scope of the hearing will include a discussion of a TA/TO’s compliance with applicable statutes and these rules. 6.9.3. Appeal Decision. The Chief will issue a written decision within 20 business days of the completed hearing. 6.9.3.1. If the Chief finds evidence of noncompliance or ineligibility sufficient to sustain the denial, summary suspension, or cancellation of a TVIP, the prior decision to deny, summarily suspend, or cancel a TVIP will be sustained. 6.9.3.2. If the Chief finds evidence of noncompliance or ineligibility insufficient to sustain the denial, summary suspension, or cancellation of a TVIP, the prior decision to deny, summarily suspend, or cancel a TVIP will be reversed, and the application approved or the prior permit reinstated. 6.9.3.3. The decision of the Chief in either case will constitute a final agency action subject to judicial review as set forth by Section 24- 4- 106, CRS.

TVIN 7: CVP Approval, Conditions, Denial, Summary Suspension, Cancellation, and Appeal 7.1. Written Approval: Approval of all CVP applications will be in writing from the Chief. All approved CVP applications will include a copy of the CVP issued for the CV, to the TA/TO, and will be signed by the Chief. 7.2. CVP Conditions: All CVPs are issued pursuant to compliance with applicable conditions. Conditions applicable to all CVPs are: 7.2.1. Active Conditions. CVPs will be issued for a period not to exceed 36 months, at which time the TA/TO must complete a CVP application to renew the permit. 7.2.1.1. Effect of Separation. A CVP issued for a CV to a TA/TO will immediately become invalid upon the separation of employment or the termination of a contract between a CV and a TA/TO. 7.2.2. Compliance. A TA/TO must comply with the CVP requirements established by Section 42-1-232 (2) – (4), CRS. A TA/TO and a CV must use a CVP consistent with these rules. 7.2.3. Training. An individual for whom a CVP is issued to a TA/TO must successfully complete the CSP Civilian VIN Training Course. 7.2.4. Article 4, Title 18, CRS. Absence of any convictions against the CV identified in a CVP for violations of Article 4, Title 18, CRS, within the 10 years before the submission of the CVP application. Similarly, the CV cannot be convicted of violations of Article 4, Title 18, CRS, during the active period during which the CVP is issued. 7.3. CVP Availability: A CVP must be available for inspection by CSP at the office of the TA/TO during regular business hours. 7.4. Non-Transferrable: A CVP is not transferable. 7.5. Effect on Lawful Authority: The issuance and subsequent use of a CVP does not: 7.5.1. Affect the right of any lawful authority to check for valid state-issued ID and/or operating credentials that a TA/TO may issue to a CV. 7.5.2. Affect the right of any lawful authority to confirm with the Chief that a CV is operating pursuant to a valid CVP. 7.6. CVP Specific to TA/TO: A CVP is valid only when used by a CV operating on behalf of the TA/TO to whom the CVP is issued. 7.6.1. The Chief may approve CVP applications submitted by more than one TA/TO for a single CV. 7.6.2. If a CV is employed by or contracted with more than one TA/TO, each TA/TO must complete a separate CVP application for the CV. 7.6.3. Prior approval of a CVP application for a CV employed by or contracted with a TA/TO does not guarantee approval of a subsequent CVP application from another TA/TO for the same CV. 7.7. CVP Denial: The Chief may deny a CVP application in writing when: 7.7.1. No TVIP. The TA/TO submitting the CVP application does not have a valid TVIP. 7.7.2. Ineligible Applicant. The TA/TO submitting the CVP application fails to meet the definition of a TA/TO as defined in these rules. 7.7.3. Incomplete. The CVP application or the required documentation to support the application is determined to be incomplete. 7.7.4. No Affiliation With TA/TO. The CV identified in the CVP application is not employed by or contracted with the TA/TO identified within and submitting the application. 7.7.5. Training. The CV identified in the CVP application fails to complete the CSP Civilian VIN Training Course successfully. 7.7.6. Article 4, Title 18, CRS. The CV identified in a CVP application is determined to have been convicted of violations of Article 4, Title 18, CRS, within 10 years before the date of the CVP application submission. 7.7.7. Written Declaration. The CV identified in the CVP application fails to complete a written declaration confirming that he or she has not been convicted of a violation of Article 4, Title 18, CRS, in the 10 years before the date of the CVP application submission. An original copy of the signed declaration must be included with the application submission. 7.7.8. Misrepresentation. The CVP application is determined to contain or assert misrepresentations. 7.7.9. Incompetence. The TA/TO submitting the CVP application or the CV for which the CVP is being submitted is or has been previously determined to be incompetent because of failing to adequately verify commercial vehicle information, including VINs, as a vehicle-related entity. 7.7.10. Misuse. It is determined that the TA/TO submitting the CVP or the CV for which the CVP is being submitted has been previously determined to have misused the TVIP or CVP or otherwise is found to have operated in an inconsistent manner, or in violation of applicable statutes or rules. 7.8. CVP Summary Suspension: A CVP may be summarily suspended for up to 60 days, pending a cancellation hearing. Summary suspension of a CVP may occur where it is determined that irreparable harm will occur if either the TA/TO or the CV for which the CVP is issued continues to verify commercial vehicle information, including VINs. 7.8.1. Notice. Notice of summary suspension of a CVP will occur in writing and will be addressed to the TA/TO and the CV, consistent with Section 24-4- 104, CRS. 7.8.2. Appeal. Either the TA/TO or the CV may appeal the summary suspension of a CVP in writing, in a manner consistent with the appeal of a cancellation of a CVP by either a TA/TO or a CV as outlined in 7.10 of these rules. 7.8.3. Final Decision. After 60 days, and an opportunity to appeal a summary suspension in writing to the Chief, the decision to summarily suspend a CVP pending a cancellation hearing will become final. 7.9. CVP Cancellation: A CVP may be canceled when: 7.9.1. Ineligible TA/TO. A TA/TO is determined to no longer hold a valid TVIP. 7.9.2. No Affiliation. A CV is no longer employed or contracted by a TA/TO. 7.9.3. Article 4, Title 18, CRS. A CV is convicted of an offense of Article 4, Title 18, CRS, while employed or contracted by a TA/TO or within 10 years before the date of the CVP application submission by the TA/TO. 7.9.4. Verification Absent CVP. It is determined that the CV knowingly completed third-party verifications of commercial vehicle information, including VINs, when employed by a vehicle-related entity, including a TA/TO as defined by these rules. 7.9.5. Incompetence. The CV is found incompetent for failing to properly verify commercial vehicle information, including VINs, when employed by a vehicle-related entity, including a TA/TO as defined by these rules. 7.9.6. Subsequent Cancellation. The cancellation of a CVP issued to a TA/TO for a CV will not necessarily result in the cancellation of any other CVP or TVIP issued to a TA/TO or the cancellation of a CVP for the same CV to another TA/TO. 7.9.7. Subsequent Review. The cancellation of a CVP issued to a TA/TO for a CV may result in the subsequent review of CVPs issued for the same CV to other TA/TOs. 7.10. Right to Appeal: Within 60 days of receiving written notice from the Chief denying, summarily suspending, or canceling a CVP, the TA/TO or CV identified within the CVP application or permit may request a hearing appealing the decision. 7.10.1. Appeal Request. A request appealing a decision by the Chief to deny a CVP application or to suspend or cancel a CVP summarily must: 7.10.1.1. Be in writing and addressed to the Chief. 7.10.1.2. Explain why the TA/TO or CV believes the denial of the application, or summary suspension, or cancellation of a CVP is in error. 7.10.2. Appeal Hearing. The Chief will hold the hearing. 7.10.2.1. The scope of the hearing will be limited to the CVP application or permit appealed, regardless of any other CVPs applied for or held by a TA/TO or that identify a CV. 7.10.2.2. Where the appeal involves the cancellation of an existing CVP, the scope of the hearing will include a discussion of compliance with these rules by the TA/TO and/or the CV as may be relevant. 7.10.3. Appeal Decision. The Chief will issue a written decision within 20 business days of the completed hearing. 7.10.3.1. If the Chief finds evidence of noncompliance or ineligibility sufficient to sustain the denial, summary suspension, or cancellation of a CVP, the prior decision will be sustained. 7.10.3.2. If the Chief finds the evidence is insufficient to sustain the prior decision of denial, summary suspension, or cancellation of a CVP, the denial, summary suspension, or cancellation will be reversed, and the application will be approved, or the prior permit will be reinstated. 7.10.3.3. The decision of the Chief, in either case, will constitute final agency action subject to judicial review consistent with Section 24- 4- 106, CRS.

TVIN 8: Agency Document Retention, References, and Public Information 8.1. Document Retention: Copies of all documents received by the CSP from applicants, TA/TOs, or CVs consistent with these rules, and copies of any reviews completed by CSP Enforcement Officials on any TA/TOs or CVs participating in the TVVP will be maintained by the CSP. Documents will be kept consistent with the state of Colorado document retention guidelines or as specifically set forth in Title 24, Article 80 of the CRS. 8.2. Referenced Publications: All publications, standards, guidelines, and rules adopted and/or incorporated by reference by these rules are on file and available for examination at any state publications depository library as required by Section 24-4-103 (12.5), CRS. These rules reference the following publications, standards, guidelines, and rules, consistent with Section 24-4-103 (12.5), CRS. 8.2.1. Alternatives to Surety Bonds Permitted- Requirements- Definition.

Section 11-35-101, CRS. 8.2.2. Offenses Against Property. Article 4, Title 18, CRS. 8.2.3. Judicial Review. Section 24-4-106, CRS. 8.2.4. Vehicles and Traffic. Articles 1 – 6, Title 42, CRS, as applicable. 8.3. Availability of Publications and Other Documents: All publications, standards, guidelines, and forms generated by the CSP to support the TVVP and these rules are available for public inspection upon request by contacting the Colorado State Patrol Central Records Unit (CRU) at 700 Kipling St., Lakewood, CO., 80215, 303-239-4180 or CDPS_csprecords@state.co.us or online at https://csp.colorado.gov/talk-with-us/central-records-unit. These rules and the referenced materials listed in Section 8.2 are also available online at no charge. 8.3.1. The CSP will maintain copies of the complete texts of these rules and references identified in 8.2 of these rules and will make them available for public inspection during regular business hours as defined within these rules. Parties may request copies of these documents for a reasonable fee through the CSP CRU. These rules and the referenced publication listed in Section 8.2 of these rules are also available online at no charge. 8.3.2. Copies of these rules are accessible online through the CDPS Rulemaking Information website, https://publicsafety.colorado.gov/cdps-rules-andregulations. 8.3.3. Copies of the Colorado Revised Statutes are accessible online through a link available on the Colorado General Assembly website at https://leg.colorado.gov/laws/colorado-revised-statutes. 8.4. Later Amendments: Except for any amendments to the CRS, these rules do not include later amendments to or editions of any publication, standards, guidelines, or rules incorporated by reference herein. 8.5. Severability: If any provision of these rules or the application thereof to any person or circumstance is determined to be unlawful or invalid, the remaining provisions of these rules will not be affected, absent a specific reference to the removal or excision thereof. 8.6. Inquiries: Address all inquiries or contact with the CSP concerning these rules, their applicability, or the TVVP to:

Criminal Investigations Branch Investigative Services Section 15204 W. 12 TH Ave.

Golden, CO., 80401 303-273-1771 (Phone) 303-273-1822 (Fax)

Editor’s Notes

History New rule eff. 10/15/2020.

Entire rule eff. 04/01/2024.

Entire rule eff. 04/01/2026.

8 CCR 1507-59 CATALYTIC CONVERTER IDENTIFICATION AND THEFT PREVENTION (CCITP) GRANT PROGRAM [Repealed eff. 06/30/2025] {#sec-8-ccr-1507-59 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-59}

DEPARTMENT OF PUBLIC SAFETY

Colorado State Patrol, Investigative Services Section Colorado Automobile Theft Prevention Authority (CATPA) Unit CATALYTIC CONVERTER IDENTIFICATION AND THEFT PREVENTION (CCITP) GRANT PROGRAM - Repealed eff. 06/30/2025 8 CCR 1507-59 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History New rule eff. 11/30/2022.

Entire rule repealed eff. 06/30/2025.

1507 Victims' Compensation and Assistance Coordinating

8 CCR 1507-15 REVIEW OF VIOLATIONS OF THE STANDARDS FOR THE ADMINISTRATION OF THE CRIME VICTIM COMPENSATION AND VICTIM ASSISTANCE AND LAW ENFORCEMENT PROGRAMS AND RELATED SANCTIONS [Repealed eff. 01/14/2019] {#sec-8-ccr-1507-15 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-15}

DEPARTMENT OF PUBLIC SAFETY

Victims' Compensation and Assistance Coordinating Committee REVIEW OF VIOLATIONS OF THE STANDARDS FOR THE ADMINISTRATION OF THE CRIME VICTIM COMPENSATION AND VICTIM ASSISTANCE AND LAW ENFORCEMENT PROGRAMS AND RELATED SANCTIONS - Repealed eff. 01/14/2019 8 CCR 1507-15 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History Entire rule repealed eff. 01/14/2019.

1507 Division of Homeland Security and Emergency Management

8 CCR 1507-40 Continuity of State Government Operations {#sec-8-ccr-1507-40 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-40}

DEPARTMENT OF PUBLIC SAFETY

Division of Homeland Security and Emergency Management CONTINUITY OF STATE GOVERNMENT OPERATIONS 8 CCR 1507-40 Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

AUTHORITY TO PROMULGATE RULES AND REGULATIONS

The Division of Homeland Security and Emergency Management (DSHEM) is authorized by the provisions of 24-33.5-1609, C.R.S., to adopt rules and regulations for the continuity of state government operations to provide guidance to state departments and agencies in developing viable and executable contingency plans for continuity of operations. In adopting such rules and regulations the director shall use as general guidelines the plans published by the FEDERAL EMERGENCY MANAGEMENT AGENCY, and in the rules promulgated thereunder, as amended from time to time.

DEFINITIONS

“Administrator” means a person who is authorized or delegated the authority to make substantive decisions on behalf of the Executive Director concerning a Department's state government continuity, safety, and security responsibilities.

“Director” means the Director of the Division of Homeland Security and Emergency Management.

COG 1 PURPOSE

A. These rules and regulations provide for the creation and adoption of the planning guidance necessary for state departments and agencies to use in developing viable and executable Continuity of Operations Plan (COOP)

B. Contingency planning facilitates the performance of department/agency mission essential functions during any emergency or situation that may disrupt normal operations.

COG 2 APPLICABILITY AND SCOPE

A. The provisions of the COOP planning guidance adopted pursuant to these rules and regulations are applicable to all state departments and agencies, hereinafter referred to as “agencies.”

B. The COOP elements outlined herein apply to all state properties, whether owned or leased, and are for use by all agencies throughout the state.

COG 3 POLICY

A. It is the policy of the State of Colorado to have in place a comprehensive and effective program to ensure continuity of critical State functions under all circumstances.

B. As a baseline of preparedness for the full range of potential emergencies, all agencies shall have in place a viable COOP plan which ensures the performance of their mission essential functions during any emergency or situation that may disrupt normal operations.

C. Inherent in this policy is a requirement for all agencies to designate alternate operating facilities as part of their COOP planning responsibilities.

D. Inherent in this policy is the requirement that all agencies annually test, train, and exercise their COOP plans individually and collectively. The DHSEM will arrange for a periodic assessment of an agencies performance while conducting required testing, training, and exercising.

COG 4 BACKGROUND

A. The changing threat environment and recent emergencies, including localized natural hazards, technological, and human - caused emergencies have shifted awareness to the need for COOP capabilities that enable agencies to continue their mission essential functions across a broad spectrum of emergencies. Also, the potential use of weapons of mass destruction by terrorists has emphasized the need to provide the Governor a capability that ensures continuity of essential government functions across all agencies.

B. COOP planning is simply a “good business practice” part of the fundamental mission of agencies as responsible and reliable public institutions. For years, COOP planning had been an individual agency responsibility primarily in response to emergencies within the confines of the organization.

The content and structure of COOP plans, operational standards, and interagency coordination, if any, were left to the discretion of the agency.

C. To provide a focal point to orchestrate this effort, the Legislature has identified the Director as the lead for COOP. Inherent in that role is the responsibility to formulate guidance for agencies to use in developing viable, executable COOP plans; facilitate interagency coordination as appropriate; and oversee and assess the status of COOP capability across all agencies.

D. An agency's mission essential functions may include those functions, stated or implied, which are required to be performed by statute; involve the legal or financial rights of the government or citizens; or directly support important administrative functions or mission-related activities, such as counter terrorism and survival of critical infrastructures.

COG 5 PLANNING GUIDANCE

A. The COOP planning guidance shall be promulgated by the Director in three parts. Those parts are identified as follows:

1. Part 1 - Continuity of State Government Operations (Base Plan). This provides planning guidance for state agencies for use in developing viable and executable contingency plans for the COOP.

2. Part 2 - Acquisition of Alternate Facilities. This provides planning guidance for state agencies for use in acquiring alternate facilities to support their COOP plans.

3. Part 3 - Training and Exercises Programs. This provides planning guidance for state agencies to use in developing viable and executable test, training, and exercise programs necessary to support the implementation and validation of COOP plans. Exercise shall follow the basic principle as outlined in the Homeland Security Exercise Evaluation Program.

B. The entire planning guidance for the COOP shall be subject to annual review and revision by the Director.

COG 6 IMPLEMENTATION

A. The provisions of the COOP planning guidance shall be implemented based on a phased implementation process, the milestones for which shall be determined by the Director. Agencies will be required to be in full compliance with the provisions of COOP planning guidance by no later than June 30, 2015.

B. Each agency is responsible for appointing an administrator as a program manager and agency point-of-contact for coordinating the agency's state government continuity, safety, and security activities. The appointment of an administrator to coordinate the agency's state government continuity, safety, and security activities, is also required under Rule BSOP 4 (B) of the Rules and Regulations Concerning Building Security and Occupant Protection, adopted by the Director.

Each agency will be required to notify the COOP Manager of any changes in personnel and contact information.

C. The COOP planning guidance shall be considered part of the State Emergency Operations Plan (SEOP) by reference.

D. On an annual basis (Starting on July 1st, 2015) the Director will submit a status report of State agency progress in completing and exercising their COOP _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 08/30/2014.

8 CCR 1507-41 Building Security and Occupant Protection {#sec-8-ccr-1507-41 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-41}

DEPARTMENT OF PUBLIC SAFETY

Division of Homeland Security and Emergency Management BUILDING SECURITY AND OCCUPANT PROTECTION 8 CCR 1507-41 Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

AUTHORITY

The Director of the Division of Homeland Security and Emergency Management (DHSEM) is authorized by the provisions of 24-33.5-1608, C.R.S., to adopt rules and regulations concerning safety and security to protect state personnel and property owned or leased by the state, including, but not limited to, facilities, buildings, and grounds. In adopting such rules and regulations the director shall use as general guidelines the building security and occupant protection standards in Federal Statutes, Presidential Directives, and the rules promulgated thereunder, as amended from time to time.

DEFINITIONS

The following definitions shall apply to these rules and regulations:

“Administrator” shall mean a person who is authorized or delegated the authority to make substantive decisions on behalf of the Executive Director concerning a Department's state government continuity, safety, and security responsibilities.

“Agencies” shall mean all state department and agencies.

“Director” shall mean the Director of the Division of Homeland Security & Emergency Management.

“Emergency Response Guide (ERG)” shall mean the documents developed by the ERG Working Group which consists of a compilation of emergency response procedures for the most likely emergencies to be encountered by state facilities.

“Emergency Response Guide (ERG) Working Group” shall mean the committee that is assembled by the Director of DHSEM for the purpose of developing the ERG & implementation program as well as facilitating the deployment of the standardized security assessment tool hereby known as the Building Security and Occupancy Protection program.

APPLICABILITY

These rules and regulations shall apply to all state departments and agencies, hereinafter referred to as “agencies.”The standards and procedures adopted pursuant to these rules and regulations apply to all state properties, whether owned or leased by the state, and to all persons entering in or on such property.

These rules will be effective 90 days after the date of adoption.

BSOP 1 PURPOSE

A. These rules and regulations provide for the creation and adoption of a state buildings security and occupant protection program. This program will consist of: the development of an Emergency Response Guide, the development of a training and exercise program for the implementation of the guide, and the deployment of a standardized security assessment tool which will inform the need for security enhancements at prioritized facilities.

B. The building security and occupant protection program adopted pursuant to these rules and regulations shall set forth standards and procedures, which are designed to safeguard state personnel, as well as property owned or leased by the state including facilities, buildings, and grounds.

BSOP 2 PROGRAM STANDARDS AND PROCEDURES

A. The building security and occupant protection program standards and procedures promulgated by the Director shall include, but not be limited to, the following provisions:

1. State Building Security and Occupant Protection Program. This provision establishes both minimum and preferred security standards as well as general security procedures that are required to be used by agencies to protect life safety and security of persons and property through the development and implementation of the ERG.

2. Facility Security Self-Assessment Questionnaire. This provision establishes guidance, in the form of a self- assessment tool, for use by agencies in determining their current vulnerability and preparedness regarding the physical security of their facility(ies). The completed questionnaire will be used by the DHSEM to evaluate and determine the appropriate security posture for each assessed facility.

3. Emergency Response Guide. This provision provides guidance for state agencies to use in developing a program to protect life and property in the event of an emergency situation, whether man-made or an act of nature.

B. The building security and occupant protection program standards and procedures shall, at the discretion of the Director, be subject to annual review and revision.

C. To assist with this review the Director shall establish a Working Group, for Safety and Security known as the ERG Working Group. This Working Group will be composed of a minimum of one representative from each State Department. Such representative shall be an agency administrator appointed pursuant to BSOP 4 (B).

D. The Working Group shall meet on a periodic basis, the frequency of which will be determined by the Director. As required, but not less than once every other year, the Working Groups shall meet to consider proposed changes to the building security and occupant protection program standards and procedures. However, changes should only be recommended for adoption by the Working Group that are consistent with the requirements of 24-33.5-1608 (2), C.R.S.

BSOP 3 IMPLEMENTATION

A. The building security and occupant protection program standards and procedures adopted pursuant to these rules and regulations shall be implemented based on a phased implementation process, the milestones for which shall be determined by the Director.

B. Each agency is responsible for appointing an administrator as a program manager and agency point-of-contact for coordinating the agency's state government security and occupancy protection activities.

C. The ERG Working Group may develop additional requirements for State agencies regarding building security and occupancy protection as they see fit.

D. Full compliance with this rule includes the following:

• The ERG Working Group will complete the development of the standardized ERG which will be distributed, at minimum, electronically to all state agencies and employees. This ERG is the minimum standard for state agencies. Agencies that already have more stringent Guides in place that meet all of the included standards are deemed to be in compliance with the ERG.

• The ERG Working Group will develop a training and exercise program that will be utilized to train every state employee. The ERG Working Group will determine an appropriate timeline requiring all state agencies to train and exercise all employees. Those state agencies that already have more stringent training and exercise programs are deemed to be in compliance with the training and exercise component of the rule.

E. Agencies will be required to be in full compliance with these standards and procedures by no later than June 30, 2015. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 08/30/2014.

8 CCR 1507-42 Filing Tier Ii Reports Electronically {#sec-8-ccr-1507-42 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-42}

DEPARTMENT OF PUBLIC SAFETY

FILING TIER II REPORTS ELECTRONICALLY

8 CCR 1507-42 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] 1507-42.1 Authority This regulation is adopted pursuant to the authority in section 24-33.5-1503.5 (1) and (2) C.R.S. and is intended to be consistent with the requirements of the State Administrative Procedures Act, section 24-4- 101 et seq. (the “APA” ), C.R.S. and the Colorado Emergency Planning Committee Act, sections 24-33.5- 1501 et seq. (the “Act” ), C.R.S. 1507-42.2 Background The federal “Emergency Planning and Community Right-to-Know Act” (EPCRA), 42 U.S.C. § §11001 et seq., was adopted by Congress in 1986. EPCRA Section 312 (42 U.S.C. §11022) requires regulated facilities to submit a report of their emergency and hazardous chemical inventory to the State Emergency Response Commission (SERC), the Local Emergency Planning Committee (LEPC), and the local fire department annually. The purpose of this report is to provide state and local emergency planning and response officials as well as the public with specific information on hazardous chemicals present at a facility.

For facilities exceeding the chemical thresholds defined by U.S. EPA regulations promulgated under the

authority of EPCRA, this report requirement is fulfilled by the annual submission of a Tier II Chemical Inventory report. The format and content of the Tier II report were established by U.S. EPA through regulations promulgated under the authority of EPCRA.

The Tier II report is electronically filed with the Colorado Emergency Planning Committee (CEPC) by submittal to the Colorado Department of Public Health and Environment (CDPHE) Division of Environmental Health and Sustainability (DEHS). Beyond 2016, the DEHS in support with the CEPC intends to explore, in conjunction with national update efforts for CAMEO, electronic Tier II submittal, and on-line products, one filing point for submittal to the CEPC (SERC), LEPC, and local Fire Departments.

The CEPC is established by statute and is the State Emergency Response Commission (SERC) as defined by EPCRA. Under Colorado Revised Statutes § §24-33.5-1501 et seq, C.R.S., the CEPC is the state agency responsible for the implementation of EPCRA in Colorado. The Director of the Division of Homeland Security and Emergency with advice of the CEPC is charged to promulgate rules and regulations necessary to “establish a uniform system for reporting and management of information required by the federal act”.

Specifically, under §24-33.5-1503.5 (2)(b), C.R.S., the Division Director is required “To establish a uniform system for reporting and management of information required by the federal act.”

Further, under §24-33.5-1503.5 (2)(c), C.R.S., the Division Director has authority “To create and adopt such forms as are necessary for the uniform reporting and management of information required by the federal act, including, but not limited to, the following:

(I) A standardized tier II reporting form to replace the tier II form which is required under the federal act, and which shall be accepted by local emergency planning committees in reporting the information contained therein;”

In guidance issued on July 13, 2010, EPA provided the following interpretation of its Tier II reporting regulations under EPCRA:

States have the flexibility to use any system for collecting chemical inventory information under section 312 and to establish the means to ensure the information is true, accurate, and complete so they may effectively and efficiently manage chemical risks and provide information to the public. 75 FR 39852, at 39856, July 13, 2010.

Since the adoption of EPCRA, electronic reporting capability has expanded. U.S. EPA has supported electronic reporting with free software designed to take the place of the Tier II paper form. Known as Tier2 Submit, there have been several generations of this free software and in its current form has proven to be reliable and easy for the reporting facilities to use. It may be downloaded from EPA at http://www.epa.gov/emergencies/content/epcra/tier2.htm Tier2 Submit reports submitted by facilities are easily imported into another free software program known as Computer-Aided Management of Emergency Operations (CAMEO). This program is also useful to the LEPCs and fire departments that use and review hazardous chemical information from reporting facilities.

With the same free software, LEPCs and fire departments can review and manage the hazardous chemical information they receive from reporting facilities. https://www.epa.gov/cameo 1507-42.3 Purpose The CEPC proposes a rule requiring the owner or operator of a facility subject to EPCRA Section 312 (Tier II) Chemical Inventory reporting to use the U.S. EPA Tier2 Submit software, as updated or modified over time, to prepare their Tier II report. Using the Tier2 Submit software, the facility submits its report as an electronic file in the Tier2 Submit format either via e-mail or by a mailed CD/diskette to the Colorado Department of Public Health and Environment (CDPHE) Division of Environmental Health and Sustainability (DEHS).

Instructions for downloading the Tier2 Submit software, and requirements for the validation and submission of reports to DEHS on behalf of the CEPC will be updated each year on Internet pages maintained by both DEHS and the CEPC to reflect any changes to web and mailing addresses or any other changes regarding the validation process and/or Tier2 Submit software.

The main benefits of receiving Tier II reporting in the Tier2 Submit format are:

1. Streamlining data processing so that updated Tier II data is available to emergency planners and responders more quickly;

2. Allowing the efficient import of Tier II data into the most commonly available emergency management software tools; and 3) Reducing manual data entry errors that lower data accuracy.

This rule change is intended to make clarifying changes to the reporting fields in order to reduce the burdens of reporting and using the data. These changes are expected to increase efficiencies and reduce reporting burden for regulated facilities. As DEHS continues to only receive fewer than three (3) filings using paper instead of Tier II submit software each year, this provision is being modified to require facilities to petition the CEPC, with a written statement of why computer based reporting is impossible, at least three months prior to the reporting deadline. 1507-42.4 Regulation 1. Facilities required to submit a Tier I or Tier II form under the Emergency Planning and Community Right-to-Know Act, 42 U.S.C. §11022, shall do so by the use of Tier2 Submit electronic reporting format, as it may be modified or renamed from time to time, which is freely available from the U.S.

Environmental Protection Agency. The Colorado Department of Public Health & Environment (CDPHE) – Division of Environmental Health & Sustainability (DEHS), and the Colorado Emergency Planning Committee, will maintain a web page with current instructions on downloading the software and the process by which the report generated by that software will be validated and submitted, including an e-mail address for that purpose. This requirement was effective January 1, 2011 for the 2010 reporting year and for all Tier I and Tier II reports submitted thereafter and is restated in this 2015 update.

A. A facility owner/operator that reports using the Tier2 Submit electronic reporting software is not required to provide that same report to the local emergency planning committee or the local fire department. The Colorado Emergency Planning Committee will provide Tier II information to the local emergency planning committees and local fire departments.

B. The name of the county in which a facility is located, the legal name of the company owning the facility, the name of the fire district or fire department within whose jurisdiction the facility is located, are mandatory elements of the Tier II report. If a facility submits a site plan or other supplemental documents, the file name of those documents must be shorter than twenty (20) characters in order to allow importing into CAMEO.

2. If a facility owner/operator believes it is impossible to comply with this requirement due to the lack of an Internet connection or the lack of computer access caused by factors external to the facility or company that owns the facility, the owner/operator must petition the CEPC at least three months prior to the reporting deadline documenting for approval to make other arrangements to comply with the Tier II reporting obligations under 42 U.S.C. §11022. The CEPC must act on the petition within thirty days and may reject the petition if the facility is unable to document that electronic reporting is truly impossible. Inconvenience alone is not an adequate reason to avoid the requirement to electronically report. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 09/30/2015.

Sections 1507-42.4 1.B, 2 eff.12/15/2016.

8 CCR 1507-43 RESERVE PEACE OFFICER ACADEMY GRANT PROGRAM [Repealed eff. 01/30/2024] {#sec-8-ccr-1507-43 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-43}

DEPARTMENT OF PUBLIC SAFETY

Division of Homeland Security and Emergency Management RESERVE PEACE OFFICER ACADEMY GRANT PROGRAM - Repealed eff. 01/30/2024 8 CCR 1507-43 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 10/30/2017.

Entire rule repealed eff. 01/30/2024.

8 CCR 1507-44 SCHOOL ACCESS FOR EMERGENCY RESPONSE (SAFER) GRANT PROGRAM [Repealed eff. 01/14/2024] {#sec-8-ccr-1507-44 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-44}

DEPARTMENT OF PUBLIC SAFETY

Division of Homeland Security and Emergency Management SCHOOL ACCESS FOR EMERGENCY RESPONSE (SAFER) GRANT PROGRAM - Repealed eff. 01/14/2024 8 CCR 1507-44 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History New rule eff. 10/30/2018.

Entire rule repealed eff. 01/14/2024.

8 CCR 1507-45 SCHOOL SECURITY DISBURSEMENT PROGRAM [Repealed eff. 01/14/2024] {#sec-8-ccr-1507-45 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-45}

DEPARTMENT OF PUBLIC SAFETY

Division of Homeland Security and Emergency Management SCHOOL SECURITY DISBURSEMENT PROGRAM - Repealed eff. 01/14/2024 8 CCR 1507-45 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History New rule eff. 11/30/2018.

Rule 5 eff. 11/30/2022.

Entire rule repealed eff. 01/14/2024.

8 CCR 1507-46 LAW ENFORCEMENT PUBLIC SAFETY AND CRIMINAL JUSTICE INFORMATION SHARING GRANT PROGRAM [Repealed eff. 02/14/2024] {#sec-8-ccr-1507-46 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-46}

COLORADO DEPARTMENT OF PUBLIC SAFETY

Division of Homeland Security and Emergency Management LAW ENFORCEMENT PUBLIC SAFETY AND CRIMINAL JUSTICE INFORMATION SHARING GRANT PROGRAM - Repealed eff. 02/14/2024 8 CCR 1507-46 [Editor’s Notes follow the text of the rules at the end of this CCR Document] _________________________________________________________________________ Editor’s Notes

History New rule eff. 11/30/2019.

Rule 5.3 A eff. 11/30/2020.

Entire rule repealed eff. 02/14/2024.

8 CCR 1507-47 Colorado Nonprofit Security Grant Program {#sec-8-ccr-1507-47 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-47}

DEPARTMENT OF PUBLIC SAFETY

COLORADO NONPROFIT SECURITY GRANT PROGRAM

8 CCR 1507-47 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 1. Authority This regulation is adopted pursuant to the authority in Section 24-33.5-1622 (2) (d), C.R.S. and is intended to be consistent with the requirements of the State Administrative Procedures Act, section 24-4- 101 et seq., C.R.S. (the “APA”).

2. Scope and Purpose This regulation shall govern the implementation of the Colorado Nonprofit Security Grant Program, which includes the time frames for applying for grant funds, eligibility requirements for grant funds, the application process, and the time frames for distributing grant funds.

3. Applicability The provisions of these rules shall be applicable to all eligible applicants and recipients of grant funds as provided by law.

4. Definitions “Award” means a financial assistance grant that provides support to accomplish a public purpose given by the state to an eligible recipient.

“The Federal Program” means the Nonprofit Security Grant Program (NSGP) administered by the Department of Homeland Security Federal Emergency Management Agency (FEMA).

“Financial Need” means the inability of a nonprofit organization to meet the financial requirements from the organization’s general operating funds for the security related activities requested as part of the grant application process.

“Grant program” means the Colorado Nonprofit Security Grant Program that provides grants to nonprofits as set forth in § 24-33.5-1622 (2)(b), C.R.S.

“Period of Performance” means the period of time during which the recipient is required to complete the grant activities and to receive and expend approved funds.

“Project Implementation Plan” means a written form or other document determined by the state agency to outline the steps necessary to achieve grant objectives.

“Quarterly Progress Report” means a written form or other document determined by the state agency to indicate and report the operational and financial activity of the recipient during the time period specified.

“Recipient” means an eligible applicant receiving an award.

“Reimbursement Request” means a written form or other document determined by the state agency to be used by the grant recipient to request reimbursement from grant award funds for approved expenditures.

“Summary Report” means a written form or other document determined by the state agency allowing the grant award recipients to report the final operational and financial activity of the awarded grant funds.

5. Program Requirements 5.1 Eligibility A. Applicant must be a nonprofit entity meeting the federal requirements as described in the Notice of Funding Opportunity for the Federal Nonprofit Security Grant Program with the primary place of business in the state of Colorado in order to apply.

B. Eligible entities are required to have applied for the Federal Program, but not yet have been selected to receive a grant under the Federal Program to be eligible to apply.

C. Eligible entities must submit an application developed by the Division of Homeland Security and Emergency Management Office of Grants Management in conformance with the application and the terms of the program guidance described below.

D. Eligible entities must indicate in the application that the grant funds will be used for the following security related activities and purposes, including, but not limited to:

1. The installation of security equipment on real property owned or leased by the nonprofit organization;

2. Security-related planning, exercises, training, and contracted security personnel;

3. New or existing infrastructure, except that priority must be given to existing infrastructure projects; and 4. Any other security enhancements approved by the division and in accordance with the allowable costs under the federal program.

E. The grant agreement between the State and the recipient(s) of grant funds will specify additional requirements, including, but not limited to, performance measures, reporting requirements, and monitoring of the recipient activities and expenditures related to the grant funds. 5.2 Award Details A. Period of Performance: Seven (7) months B. Funding Instrument: Discretionary Grant 5.3 Time Frames for Application, Award Notification, and Fund Distribution The time frames for any year that the state legislature allocates funding for the program are:

Application Submission Deadline: Second Monday in October at 11:59 PM MDT Grant Awarded to Applicants Deadline: First Monday in November Grant Award Notification on Website: Five (5) business days after the first Monday in November Grant Fund Distribution Deadline: Thirty (30) days after the first Monday in November Period of Performance: Seven (7) Months 5.4 Restrictions A. Applications that are not submitted by the stated Application Submission Deadline will not be reviewed or considered for funding.

B. Pre-Award Costs are NOT allowed under this program (costs incurred or work completed prior to the award date). 5.5 Application Submissions Applicants must submit their completed, signed application via email or other delivery methods as listed and allowed in the grant application and accompanying guidance. 5.6 Grant Guidance The DHSEM Office of Grants Management is responsible for the implementation of this grant program and will develop and publish a grant application and guidance. Grant guidance will include the following reporting requirements:

1. A Project Implementation Plan;

2. Quarterly Progress Reports;

3. A Summary Report upon completion of the project; and 4. Reimbursement Requests. 5.7 Additional Funding A. In the event additional funding is added to the program after the regular application timeline has passed, funding will be allocated to eligible existing applicants from the regular application cycle.

B. For any year that the state legislature allocates additional funding for the program, the time frames for grant award notification and distribution will be:

Grant Awarded to Applicants Deadline: Five (5) business days after additional funds are awarded Grant Award Notification on Website: Five (5) business days after grant awarded to applicants Grant Fund Distribution Deadline: Thirty (30) days after grant awarded to applicants Period of Performance: End of State of Colorado fiscal year (June 30) _________________________________________________________________________ Editor’s Notes

History New rule emer. rule eff. 06/30/2022.

Entire rule eff. 10/15/2022.

Rules 4, 5.3 A eff. 09/30/2023.

Entire rule emer. rule eff. 01/23/2024; expired 05/22/2024.

Entire rule eff. 05/30/2024.

8 CCR 1507-48 Preventing Identity-Based Violence Grant Program {#sec-8-ccr-1507-48 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-48}

Department of Public Safety PREVENTING IDENTITY-BASED VIOLENCE GRANT PROGRAM 8 CCR 1507-48 [Editor’s Notes follow the text of the rules at the end of this CCR Document.]

1. Authority This regulation is adopted pursuant to the authority in section 24-33.5-1620, C.R.S. and is intended to be consistent with the requirements of the State Administrative Procedures Act, section 24-4-101 et seq., C.R.S. (the “APA”).

2. Scope and Purpose This regulation shall govern the implementation of the Colorado Preventing Identity- Based Violence Grant Program, which includes the time frames for applying for these grants, the form of the grant program application, and the time frames for distributing grant funds.

3. Applicability The provisions of these rules shall be applicable to all eligible applicants and recipients of grant funds as provided by law.

4. Definitions The definitions provided in Section 24-33.5-1620, C.R.S. apply to these rules. The following additional definitions also apply:

“Grant program” means the Colorado Preventing Identity-based Violence Grant Program as set forth in section 24-33.5-1620, C.R.S.

“Office” means the Office of Prevention and Security (Colorado Information Analysis Center) created in Section 24-33.5-1606, C.R.S., within the Colorado Division of Homeland Security and Emergency Management.

“Recipient” means an eligible applicant receiving an award.

“Prevention project(s)” means projects proposed and outlined within the application related to preventing identity-based violence.

“Award” means a financial assistance grant that provides support to accomplish a public

purpose given by the state to an eligible recipient.

“Period of Performance” means the period of time during which the recipient is required to complete the grant activities and to receive and expend approved funds.

“Project Implementation and Measurement Plan” means a written form or other document determined by the Office to outline the steps necessary to achieve grant objectives and required measurements for the grant objectives.

“Quarterly Progress Report” means a written form or other document determined by the Office to indicate and report the operational and financial activity of the recipient during the time period specified.

“Summary Report” means a written form or other document determined by the Office to indicate and report the final operational and financial activity of the recipient during the time period specified.

5. Program Requirements 5.1 Eligibility A. Applicants must be from a county, municipality, or city and county, and any agency thereof; an American Indian Tribe; a law enforcement agency; a district attorney’s office; an educational entity; and a nonprofit organization that is exempt from taxation under Section 501 (c)(3) of the federal “Internal Revenue Code of 1986”, as amended, which may be a community-based nonprofit organization that has experience working with those affected by identity-based violence.

6. Eligible applicants that are not a community-based nonprofit organization that have experience working with those affected by identity-based violence must partner with a community-based nonprofit organization with that experience to carry out the project funded by the grant program.

B. Eligible applicants must submit an application developed by the Office in conformance with the application and the terms of the program guidance described below.

C. Eligible applicants must indicate in the application that the grant funds will be used to further at least one of the following preventing identity-based violencerelated goals:

1. Building awareness for the prevention and intervention of identity-based violence within Colorado communities;

2. Strengthening local collaboration and capabilities for prevention and intervention of identity-based violence; and/or 3. Building sustainable support for the prevention and intervention of identitybased violence.

D. Eligible applicants must demonstrate they have sufficient authority and capacity to implement the prevention project outlined in their application, including the capability to engage the participants that the eligible applicants propose to include in their projects.

E. Proposed prevention projects shall not infringe on individual privacy, civil rights, and civil liberties. Prevention projects shall describe any potential impacts to privacy, civil rights, and civil liberties and ways in which the eligible applicants will prevent or mitigate those impacts and administer their prevention projects in a nondiscriminatory manner.

F. Eligible applicants who are a law enforcement agency shall comply with the requirements set forth in 28 CFR Part 23 with regard to the collection, maintenance, and use of intelligence information learned by the agency through a project funded with an award from this grant program, regardless of whether the agency is a direct recipient or is acting in partnership with a recipient.

G. The grant agreement between the State and the recipient(s) of the grant program will specify additional requirements, including but not limited to: performance measures, reporting requirements, and monitoring of the recipient’s activities and expenditures.

1. The Office shall annually evaluate environmental factors that lead to identity-based violence and challenges to reducing identity-based violence. The Office may establish annual priorities for the program that address the identified factors and challenges. 5.2 Award Details A. Period of Performance: 12 months B. Funding Instrument: Discretionary Grant 5.3 Time Frames for Application A. Time Frames Application Submission Deadline:

First Friday in May; 5:00 PM MDT Grant Awarded to Applicants Deadline: Last Friday in May Grant Award Notification on Website Deadline:

First Friday in June Period of Performance – 12 months: July 01 – June 30 B. Restrictions 1. Applications that are not submitted by the stated Application Submission Deadline will not be reviewed or considered for funding;

2. All applications must include the required elements for all applications, as well as specific requirements of the projects they are proposing, including but not limited to: performance measures for each project type. Failure to provide a complete application or significant deviation from the requirements can cause an application to be ineligible or not reviewed or considered for funding;

3. Applications that describe programs, projects, or activities that do not appropriately protect privacy, civil rights, or civil liberties will be deemed ineligible for funding;

4. Applications that only consist of research are not eligible under this grant program. Research is an allowable expense; however, eligible applicants must propose to implement one or more prevention capabilities during the Period of Performance and must demonstrate how any proposed research will support that implementation;

5. Applications that only consist of research are not eligible under this grant program. Research is an allowable expense; however, eligible applicants must propose to implement one or more prevention capabilities during the Period of Performance and must demonstrate how any proposed research will support that implementation;

6. Equipment costs are not allowed under this program. Equipment is defined as tangible personal property (including information technology systems) having a useful life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level for financial statement purposes. Additionally, this grant program does not allow costs for supplies or equipment related to emergency communications, tactical response, or related costs;

7. Pre-Award Costs are NOT allowed under this grant program (costs incurred or work completed prior to the award date);

8. Extensions to the Period of Performance are not allowed;

9. A Cost Share or Cost Match is not required;

10. Up to 5% of the award may be used for management and administration of the grant funds; and 11. Recipient(s) shall not use any part of an award as matching funds for other grants or cooperative agreements, or for lobbying efforts, litigation costs, or intervention in regulatory or adjudicatory proceedings. 5.4 Application Submissions Eligible applicants must submit their acceptable signed application via email or other delivery methods as listed and allowed in the grant application and accompanying guidance. 5.5 Grant Guidance The Office is responsible for the implementation of this grant program and will develop and publish a grant application and guidance. Grant guidance will include the following reporting requirements:

11. A Project Implementation and Measurement Plan;

12. Quarterly Progress Reports;

13. A final Summary Report; and 4. Any other documents required by the application, terms and conditions of the award, or other guidance provided by the Office.

The amount of each award will be determined by the quality and completeness of the application in accordance with the criteria outlined in these rules, as well as the proposed use of funding as it relates to the goals and priorities outlined in the application.

Editor’s Notes

History New rule eff. 12/15/2022.

Entire rule eff. 03/17/2023.

Rules 4, 5.1 A, 5.3 B.4 emer. rule eff 05/08/2026.

8 CCR 1507-49 Urgent Incident Response Fund {#sec-8-ccr-1507-49 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-49}

DEPARTMENT OF PUBLIC SAFETY

COLORADO URGENT INCIDENT RESPONSE FUND

8 CCR 1507-49 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 1. Authority This regulation is adopted pursuant to the authority in section 24-33.5-1623, C.R.S., and is intended to be consistent with the requirements of the State Administrative Procedures Act, section 24-4-101 et seq. (the “APA”).

2. Scope and Purpose This regulation shall govern the use of the Colorado Urgent Response Incident Fund (Fund), including:

3. Applying for reimbursement;

4. Eligibility for determining the amount of reimbursement; and 3. The distribution and receipt of an approved reimbursement.

This regulation does not apply to reimbursement to state agencies and local governments at the level of disasters, emergencies, or disaster emergencies as defined in sections 24-33.5-702, 24-33.5-703, and 24-33.5-704, C.R.S.

3. Applicability The provisions of this section shall be applicable to all eligible applicants as provided by law.

4. Definitions “Division” means the Division of Homeland Security and Emergency Management, within the Colorado Department of Public Safety.

“Fund” means the urgent incident response fund created in section 24-33.5-1623 (2), C.R.S.

“Local Government” means a city, county, municipality, city and county, tribal government, or any other political subdivision of the state that is not a state agency.

“Quarterly Progress Report” means a written form or other document determined by the state agency to indicate and report the operational and financial activity of the recipient during the time period specified.

“Reimbursement Request” means a written form or other document determined by the state agency to be used by the fund recipient to request reimbursement from the fund for qualifying expenditures.

“State Agency” means any department, division, commission, council, board, bureau, committee, office, agency, or other governmental unit of the state.

“Summary Report” means a written form or other document determined by the state agency allowing the fund recipients to report the final operational and financial activity of the funds.

“Urgent Incident” means any incident that does not rise to the level of a disaster, an emergency, or a disaster emergency and for which programmatic responsibilities are already in place.

5. Program Requirements 5.1 Eligibility A. Eligibility is limited to State Agencies and Local Governments as defined above. 5.2 Urgent Incident Need A. Eligible recipients must demonstrate an urgent need beyond expected programmatic responsibilities and document why the circumstances were not programmed and are urgent, but do not rise to the level of an emergency, a disaster, or a disaster emergency. 5.3 Request for Funding A. Eligible applicants must submit a written request in the application developed by the Division. 5.4 Amount of the Reimbursement A. Reimbursement shall not exceed the annual appropriation. 5.5. Determining the Amount of Reimbursement A. The amount of the reimbursement is at the discretion of the Division and will be determined in a collaborative process with the eligible applicant.

B. The Division will take into consideration:

1. The urgency of the circumstances;

2. The financial capability of the applicant;

3. Cost sharing; and, 4. Other factors that may be applicable to the applicant’s need. 5.6 Distribution of Funds A. For local government awardees, funds will be distributed according to the terms of the Division.

B. For state agency awardees, funds will be distributed according to the terms in the approved State of Colorado Interagency Agreement.

C. Based upon an articulated need, the Division may advance funds to awardees. 5.7 Reporting Requirements A. Awardees will provide the division with reports consistent with the requirements in the appropriate grant agreement or interagency agreement including, but not limited to:

1. Quarterly Progress Reports 2. Summary Report upon completion of the project; and, 3. Reimbursement Requests 6. Restrictions A. The Fund cannot be used for any of the following purposes:

2. For any of the purposes specified in section 24-33.5-702, C.R.S.;

3. To reimburse state agencies or local governments for the costs of responding to disasters as defined in section 24-33.5-703 (3) or emergencies as defined in section 24- 33.5-703 (3.5), C.R.S.; or 3. For the purpose of responding to a disaster emergency declared pursuant to section 24- 33.5-704, C.R.S. _________________________________________________________________________ Editor’s Notes

History New rule emer. rule eff. 08/24/2023; expired 12/22/2023.

Entire rule eff. 01/14/2024.

8 CCR 1507-80 Public Safety Communications Trust Fund {#sec-8-ccr-1507-80 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-80}

DEPARTMENT OF PUBLIC SAFETY

Office of Public Safety Communications PUBLIC SAFETY COMMUNICATIONS TRUST FUND 8 CCR 1507-80 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 1. Authority This rule is adopted pursuant to § 24-33.5-2505(1)(h) and (i), C.R.S. and the State Administrative Procedure Act § 24-4-101 et seq. C.R.S.

2. Scope and Purpose This rule governs the Public Safety Communications Trust Fund, the administration of discretionary distributions and repayment of such monies by state and local governments.

3. Applicability This rule applies to all local governments and state agencies as defined by 24-33.5-2505(4)(I-II), C.R.S.

4. Definitions “Director” means the Director of the Office of Public Safety Communications as appointed by the Director of the Division of Homeland Security and Emergency Management.

“Division” means the Division of Homeland Security and Emergency Management within the Colorado Department of Public Safety as created in section 24-33.5-1603, C.R.S.

“Eligible Entities” means the local governments and state agencies that support public safety that may be called upon to deal with natural disasters, health emergencies, acts of terrorism, and other threats to public safety.

“Fund” means the public safety communications trust fund created in section 24-33.5-2510, C.R.S.

“Interoperable Communications” means the ability of public safety agencies in various disciplines and jurisdictions to communicate with each other on demand and in real time by voice or date using compatible radio communication systems or other technology.

“Local Government” means a city, county, municipality, city and county, tribal government, or any other political subdivision of the state that is not a state agency.

“Office” means the Office of Public Safety Communications created in section 24-33.5-2502, C.R.S.

“Public Safety Agency” means an agency providing law enforcement, fire protection, emergency medical, or emergency response services.

“Public Safety Communications Systems” means the interoperable public safety radio communications systems conforming with the statewide digital trunked radio system plan and designed to provide instant and disruption-resistant communication capability for law enforcement agencies and other eligible entities that may be called upon to deal with natural disasters, health emergencies, acts of terrorism, and other threats to public health and safety.

“Quarterly Progress Report” means a written form or other document determine by the state agency to indicate and report the operational and financial activity of the recipient during the time period specified.

“Reimbursement Request” means a written form or other document determined by the state agency to indicate and report the operational and financial activity of the recipient during the time period specified.

“Region” means an all-hazard emergency management region established by executive order of the Governor.

“State Agency” means any department, division, commission, council, board, bureau, committee, office, agency, or other governmental unit of the state.

“Summary Report” means a written form or other document determined by the state agency allowing the fund recipients to report the final operational and financial activity of the funds.

5. Program Requirements 5.1 Eligibility The principal and interest held in the public safety communications trust fund are available to eligible entities, upon application to the Office, and with the approval of the Director of the Office of Public Safety Communications or delegate, to cover the acquisition, maintenance, or lease of any public safety radio communications systems equipment or other communication devices or equipment by eligible entities conforming with the statewide digital trunked radio system plan.

The Fund may be used to pay the direct and indirect costs, including personal services and operating costs, associated with administering public safety communications. 5.2 Considerations A. The Director of the Office of Public Safety Communications or delegate, acting within their discretion, shall consider, without limitation, the following factors in authorizing distributions of fund moneys for reimbursement, or for the purchase, leasing, contracting for, or other acquisition of public safety communications equipment for or by eligible entities:

(1) The need for achieving functional interoperability among local, state, and federal public safety radio communications systems by acquiring equipment that meets emerging technical standards for systems interoperability and open network architecture;

(2) The needs of eligible entities that have recently invested in new radio systems, particularly in regard to interoperability;

(3) The promotion of an orderly transition from analog-based to digital-based radio systems; and (4) The current communications coverage, expansion of coverage and/or resolution of coverage gaps in underserved areas of Colorado.

B. The amount of any distribution for reimbursement or for the purchase of equipment or devices constituting system infrastructure which would allow interoperability between a local government communications system and the statewide public safety radio communications systems will be paid in accordance with the terms of the state digital trunked radio system plan. The extent to which such expenses will be covered by fund moneys will depend on compliance with the plan, funds available and prior coordination and prior approval by the Office.

C. All expenditures made for the acquisition, maintenance, or lease of communication systems equipment or devices from distributions of fund moneys shall be made pursuant to the requirements set forth under the Colorado Procurement Code, sections 24-101-101, et seq., CRS. If the Code does not address a specific situation, then expenditure of funds will require approval from the Director of the Office of Public Safety Communications or delegate.

D. Expenditures are reimbursable or otherwise eligible for distribution from the fund to the extent moneys remain available in the fund. 5.3 Request for Funding and Approval Process A. Eligible entities must submit an application letter of estimated costs, supporting eligibility documentation and an implementation schedule to the Office of Public Safety Communications for approval to receive reimbursement from the Fund.

B. Upon receipt of an application letter, the Office staff shall review the request and issue a written recommendation to the Director or delegate, who will render a decision. Written notification of the decision shall be made to the applicant within ninety (90) days including the amount of any distributions to be paid and identifying any non-qualifying costs, if approved.

C. Upon notification of approval to receive Fund reimbursement, the applicant shall enter into a written agreement with the Office, with the approval of the Director or delegate, concerning any terms and/or conditions for distributions made, including without limitation, terms for repayment of amounts paid, any buy-in commitments for participation in the statewide digital trunked radio system, or any obligation to pay an annual user or other type of fee for participation in the state system. In the event equipment or devices are directly purchased by the Office with fund moneys and then leased to the applicant, a written lease agreement shall be executed by the parties.

D. Approved applicants may then apply for distribution of fund moneys for reimbursement of costs or to purchase qualifying public safety communications systems equipment or devices using application forms provided by the Office. Applications for reimbursement must be filed within ninety (90) days of the incurred expenditures. 5.4 Distribution of Funds A. For local government awardees, funds will be distributed according to the terms of the written Agreement entered into with the Office and according to any additional terms of the Division of Homeland Security and Emergency Management.

B. For state agency awardees, funds will be distributed according to the terms of the written Agreement entered into with the Office and according to the terms in the approved State of Colorado Interagency Agreement.

C. Based upon an articulated need, the Office may advance funds to awardees with the approval of the Director or delegate. 5.5 Reporting Requirements A. Awardees will provide the Office with reports consistent with the requirements in the appropriate written agreement, Divisional agreement if applicable, or interagency agreement, including, but not limited to:

(1) Quarterly Progress Reports;

(2) Summary Report upon completion of the project; and (3) Reimbursement Requests. 5.6 Restrictions A. The statutory provisions for the Public Safety Communications Trust Fund in Part 25 to article 33.5 of title 24, C.R.S. do not apply to the Legislative Department of the State of Colorado.

B. Local and internal public safety communications networks of institutions of higher education may be exempted from the provisions of Part 25 to article 33.5 of title 24 C.R.S. upon application to the Director of the Office of Public Safety Communications; except that all systems must be certified by the Director of the Office of Public Safety Communications as being technically compatible with plans and networks as described in section 24-33.5-2505(1), C.R.S. _________________________________________________________________________ Editor’s Notes

History New rule eff. 01/14/2024.

Entire rule eff. 09/30/2024.

8 CCR 1507-81 Office of Public Safety Communications Administration {#sec-8-ccr-1507-81 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-81}

DEPARTMENT OF PUBLIC SAFETY

Office of Public Safety Communications OFFICE OF PUBLIC SAFETY COMMUNICATIONS ADMINISTRATION 8 CCR 1507-81 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 1. Authority This rule is adopted pursuant to § 24-33.5-2503(5) and § 24-33.5-2504, C.R.S. and the State Administrative Procedure Act § 24-4-101 et seq. C.R.S.

2. Scope and Purpose This rule governs the continuity of existence of the powers, duties, and functions of the Office of Public Safety Communication regarding the transfer of functions of the Office from the State Office of Information Technology to the Division of Homeland Security and Emergency Management in the Department of Public Safety. The Office of Public Safety Communications is created pursuant to § 24- 33.5-2505, C.R.S. to more efficiently support the efforts of State Departments, State Institutions, State Agencies, Law Enforcement Agencies, and any Public Safety Political Subdivisions, and to better serve the Public. The Office of Public Safety Communications will coordinate and manage the establishment of a state public safety communications network, and the Director of the Office of Public Safety Communications will supervise the maintenance and administration of the network pursuant to §§ 24- 33.5-2505 and 24-33.5-2509, C.R.S.

3. Applicability This rule applies to all local governments and state agencies as defined by 24-33.5-2505(4)(I-II), C.R.S.

4. Definitions “Director” means the Director of the Office of Public Safety Communications as appointed by the Director of the Division of Homeland Security and Emergency Management.

“Division” means the Division of Homeland Security and Emergency Management within the Colorado Department of Public Safety as created in section 24-33.5-1603, C.R.S.

“Interoperable Communications” means the ability of public safety agencies in various disciplines and jurisdictions to communicate with each other on demand and in real time by voice or date using compatible radio communication systems or other technology.

“Local Government” means a city, county, municipality, city and county, tribal government, or any other political subdivision of the state that is not a state agency.

“Office” means the Office of Public Safety Communications created in section 24-33.5-2502, C.R.S.

“Public Safety Agency” means an agency providing law enforcement, fire protection, emergency medical, or emergency response services.

“Public Safety Communications Systems” means the interoperable public safety radio communications systems conforming with the statewide digital trunked radio system plan and designed to provide instant and disruption-resistant communication capability for law enforcement agencies and other eligible entities that may be called upon to deal with natural disasters, health emergencies, acts of terrorism, and other threats to public health and safety.

“Region” means an all-hazard emergency management region established by executive order of the Governor.

“State Agency” means any department, division, commission, council, board, bureau, committee, office, agency, or other governmental unit of the state.

5. Responsibilities and Requirements The Director of the Office of Public Safety Communications shall perform or shall delegate the following functions concerning public safety communications to ensure the continuity of existence and the full transfer of functions to the administration of the Division of Homeland Security and Emergency Management in the Department of Public Safety from the State Office of Information Technology:

A. Formulate recommendations for a current and long-range communications plan involving public safety radio communications systems and their integration into applicable public safety communications networks in consultation with local, state, and federal departments, institutions, and agencies;

B. Administer the approved current and long-range plan for public safety communications and supervise all state-owned public safety communications networks, systems, public safety wireless broadband and microwave facilities;

C. Review all existing and future state-owned public safety communications applications, planning, networks, systems, programs, equipment, and facilities and establish priorities for those that are necessary and desirable to accomplish the purposes set forth in part 25 article 33.5 of title 24, C.R.S.;

D. Approve or disapprove the acquisition of public safety communications equipment by any state department, institution, or agency;

E. Establish and enforce public safety communications policies, procedures, standards, and records for management of public safety communications networks and facilities for all state departments, institutions, and agencies;

F. Review, assess, and ensure compliance with federal and state public safety communications regulations pertaining to the needs and function of state departments, institutions, and agencies;

G. Administer the Public Safety Communications Trust Fund created in § 24-33.5-2510, C.R.S.;

H. Exercise the powers, duties, and functions regarding the tactical and long-term interoperable communications plan adopted by each region, and facilitate measure to improve communications among public safety agencies in the region and with public safety agencies of other regions, the state and federal governments, and other states, to include testing, training, and exercise; and I. Review submissions from regions for tactical and long-term interoperability plans or revisions thereto to determine eligibility to receive homeland security or public safety grant money administered by the Department of Local Affairs, the Department of Public Safety, or the Department of Health and Environment. _________________________________________________________________________ Editor’s Notes

History New rule eff. 01/14/2024.

8 CCR 1507-82 Colorado Telecommunications Security Registration Program {#sec-8-ccr-1507-82 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-82}

DEPARTMENT OF PUBLIC SAFETY

COLORADO TELECOMMUNICATIONS SECURITY REGISTRATION PROGRAM

8 CCR 1507-82 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 1. Authority This regulation is adopted pursuant to the authority in Section 24-33.5-1624, C.R.S. and is intended to be consistent with the requirements of the State Administrative Procedure Act, Section 24-4-101 et seq. (the “APA”).

2. Scope and Purpose This regulation shall govern the implementation of the Colorado Telecommunications Security Registration Program, which includes the time frames for Telecommunications Providers to register with the Division, the notification to the Division as to when Telecommunication Providers are planning to remove, discontinue, or replace any critical telecommunications infrastructure equipment from a federally banned entity, and the payment of registration fees and late fees.

3. Applicability The provisions of these rules shall be applicable to all eligible Telecommunications Providers as provided by law.

4. Definitions The following definitions apply only to these rules and do not in any way apply to the rules, regulations, or procedures of telecommunications providers or other state agencies or local governments. All definitions that appear in Section 24-33.5-1624, C.R.S. shall apply to these rules.

All publications, standards, or rules adopted and incorporated by reference in these rules are available for public inspection and copies are available for a reasonable charge. Information regarding obtaining copies is available by contacting the Division of Homeland Security and Emergency Management at 9195 E. Mineral Ave, Suite 200, Centennial, CO 80112 or by phone at 720-852-6600. The materials incorporated by reference in these rules may also be examined at any state publications depository library. These rules do no include later amendments to or editions of any materials incorporated by reference.

• Questions, clarification, or interpretation of these rules should be addressed in writing to:

Colorado Telecommunications Security Registration Program c/o DHSEM Grants Management at 9195 E. Mineral Ave, Suite 200, Centennial, CO 80112.

“Critical telecommunications infrastructure” means all physical telecommunications infrastructure and equipment that supports the transmission of information, regardless of the transmission medium or technology employed, and that connects to a telecommunications network that permits the user to engage in the use of telecommunications service, including telecommunications service provided directly to the public or to such classes of uses as to be effectively available to the public.

“Critical telecommunications infrastructure” does not include telecommunications equipment that is used solely for the operation of a utility and that is not used in connection with telecommunications service offered to the public.

“Federally banned entity” means any entity or equipment that the Federal Government has banned or imposed sanctions against, including banning or sanctions imposed by the following federal agencies and acts: ● (I) The Federal Communications Commission, including: o (A) Any entity, equipment, or service deemed to pose a threat to national security identified on the Covered List described in 47 C.F.R. § 1.50002 (Oct. 1, 2023); and o (B) Any entity, equipment, or service identified on the Covered List published by the Public Safety and Homeland Security Bureau pursuant to the Federal “Secure and Trusted Communications Networks Act of 2019”, 47 U.S.C. Sec. 1601 et seq., as amended, Pub. L. 116-124, § 2 (Mar. 12, 2020); ● (II) The United States Department of Commerce; ● (III) The United States Cybersecurity and Infrastructure Security Agency; ● (IV) The Federal Acquisition Security Council, established pursuant to the Federal “Secure Technology Act”, 41 U.S.C. Sec. 1322, as amended, Pub. L. 115-390, title II, § 202(a), Dec. 21, 2018, 132 Stat. 5178; and ● (V) Section 889 of the Federal “John S. McCain National Defense Authorization Act for Fiscal Year 2019”, Pub.L. 115-232 (Aug. 13, 2018).

“Telecommunications provider” means an entity that offers wireless telecommunications service for a fee directly to the public or to such classes of uses as to be effectively available to the public. ● “Telecommunications provider” does not include a municipality or a municipally owned utility.

5. Program Requirements 5.1 Registration and Initial Registration Fee A. Telecommunication Providers will register with the Division on or before January 15 th 2025 and pay a fifty (50) dollar registration fee.

B. Telecommunication Providers will provide the Division with the name, address, telephone number, and email address of the primary point of contact that will oversee the operation of telecommunications service in Colorado. 5.2 Certification and Notification A. Telecommunication Providers will report every year on or by January 15 th each year as to their progress in removing all federally banned equipment.

B. Once a Telecommunications Provider can certify compliance, they are no longer required to continue annual reporting. 5.3 Program Guidance The DHSEM Office of Grants Management is responsible for the implementation of this program and will develop and publish guidance including the following requirements:

1. Where and how to register;

2. How to pay the initial registration fee; and 3. Where and how to continue to report/certify compliance or progress. _________________________________________________________________________ Editor’s Notes

History New rule emer. rule eff. 01/15/2025; expired 05/15/2025.

Entire rule eff. 05/30/2025.

8 CCR 1507-83 Civil Defense Qualified Volunteer Program {#sec-8-ccr-1507-83 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-83}

Department of Public Safety CIVIL DEFENSE QUALIFIED VOLUNTEER PROGRAM 8 CCR 1507-83 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] 1 Authority This regulation is adopted pursuant to the authority in Sections 24-33.5-801 et seq., C.R.S., and is intended to be consistent with the requirements of the State Administrative Procedure Act, Section 24-4-101 et seq., C.R.S. (the “APA”).

2. Scope and Purpose The Division shall establish by rules various classes of civil defense workers and the scope of the duties of each class and shall also adopt rules prescribing the manner in which civil defense workers of each class are to be registered. All such rules shall be designed to facilitate the paying of workers’ compensation pursuant to Section 24-33.5- 818, C.R.S.

These rules shall govern the implementation of the Qualified Volunteer Organization List (List) pursuant to Sections 24-33.5-823 and 24-33.5-827, C.R.S. The Office shall create a process for a county sheriff, local government, local emergency planning committee, or state agency to nominate a volunteer organization to be included on the List pursuant to Section 24-33.5-823, C.R.S. The Office shall create a process to verify that a qualified volunteer provided volunteer services during a disaster or an organized training exercise, drill, or class, and a method to allow the volunteer to provide proof of such service to his or her employer pursuant to Section 24-33.5-824 (2), C.R.S.

3. Applicability The provisions of these rules shall be applicable to all entities seeking listing as a Qualified Volunteer Organization as provided by law and to individual volunteers seeking verification of volunteer service for the purpose of qualifying for those benefits enumerated by Section 24-33.5, part 8, C.R.S.

4. Definitions The definitions provided in Section 24-33.5-802, C.R.S., apply to these rules. The following definitions also apply:

“Division” means the Division of Homeland Security and Emergency Management within the Colorado Department of Public Safety and created in Section 24-33.5-1603, C.R.S.

“Memorandum of Understanding (MOU)” means a written agreement between a county sheriff, a local government, a local emergency planning committee, or a state agency and a volunteer organization that may include the provisions set forth in Section 24-33.5-822, C.R.S.

“Nominating Entity” means a state agency, county sheriff, local government, or local emergency planning committee that submits a Volunteer Organization for listing on the Qualified Volunteer Organization List and that intends to call that Volunteer Organization to service and directly manage and supervise the work of the Volunteer Organization.

“Office” means the Office of Emergency Management within the Division and created in Section 24-33.5-705 (1)(a), C.R.S.

“Organization” means an entity with members, to include paid or unpaid workers, who may wish to volunteer in a disaster and who do not fall under the employment or direct management of a state agency, county sheriff, local government, or local emergency planning committee. For the purposes of these rules, an organization is independent and distinct from government agencies, has separate and identifiable funding sources, and has an identified executive or leader who is authorized to enter into an MOU with the nominating entity. Such an organization has formal training processes and holds regular trainings or meetings with documented agendas and minutes.

“Qualified Volunteer Organization List (the List)” means a list of organizations that have been nominated to and accepted by the Office, for which volunteers may request verification of volunteer service.

“Volunteer” means a volunteer allowed to receive the benefits and protections specified in Part 8 pursuant to Article 10 of Title 24, C.R.S. if the volunteer is determined to be a qualified volunteer pursuant to Section 24-33.4-824, C.R.S.

5. Program Requirements 5.1 Nomination for Inclusion on Qualified Volunteer Organization List 5.1.1 The Office will maintain a web page on the Division’s public website where nominations of a volunteer organization may be submitted to the Office. 5.1.2 A county sheriff, principal executive of local government, chair of a local emergency planning committee, or principal executive of a state agency may nominate a volunteer organization for inclusion on the Qualified Volunteer List (the List) by identifying the organization and furnishing a copy of the MOU executed pursuant to Section 24-33.5-822, C.R.S., using the mechanism provided on the web page furnished by the Office (for example, an online form). 5.1.3 Upon receipt of the nomination and the MOU, the Office will review materials to ensure that the parties, process, and MOU meet the requirements identified in the applicable Colorado Revised Statutes and these rules, specifically that:

A. The nominating individual is a county sheriff, principal executive of a local government, chair of a local emergency planning committee, or principal executive of a state agency.

B. There is a valid MOU in place executed within the previous twelve (12) months between the nominating entity and the volunteer organization to assist the county sheriff, local government, local emergency planning committee, or state agency in providing services as required. The nominating individual must be a signatory, and the independent executive or leader of the volunteer organization must also be a signatory.

C. If the MOU includes provisions for expiration and the date of expiration is less than two (2) years from the date of listing, the date of expiration will be noted as the date upon which the Office will remove the volunteer organization from the List, notwithstanding any other rules regarding removal.

D. If national or statewide training and certification standards exist for a certain organization or certain type of volunteer, the existing standards shall be used in the MOU.

E. The nominated volunteer group meets the definition of a volunteer group outlined in these rules and in the applicable Colorado Revised Statutes. 5.1.4 The Office will then issue a letter to the nominating entity, signed by the Director of the Office, verifying listing on the List for a period of two (2) years from the date of signature. 5.1.5 All organizations included on the List will be enumerated on the Office’s web page dedicated for that purpose, and a copy of the List can be requested by contacting the Office of Emergency Management at the Division, 9195 E. Mineral Ave., Suite 200, Centennial, CO 80112. 5.1.6 In the event that an MOU includes provisions for cancellation or termination, and such a provision is triggered, or the MOU expires pursuant to a condition included in the MOU, the nominating entity must notify the Office, and the Volunteer Organization will be removed from the List. Absent notification of the Office, the Volunteer Organization will be considered removed from the List at such time as it expires or is terminated. 5.2 Renewal of Qualified Volunteer Organization Listing 5.2.1 Approximately eighteen (18) months after the issuance of a letter confirming inclusion on the List, the Office will make reasonable attempts to issue a notification of pending expiration by electronic or postal mail.

The notification will be sent to the nominating individual or entity and may also be sent to the Volunteer Organization. This notification of pending expiration shall be considered a courtesy notification, and failure to send or receive the notification will not impact the removal of a volunteer organization for two (2) years following initial inclusion on the List. 5.2.2 Two (2) years after the issuance of a letter confirming inclusion on the List, the Office will remove the Volunteer Organization from the List and will issue a notification of such action by electronic or postal mail unless the nominating entity or individual has submitted a new nomination (renewal). 5.2.3 A new nomination (renewal) shall follow the same process for an initial nomination and shall include submission of the most current MOU between the nominating entity and the volunteer organization. 5.2.4 The purpose of removal from the List and the requirement of renewal are to ensure that current elected officials or principal executives of nominating entities are aware of and in concurrence with their entity’s sponsorship of a volunteer organization and to ensure that parties to a MOU are the current leaders of both the nominating entity and the volunteer organization. 5.3 Verification of Volunteer Service 5.3.1 The Office will publish on the Division’s public website a method by which qualified volunteers can request verification that they provided volunteer services during a disaster or an organized training exercise, drill, or class, and a method to allow the volunteer to provide proof of such service to their employer pursuant to Section 24-33.5-827, C.R.S. Such requests must be made by either the individual volunteer or a representative of the nominating entity, and verification will be provided to whichever entity or individual the requestor directs. 5.3.2 In an effort to confirm provision of volunteer service, the Office may request records including, but not limited to, volunteer shift schedules, time records, and/or written confirmation of volunteer service by the nominating entity. Documentation, such as a resource order, may be required to confirm volunteer service. 5.3.3 If the Office is able to verify volunteer service, and that the nature of service was consistent with descriptions and requirements provided in statute, the Office will issue a letter verifying the dates, times, and nature of volunteer service and note that the individual was operating as a Qualified Volunteer under the provisions of Sections 24-33.5-801 et seq., C.R.S.. 5.4 Classes of Civil Defense Workers 5.4.1 One class of Civil Defense Worker is established as “Civil Defense and Disaster Volunteers”. All volunteers who are members of a Qualified Volunteer Organization as listed in 5.1 shall be a Civil Defense and Disaster Volunteer. Additional classes of Civil Defense Workers are reserved and may be defined at a later date.

Editor’s Notes

History New rule eff. 05/21/2026.

1507 Investigative Services

8 CCR 1507-50 Colorado Automobile Theft Prevention Authority {#sec-8-ccr-1507-50 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-50}

DEPARTMENT OF PUBLIC SAFETY

Colorado State Patrol Investigative Services Section COLORADO AUTOMOBILE THEFT PREVENTION AUTHORITY 8 CCR 1507-50 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ CATPA 1: AUTHORITY TO ADOPT RULES AND REGULATIONS The Executive Director of the CDPS is authorized by §42-5-112 (3) (f), CRS, to adopt rules and regulations applicable to the review and approval of grant applications received and reviewed by the CATPA Board from law enforcement agencies and Qualified Applicants for programs and activities consistent with §42-5-112 (3) (f), CRS. Programs consistent with §42-5-112 (3) (f), CRS, include those programs requesting assistance to support or improve automobile theft prevention or enforcement within the state of Colorado or the prosecution thereof through statewide planning and coordination consistent with statute and as enumerated through these rules.

CATPA 2: APPLICABILITY

These rules and regulations shall apply to the review and approval of all grant applications by law enforcement agencies or other Qualified Applicants to the CATPA Board requesting financial support or assistance for programs and/or activities consistent with §42-5-112 (3) (f), CRS.

CATPA 3: DEFINITIONS

Unless otherwise specified, the following definitions apply to these rules: 3.1. AUTOMOBILE: An automobile is a motor vehicle as defined within §42-5-101 (5), CRS, which is any vehicle of whatever description propelled by any power other than muscular, except a vehicle running on rails. 3.2. CATPA: Defined under §42-5-112 (1), CRS, and is referred to throughout these rules as the Colorado Automobile Theft Prevention Authority. 3.3. CATPA BOARD (“BOARD”): Created by §42-5-112 (2), CRS, the board that solicits, reviews, awards, and evaluates grant projects funded under §42-5-112 (4), CRS. Referred to throughout these rules as the “Board.” 3.4. CATPA GRANT MANAGERS GUIDANCE MANUAL (GMG): The guidance publication approved by the Board that provides information on grant application requirements and processes. The GMG is updated annually and the most current version publicly available applies to these rules. 3.5. CDPS: Colorado Department of Public Safety. 3.6. CSP: Colorado State Patrol. 3.7. CSP CATPA BUSINESS UNIT: The business unit within the CSP that is responsible for the dayto-day operations and support of the Board, consistent with §42-5-112 (3) (c) and (d), CRS. 3.8. GRANT-FUNDED INITIATIVES: the CATPA Board will consider grant applications that meet one or more of the following Initiatives: 3.8.1. DEDICATED AUTOMOBILE THEFT PROSECUTION PROGRAMS: Initiatives that focus on the support of one or more dedicated prosecutors who have the specific mission and expertise to provide legal guidance and prosecutorial continuity to complex criminal cases arising from the activities of a multi-agency law enforcement program. These programs support the ability of prosecutors to coordinate across jurisdictional boundaries to effectively identify and prosecute automobile theft, fraud, and related crimes, primarily those involving prolific, repeat, or habitual offenders. 3.8.2. ENFORCEMENT: Initiatives that may include a Colorado law enforcement program and focus on reducing automobile theft, fraud, and related crimes using and otherwise supporting a variety or combination of Enforcement Models, such as a Multi-Agency or Multi-Crime Real Crime Center, Informal Deployment Program, Problem-Oriented Directed Model, Analytically Oriented Directed Model, Saturation Patrol Model, or Investigative Intelligence-Led Policing Model. 3.8.3. FIRST-TIME OFFENDER REHABILITATION PROGRAMS: Initiatives that include programs focused on the prevention of future criminal behavior by first-time offenders who have been charged, convicted, or adjudicated for automobile theft. 3.8.4. PREVENTION, EDUCATION, AND OUTREACH: Initiatives that focus on the reduction of the public’s victimization by automobile theft, fraud, and related crimes through crime prevention activities, public outreach, and public awareness campaigns. These programs include: 3.8.4.1. PUBLIC EDUCATION AND PREVENTION: Efforts to modify an observable change in human behavior related to the viable threat, impact, or exposure of automobile theft and related crimes by engaging in behavior modification techniques proposed for decreasing automobile theft. public education projects are typically aimed at high-risk factors that may include populations, geographical areas, environmental conditions, and most-at-risk stolen vehicle owners with the intent to use classical conditioning and/or operant conditioning methods to modify the behavior of the automobile owners and/or drivers as public education and prevention efforts focus on behavioral change. Observations and data results are typically relied upon to demonstrate and determine the effectiveness of programs. 3.8.4.2. PUBLIC OUTREACH AND AWARENESS: Efforts communicating general messages, dangers, and prevention techniques to minimize the risk of victimization by automobile theft, public outreach, and awareness. This process typically involves developing and communicating factual information to a selected group or the general public to increase the level of understanding, attentiveness, alertness, or attention on or to the risk behaviors or incidences of automobile theft. 3.8.4.3. VEHICLE SYSTEMS HARDENING: Efforts focused on elevating vehicle security systems to safeguard automobiles from theft, fraud, and related crimes, including after-market engine immobilizers, battery immobilizers, steering wheel locks, tire locks, hitch locks, vehicle security software upgrades/updates, owner applied trackers, mechanical marking products, alarms, or other vehicle security tools, products or techniques designed and intended to reduce vulnerabilities in existing automobile technology and mechanical systems. 3.8.5. TECHNOLOGY ENHANCEMENT: Initiatives that focus on the improvement, development, augmentation or acquisition of existing or new technology to identify, track, analyze or study the crime of automobile theft, fraud, and related crimes using information technology consistent with §24-72-113, CRS, (Passive Surveillance Records), §24-74-102 (1), CRS, (Personal Identifying Information), and 28 CFR Part 23 (Criminal Justice Information Sharing). Technology enhancements may include components to heighten the capabilities of the Automobile Theft Tracking and Reporting System, such as the use of Automated License Plate Reader Systems, the Colorado Stolen Vehicle Database Repository, and other information system(s) that may elevate and improve CATPA’S capability for information and intelligence regarding the reduction of automobile theft. 3.8.6. TRAINING: Initiatives that include programs that provide or develop specialized training for automobile theft, fraud, and related criminal investigations for personnel, including but not limited to law enforcement personnel, County Title and Registration Clerks, Division of Revenue Title Clerks, and Port of Entry Officials to enhance knowledge, skills, procedures, and systems to detect, prevent, and combat automobile theft, fraud, and related crimes. 3.8.7. VICTIM SUPPORT: Initiatives that focus on servicing the needs of victims and may include a variety of assistance including options for alternative transportation, payment of storage and/or towing fees, costs of vehicle cleaning, reimbursement of limited necessary repairs, insurance deductible assistance, and other assistance reasonably related to negating the consequences of automotive or automobile theft-related crime. 3.8.8. OTHER PROGRAMS: Initiatives that involve grant programs addressing automobile theft or automobile theft-related crimes from outside or beyond the scope or subject matter areas already identified by 3.8.1 through 3.8.7 of these rules. Examples include initiatives addressing automobile theft or automobile theft-related crimes through research and development, special studies, business development, venture project investments, security redevelopment, etc. 3.9. QUALIFIED APPLICANT: A Colorado law enforcement agency, a state agency, a local unit of government, an independent school district, or a not-for-profit or for-profit organization that can demonstrate its proposed program addresses some aspect of automobile theft prevention.

CATPA 4: GRANT APPLICATIONS- SUBMISSION AND CONTENT 4.1. APPLICATION SUBMISSION PERIOD. The Board will announce annually in writing the availability of grant funding and the start of the application submission period. Notice may include mailings, posting online at HTTPS://LOCKDOWNYOURCAR.ORG/GRANTS/, and through other agencies and organizations. Interested Parties may also contact CATPA by EMAIL at CDPS_CATPA@STATE.CO.US for grant funding and submission information. 4.2. APPLICATION FORMAT AND REQUIRED CONTENT. All applications shall be in the form required by the grant announcement(s), consistent with the requirements set forth within the statute, these rules, and the CATPA GMG. 4.2.1. Each application shall specifically describe, at minimum, the type of automobile theft, prevention, education, outreach, enforcement, specialized training, prosecution, first-time offender rehabilitation, victim support program, technology enhancement, or other programs addressing automobile theft being proposed. 4.2.2. All grant applications must include or address the required information, form(s), and instruction(s) provided in the CATPA GMG. 4.3. METHOD AND DELIVERY OF APPLICATION SUBMISSION. Applications shall be filed with the Board as directed in the grant application, notice, and/or instructions.

CATPA 5: GRANT AWARDS- BOARD EVALUATION AND AWARD SELECTION 5.1. USE OF CATPA GMG. The Board shall review applications consistent with the statute, these rules, and with guidance provided within the most current publication of the CATPA GMG. 5.2. MULTIJURISDICTIONAL PRIORITY. Consistent with §42-5-112 (3) (a), CRS, these rules, and the CATPA GMG, the Board shall give priority to those grant applications representing multijurisdictional programs. 5.3. MINIMUM DESCRIPTION REQUIRED. All applications must, at minimum, describe the type of automobile theft prevention, education, outreach, enforcement, specialized training, prosecution, first-time offender rehabilitation, victim support program, technology enhancement, or other programs addressing automobile theft being proposed. 5.4. APPLICABLE REVIEW GUIDELINES. The Board shall review each application to determine if the submitting entity meets the definition of a Qualified Applicant and for its completeness. The Board will then further review applications received according to the following guidelines: 5.4.1. Whether the application clearly identifies an automobile theft problem that is measurable and is supported by relevant statistical evidence. 5.4.2. Whether the application minimizes duplicative or overlapping existing programs. 5.4.3. Whether the application provides a design wherein goals, measurements, and activities are realistic and attainable. 5.4.4. Whether the application displays innovation in its concept, design, and/or operation. A project is considered innovative if it provides a new and different strategy or approach that prevents, deters, intervenes, or reduces the occurrence of automobile theft-related criminal activity as compared to strategies or approaches implemented having the same design or scope by another state or country. 5.4.5. Whether the application demonstrates a realistic cost structure as compared against application goals (cost vs. benefit). 5.4.6. Whether the application includes a proposed evaluation design supported by relevant data to measure the effectiveness of the project and a plan for completing said evaluation consistent with applicable grant reporting requirements. 5.5. REVIEW EQUITY. The Board will apply applicable statutes, these rules, and the CATPA GMG to ensure equitable review of grant applications received from law enforcement agencies and other Qualified Applicants. 5.6. GEOGRAPHICAL DISTRIBUTION. The Board shall approve grants in a variety of geographic areas of the state to the extent that it is practicable to do so.

CATPA 6: GRANT AWARD AMOUNT AND BOARD NOTIFICATION

Subject to the funds available for a grant cycle, the Board shall approve grants under §42-5-112 (3) (B), CRS, these rules, and the guidance set forth by the most current publication of the CATPA GMG. 6.1. APPROVAL CRITERIA. The Board shall predicate approved grant amounts upon consideration of the following criteria: 6.1.1. Existing activities or programs addressing the (same or substantially similar) automobile theft problem. 6.1.2. Statistical analyses of automobile theft problems in the identified project area. 6.1.3. Cooperation and coordination with other agencies/projects to address automobile theft problems. 6.1.4. Proposed plan for automobile theft crime prevention, enforcement, prosecution, and training. 6.1.5. Number of personnel necessary to satisfy and continue essential objectives and activities of the program, considering the estimated number of regular and potential overtime hours requested for funding, contributed personnel by the grant applicant, and cost to sustain the continuation of personnel. 6.1.6. Applicant’s experience, qualifications, and past performance. Experience, qualifications, and past performance are demonstrative of the ability of an applicant to operate a proposed project successfully. 6.1.7. Identification of critical, essential, and supplemental funding level requests consistent with guidance set forth within the CATPA GMG. 6.2. BOARD RECOMMENDATION FOR FUNDING. The Board will notify all applicants submitting applications during an announced submission period of its decision to approve or deny an application in writing. In addition to determining whether a proposal meets the requirements of the CATPA Grant Program: 6.2.1. The Board may attach other conditions to the award of a grant recommendation. 6.2.2. The Board shall not require as a condition of receipt of a grant that an agency, political subdivision, or other Qualified Applicant provide any additional monies to operate a recommended program consistent with §42-5-112 (3) (b), CRS. 6.2.3. The Board will award grant programs consistent with funding appropriations or any statutory conditions applicable to its use. For example, General Fund Appropriation or transfer of money into the CATPA Cash Fund are limited to the Grant-Funded Initiatives specified in §42-5-112, CRS, which do not include training, law enforcement requests for items other than overtime, or other programs. 6.3. An applicant may accept or decline program funding recommended by the Board consistent with the schedule within the CATPA GMG. 6.4. Upon the Applicant’s acceptance of the Board recommended funding, the signed final application will be forwarded to the CDPS Executive Director or their designee for signature and approval.

Grant funding will not be finalized until a copy of the signed final application is received by the CATPA Office and sent to the grant award recipient by USPS or by email as agreed upon by the grant applicant and the CATPA Office.

CATPA 7. PROCEDURES TO REVIEW GRANT RECIPIENT PROGRAM SUCCESS AND

COMPLIANCE

Grant recipients must submit program and financial reports monthly to the Board following grant application approval and funds disbursement. 7.1. REPORTING FORMS PROVIDING. The Board will provide grant recipients with the forms necessary to submit required monthly financial and program progress/achievement reports. 7.2. BOARD REVIEW CRITERIA. Board review of monthly reports submitted by grant recipients shall be consistent with the identified goals and objectives of the CATPA. 7.3. PROGRAM MONITORING. The Board will monitor program implementation, financial administration, and achievement of declared program objectives consistent with §42-5-112 (3), CRS, these rules, and the CATPA GMG, as applicable. 7.4. BOARD FEEDBACK: The Board will provide feedback to grant recipients submitting or failing to submit required monthly reports, or as appropriate and consistent with the statute, the goals and objectives of CATPA, these rules, and the CATPA GMG. 7.5. FAILURE TO PERFORM. In the event a grant recipient fails to perform or complete required monthly financial and program progress/achievement reports, the Board may: 7.5.1. Elect to apply a Program Improvement Plan to the recipient to rehabilitate performance. 7.5.2. Recommend to the Director of the CDPS or his or her designee for revocation or suspension of the recipient’s grant agreement, or 7.5.3. Recommend to the Director of the CDPS or his or her designee not to reimburse expenses.

Failure to perform or rehabilitate may also affect future consideration of applications submitted to the Board by the same applicant.

CATPA 8. CATPA ANNUAL GRANT PROGRAM REPORTING

The Board will submit an annual report to the Executive Director’s Office concerning the benefit of CATPA Programs funded during the previous state fiscal year, ending June 30TH of every year. This report will include, but need not limit itself to: 8.1. The number, type of initiative, geographic distribution, and award amounts of grant projects funded. 8.2. The number and, if available, the per capita rate of reported stolen vehicles in geographical state areas during the state fiscal year concluding on June 30th, as compared to the prior state fiscal year. 8.2.1 The report will correlate as much as is reasonable the relationship between the existence of a CATPA Funded Program and the rate of automobile theft in an area. 8.3. An analysis of the estimated return of investment on the use of the CATPA Funds, which may include anecdotal, innovative, or non-statistical information demonstrating benefits realized in exchange for the investment of grant funds, and/or statistical data demonstrating: 8.3.1. The cost of investment identifying the expenditure of CATPA Grant Funds, 8.3.2. The value of investment resulting from the use of the CATPA Grant Funds, such as: 8.3.2.1. The number of recovered stolen vehicles attributed by CATPA-funded programs multiplied by the average dollar loss of a stolen vehicle as estimated by industry standards (e.g., Kelly’s Blue Book, etc.) or the FBI analysis of motor vehicle theft using the Survival Model, or 8.3.2.2. The number of grant-funded activities multiplied by an average dollar value in addressing automobile theft, or 8.3.3. The return on investment of the CATPA Program is calculated by summing the difference between the total cost of investment and the value of investment and then dividing by the cost of the investment. The result of the return on investment will yield a percentage performance measure to be used to evaluate the efficacy of the CATPA Program. 8.4. As annual data is available and accumulates, the annual report will compare current year data against data from prior years to reveal trends in automobile theft, automobile theft-related crimes, and the potential effect of programs addressing either.

CATPA 9. PUBLICATIONS INCORPORATED BY REFERENCE

All publications, standards, guidelines, and rules adopted and/or incorporated by reference in these rules will be made available for public inspection at any state publications depository library as required by §24- 4-103 (12), CRS. 9.1. The following publications, standards, guidelines, and/or rules are adopted within these rules consistent with §24-4-103 (12.5), CRS. 9.1.1. Colorado Automobile Theft Prevention Authority (2024). CATPA Grant Managers Guidance Manual. Lakewood, Colorado: Author. 9.2. The CSP CATPA Business Unit and the Board shall maintain copies of the complete texts of these rules and any incorporated or adopted publications, standards, guidelines, and rules and make each available for public inspection during regular business hours. Interested parties may contact the Board or the CSP CATPA Business Unit by phone at 303-239-4560 or by email at CDPS_CATPA@STATE.CO.US. Interested parties may also access the following material(s) at their convenience online: 9.2.1. Colorado Automobile Theft Prevention Authority (2024). CATPA Grant Managers Guidance Manual. HTTPS://LOCKDOWNYOURCAR.ORG/GRANTS/. 9.3. These rules do not include later amendments to or editions of any publications, standards, guidelines, or rules incorporated by reference herein except for statutorily mandated updates or forms and publications controlled by CATPA.

CATPA 10. SEVERABILITY

If any provision of these rules or the application thereof to any person or circumstance is determined to be unlawful or invalid, the remaining provisions of these rules will not be affected absent a specific reference. _________________________________________________________________________ Editor’s Notes

History Rules CATPA 1-12 eff. 6/30/04.

Rules CATPA 5, CATPA 6, CATPA 7, CATPA 10, and CATPA 11 eff. 5/1/05.

Entire rule eff. 04/30/2009.

Entire rule eff. 12/30/2020.

Entire rule eff. 07/01/2024.

Annotations Rules CATPA 5, CATPA 6, CATPA 7, CATPA 10, and CATPA 11 (adopted 5/6/04) were not extended by Senate Bill 05-183 and therefore expired 5/15/05; Rules CATPA 5, CATPA 6, CATPA 7, CATPA 10, and CATPA 11 (adopted 3/17/05) were repealed by Senate Bill 05-183 effective 05/15/05.

1507 Executive Director of the Colorado Department of Public Safety

8 CCR 1507-70 School Access for Emergency Response (safer) Grant Program {#sec-8-ccr-1507-70 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-70}

DEPARTMENT OF PUBLIC SAFETY

SCHOOL ACCESS FOR EMERGENCY RESPONSE (SAFER) GRANT PROGRAM

8 CCR 1507-70 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 1. Authority This regulation is adopted pursuant to the authority in C.R.S. § 24-33.5-2104 and is intended to be consistent with the requirements of the State Administrative Procedures Act, C.R.S. § 24-4-101 et seq.

(the “APA”).

2. Scope and Purpose This regulation shall govern the implementation of the School Access for Emergency Response (SAFER)

Grant Program, which includes the time frames for applying for these grants, the form of the grant program application, and the time frames for distributing grant funds.

3. Applicability The provisions of these rules shall be applicable to all eligible applicants and recipients of grant funds as provided by law.

4. Definitions “School” means a school district, public school within a school district, local educational agency (LEA), charter school authorized by a school district pursuant to part 1 of article 30.5 of title 22, charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of title 22, or board of cooperative services created and operating pursuant to article 5 of title 22 that operates one or more public schools.

“Recipient” means an eligible applicant receiving an award.

“Award” means financial assistance grant that provides support to accomplish a public purpose given by the state to an eligible recipient.

“Period of Performance” means the period of time during which the recipient is required to complete the grant activities and to receive and expend approved funds.

“Memorandum of understanding” means an agreement between two or more parties that is not legally binding to formalize a working relationship.

“Crisis Management Plan” means a plan including tactical strategies and actions for responding to an emergency.

“Interoperability” means the ability of one or more radio systems to communicate with another radio system and other communications devices.

“Interoperable Technology” means software and/or hardware that enables two different radio systems and other devices to communicate, exchange data and use the information which has been exchanged.

“Other Communications Network” means any public or private wire or wireless communications network that allows for real-time voice or data communications between a public safety 911 answering point, schools, and first responders.

“Radio System” means a private network for voice communications.

“Safety Teams” means personnel who have role in crisis management plans.

5. Program Requirements 5.1 Eligibility A. The applicant must be a school or a public safety communications system owner in order to apply.

B. Eligible school applicants are required to have a memorandum of understanding with any of its regional public safety 911 answering points or the local law enforcement agency or agencies which serve the school for communications interoperability to be eligible to apply.

C. Eligible applicants must submit an application developed by the Office of School Safety Grants Management Office in conformance with the application and the terms of the program guidance described below.

D. The grant funds may only be used for the following purposes:

1. To deliver training programs to teach district-based security personnel and appropriate school personnel basic procedures for effective communications with first responders during an emergency;

2. To implement an interoperable technology solution to provide or to upgrade the following:

a. A system or technology that can be activated and deactivated by the public safety 911 answering point, the network administrator, and the school, using both the radio system and other communications networks;

b. Radio and other technology bridge ability that is not radio vendor specific for connecting independent school networks across the school district and public safety networks in the regions; and c. An interoperability solution that operates over radio networks and other communications networks;

3. To maintain or improve a school’s existing interoperable communication hardware or software or to provide interoperable communication hardware and/or software to a school that does not yet have it; and 4. For any necessary radio system capacity expansions where school loading has been determined to have significant impact on public safety system loading.

E. The grant agreement between the State and the recipient(s) of the grant program will specify additional requirements, including, but not limited to: performance measures, reporting requirements, and monitoring of recipient’s activities and expenditures.

F. Additionally, the following criteria will be evaluated in awarding any grant:

1. The likelihood that funding of the application will improve communications between the school and first responder communication systems;

2. The extent to which the school is fully compliant with the Colorado School Response Framework pursuant to sections 22-32-109.1 (4) or 22-30.5-503.5, C.R.S.; and 3. Whether the school has a crisis management plan in place with safety team members designated for communications with first responders. 5.2 Award Details A. Period of Performance: 6 months for Year 1; 12 months for Year 2 - Year X (see below)

B. Funding Instrument: Discretionary Grant (Upon legislation designated funding) 5.3 Time Frames for Application A. Time Frames Year 1:

Application Submission Deadline: December 3, 2018; 5:00 PM MST Grant Awarded to Applicants Deadline: December 31, 2018 Grant Fund Distribution Deadline: January 30, 2019 Period of Performance – 6 months: December 31, 2018 – June 30, 2019 Year 2 - Year X (2019 - 20XX):

Application Submission Deadline: May 15, 20XX; 5:00 PM MST Grant Awarded to Applicants Deadline: July 1, 20XX Grant Fund Distribution Deadline: August 1, 20XX Period of Performance – 12 months: July 1, 20XX – June 30, 20XX B. Restrictions 1. Applications that are not submitted by the stated Application Submission Deadline will not be reviewed or considered for funding.

2. Pre-Award Costs are NOT allowed under this program (costs incurred or work completed prior to the award date). 5.4 Application Submissions A. Applicants can submit their signed application via U.S. mail or via email as listed in the grant application. 5.5 Grant Guidance The Executive Director’s Office, Office of School Safety is responsible for the implementation of this grant program and will develop and publish a grant application and guidance. _________________________________________________________________________ Editor’s Notes

History New rule eff. 11/30/2023.

8 CCR 1507-71 School Security Disbursement Program {#sec-8-ccr-1507-71 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-71}

DEPARTMENT OF PUBLIC SAFETY

SCHOOL SECURITY DISBURSEMENT PROGRAM

8 CCR 1507-71 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 1. Authority This regulation is adopted pursuant to the authority in Section 24-33.5-1810 (7), C.R.S. and is intended to be consistent with the requirements of the State Administrative Procedures Act, section 24-4-101 et seq., C.R.S. (the “APA”).

2. Scope and Purpose This regulation shall govern the implementation of the School Security Disbursement Program, which includes the time frames for applying for this program, the form of the program application, and the time frames for distributing program funds.

3. Applicability The provisions of these rules shall be applicable to all eligible applicants and recipients of program funds as provided by law.

4. Definitions “Disbursement Program” means the School Security Disbursement Program to disburse funds to local education providers for the purpose set forth in § 24-33.5-1810(3), C.R.S. to improve security in public school facilities or vehicles.

“Eligible entity” means a local education provider, or a combination of local education providers, or an eligible nonprofit organization.

“Eligible nonprofit organization” means a nonprofit organization that is exempt from taxation under section 501(c)(3) of the federal “Internal Revenue Code of 1986”, as amended, that applies to work with specific local education providers or first responders, and that:

(I) Has experience providing training for school safety incident response;

(II) Has experience working with law enforcement agencies and other first responders;

(III) Has experience working with school districts, school personnel, and students on issues related to school safety incident response; and (IV) Identifies in its application local education providers or first responders that will participate in school safety incident response training or programs.

“Local Education Provider” means a school district, a charter school that is authorized pursuant to part 1 of article 30.5 of title 22, an institute charter school authorized pursuant to part 5 of article 30.5 of title 22, or board of cooperative services as defined in Section 22-5- 103, C.R.S.

“Recipient” means an eligible entity receiving an award from the disbursement program.

“Award” means financial assistance that provides support to accomplish a public purpose given by the state to an eligible recipient.

“Period of Performance” means the period of time during which the recipient is required to complete the approved activities and to receive and expend approved funds.

“Match Amount or Local Share” means the portion of the project borne by the applicant, not borne by the State. Local share can include cash and/or in-kind non-cash contributions.

5. Program Requirements 5.1 Eligibility A. The disbursement program shall accept and review applications for awards from eligible entities only.

B. In order to be considered for an award from the disbursement program, eligible entities must submit an application developed by the Executive Director’s Office, Office of School Safety in conformance with the application and the terms of the program guidance described below.

C. The program funds may only be used for the following purposes:

1. Capital construction that improves the security of a public school facility or public school vehicle, including any structure or installed hardware, device, or equipment that protects a public school facility or public school vehicle and the students, educators, and other individuals who attend, work in, or visit a public school facility or are transported in a public school vehicle from threats of physical harm including but not limited to any structure or installed hardware, device, or equipment that:

a. Prevents the entry of unauthorized individuals into a public school facility or a protected space within a public school facility or onto a public school vehicle; or b. Can be used to expedite communication when a threat is present;

2. Training in student threat assessment for all school building staff who have contact with students, which must include best practices for conducting threat assessments, such as instruction on how to prevent bias when conducting a threat assessment;

3. In collaboration with local law enforcement agencies, providing the training for peace officers on interactions with students at school;

4. School emergency response training for all school building staff;

5. Programs to help students become more resilient in meeting the daily challenges they face without resorting to violence against themselves or others, including addressing the fundamental causes of violence and aggression and helping students become responsible members of their schools, neighborhoods, communities, and families;

6. Developing and providing training programs, curricula, and seminars related to school safety incident response;

7. Developing best practices and protocols related to school safety incident response;

8. Implementing a school resource officer program; and 9. Implementing a co-responder program.

D. The contract agreement between the State and the recipient(s) of the program will specify additional requirements, including, but not limited to: performance measures, reporting requirements, and monitoring of recipient’s activities and expenditures.

E. Additionally, the following criteria will be evaluated in awarding any grant:

1. The likely effectiveness of the applicant’s use of the disbursed money to improve security in public school facilities or vehicles; and 2. The availability and commitment of the applicant to use financial resources (cash or inkind) to provide local matches to support this program. 5.2 Award Details A. Period of Performance: Twenty-eight (28) Months B. Funding Instrument: Discretionary 5.3 Time Frames for Application A. Time Frames Application Submission Deadline: January 5, 20xx; 5:00 PM MST Grant Awarded to Applicants Deadline: March 1, 20xx Grant Fund Distribution Deadline: April 30, 20xx Period of Performance – 28 months: March 1, 20xx – June 30, 20xx B. Restrictions 1. Applications that are not submitted by the stated application submission deadline will not be reviewed or considered for funding.

2. Pre-award costs are NOT allowed under this program (costs incurred or work completed prior to application). 5.4 Application Submissions A. Applicants must submit a hard copy of their signed application via U.S. mail and email an electronic copy of their application as specified in the program application. 5.5 Grant Guidance The Executive Director’s Office, Office of School Safety is responsible for the implementation of this grant program and will develop and publish a grant application and guidance. _________________________________________________________________________ Editor’s Notes

History New rule eff. 11/30/2023.

Rules 4, 5.1 emer. rules eff. 01/11/2024; expired 05/10/2024.

Entire rule eff. 05/30/2024.

8 CCR 1507-75 First Responder Death Benefit {#sec-8-ccr-1507-75 omnilex-key=us-co-regs-official--department-17--8 CCR 1507-75}

DEPARTMENT OF PUBLIC SAFETY

FIRST RESPONDER DEATH BENEFIT

8 CCR 1507-75 [Editor’s Notes follow the text of the rules at the end of this document.] ________________________________________________________________________ Applicability

Article 1 - Authority 1.1 The Executive Director of the Colorado Department of Public Safety is authorized by the provisions of Section 24-33.5-122 (4), Colorado Revised Statutes, to establish rules regarding the administration of the First Responder Death Benefit Fund created in Section 24-33.5-122 (4)(e)(I), C.R.S. 1.2 These rules are intended to be consistent with the requirements of the State Administrative Procedure Act, Section 24-4-101 et seq., C.R.S. (the “APA”).

Article 2 - Definitions 2.1 The definitions provided in Section 24-33.5-122 (1), C.R.S. apply to these rules. The following additional definitions also apply:

“C.R.S.” means the Colorado Revised Statutes.

“Department” means the Colorado Department of Public Safety.

“Emergency Medical Service Provider” means an individual who holds an emergency medical service provider certificate or license issued by the Department of Public Health and Environment.

“Executive Director” means the Executive Director of the Colorado Department of Public Safety.

“First Responder Line of Duty Death” means the death of a first responder as the direct and proximate result of a personal injury sustained while performing their official first responder job duties or because of an occupational disease arising out of and in the course of their employment of service as a first responder.

Article 3 - Application Process 3.1 Applicants must submit a written request in the application developed by the Department and available on the Department’s public website at https://publicsafety.colorado.gov. 3.1.1 Applicants who need assistance with the application process or require accessibility support should contact the First Responder Death Benefit Administrator via phone, email, or postal service at: Colorado Department of Public Safety, Executive Director’s Compliance Office, First Responder Death Benefit Program Administrator at 700 Kipling St., Suite 4000, Lakewood, CO 80215.

Article 4 - Review of Eligibility 4.1 The Executive Director shall make the determination of eligibility for benefit payment from the death benefit fund. 4.1.1 Death benefit payment eligibility criteria is met minimally if a first responder has died on or after November 5, 2024, as a direct and proximate result of a personal injury sustained while performing their official duties or because of an occupational disease arising out of and in the course of their employment or service as a first responder as defined in these rules and in Section 24-33.5-122(1)(c).

a. In accordance with the eligibility criteria listed above, if the first responder has died after separation from service as a first responder, while on an authorized leave of absence as a first responder, or while performing qualified military service, as defined in 26 U.S.C. sec. 414 (u)(5), a benefit shall be paid to a payee in connection with that first responder in accordance with Article 5.2 of these rules.

Article 5 - Benefit Payment 5.1 The Department shall pay a benefit of one million dollars from the death benefit fund if the indicated payee is living on the date on which the Executive Director makes the determination described in Section 24-33.5-122(4)(a)(I), C.R.S. 5.2 The payment of survivor benefits from the fund shall be made in accordance with statute as follows:

A. If there is no child who survived the first responder, to the surviving spouse of the first responder.

B. If there is at least one child who survived the first responder and a surviving spouse, fifty (50) percent to the surviving spouse and fifty (50) percent to the surviving child or children in equal shares.

C. If there is no surviving spouse of the first responder, to the surviving child or children in equal shares.

D. If there is no surviving spouse of the first responder and no surviving child, to the surviving individual or individuals designated by the first responder in the most recently executed designation of beneficiary on file at the time of death with the governing body or state agency, apportioned in accordance with the designation of beneficiary or, if apportionment is not indicated, in equal shares.

E. If there is no surviving spouse of the first responder, no surviving child of the eligible first responder, and no individual qualifying as a recently executed designated beneficiary on file at the time of death with the governing body or state agency, to the surviving beneficiaries under the most recently executed life insurance policy of the first responder on file at the time of death with the governing body or state agency, apportioned in accordance with the insurance policy or, if apportionment is not indicated, in equal shares.

F. If there is no individual qualifying under subsections 5.2 A-E of these rules, to the surviving parent or parents, in equal shares, of the first responder.

G. If the Executive Director is unable to identify an individual described in subsections 5.2 A- F of these rules, then no payment is made for that first responder pursuant to Section 24- 33.5-122(4)(a)(I), C.R.S. 5.3 A benefit payment shall not be used to offset or reduce payments available from any other source, including a public disability plan or insurance plan, private disability plan or insurance plan, or benefits provided under Colorado’s workers’ compensation law. 5.4 If a conflict arises between the beneficiary or beneficiaries appointed in the decedent’s designation of beneficiary on file at the time of death and those described in Section 24-33.5- 122(4)(a)(I), C.R.S., the provisions of the statute will control.

Article 6 - Determination of Tax Liability 6.1 An eligible payee who meets the requirements to file a Colorado income tax may qualify for federal income tax exemption for a death benefit payment in accordance with the federal Internal Revenue Code of 1986 (26 U.S. Code § 101(h). 6.1.1. In general, a payment under this Rule qualifies for line-of-duty status under Section 101(h) of the Federal “Internal Revenue Code of 1986” when the payment is a survivor annuity on account of the death of a public safety officer (as such term is defined in

section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968, as in effect immediately before the enactment of the National Defense Authorization Act for Fiscal Year 2013) killed in the line of duty:

a. If such annuity is provided, under a governmental plan which meets the requirements of section 401(a), to the spouse (or a former spouse) of the public safety officer or to a child of such officer; and b. To the extent such annuity is attributable to such officer’s service as a public safety officer. 6.1.2. In general, Article 6.1.1 of these rules shall not apply with respect to the death of any public safety officer if, as determined in accordance with the provisions of the Omnibus Crime Control and Safe Streets Act of 1968:

a. The death was caused by the intentional misconduct of the officer or by such officer’s intention to bring about such officer’s death;

b. The officer was voluntarily intoxicated (as defined in section 1204 of such Act) at the time of death;

c. The officer was performing such officer’s duties in a grossly negligent manner at the time of death; or d. The payment is to an individual whose actions were a substantial contributing factor to the death of the officer. 6.1.3 The Executive Director shall issue an opinion as to whether a payment made pursuant to

Section 24-33.5-122(4), C.R.S. and to these rules qualifies for line-of-duty status under

Section 101(h) of the Federal “Internal Revenue Code of 1986” and whether any of the exceptions specified in Section 101(h)(2) of the Federal “Internal Revenue Code of 1986” are applicable.

a. The Executive Director shall inform the taxpayer who receives the payment and the Department of Revenue of the Executive Director’s decision. 6.2 If the Executive Director issues an opinion stating that a payment made under this subsection does not qualify for a federal tax exemption under Section 101(h), the Executive Director shall provide the Department of Revenue and the beneficiary of the payment any information deemed necessary by the Department of Revenue necessary under Section 39-22-104(4)(ee). 6.3 For income tax years commencing on or after January 1, 2026, for a taxpayer who receives a payment pursuant to Section 24-33.5-122(4) that does not qualify for the federal income tax exemption described in Section 101(h) of the Federal “Internal Revenue Code of 1986,” including a payment that does not qualify as a result of the exceptions described in Section 101(h)(2) of the Federal “Internal Revenue Code of 1986,” Section 39-22-104(ee). C.R.S. shall apply.

Article 7 - Appeal of Eligibility 7.1 Appeals regarding death benefit payment eligibility, including eligible beneficiaries and share distribution, may be submitted to the Executive Director in writing within (30) calendar days of receipt of the eligibility determination notification in accordance with the appeals process found on the Department’s public website at https://publicsafety.colorado.gov. 7.1.1 The notice of appeal must contain the factual basis explaining why the determination is incorrect and should include any relevant supporting documentation. 7.2 The Executive Director shall hold a hearing to review such appeals and take final action in accordance with Section 24-4-105, C.R.S. Final agency action shall be subject to judicial review pursuant to Section 24-4-106, C.R.S. 7.3 The Executive Director will issue a final written decision within forty-five (45) of the receipt of the appeal.

Article 8 - Severability 8.1 If any provision of application of these rules is held invalid, all other provisions and applications of these rules will remain in effect.

Article 9 - Materials Incorporated by Reference 9.1 The following material is hereby incorporated by reference into 8 CCR 1507-75 First Responder Death Benefit Administration, pursuant to Section 24-4-103(12.5), C.R.S., and do not include any later amendments.

A. Federal Internal Revenue Code of 1986, 26 U.S Code Sections 101(h)(1) and 101(h)(2); this code section is incorporated by reference into these rules and available online at https://www.govinfo.gov/content/pkg/USCODE-2023-title26/pdf/USCODE-2023-title26subtitle A-chap1-subchapB-partIII-sec101.pdf.

B. Omnibus Crime Control and Safe Streets Act of 1968 is Pub. L. 90–351, June 19, 1968, 82 Stat. 197. Section 1204 of the Act is classified to section 10284 of Title 34, Crime Control and Law Enforcement. Section 1204 of the Act, as in effect immediately before the enactment of the National Defense Authorization Act for Fiscal Year 2013, means

section 1204 prior to its amendment by Pub. L. 112–239, div. A, title X, §1086(b)(1)(E), Jan. 2, 2013, 126 Stat. 1967; this public law is incorporated by reference into these rules and available online at https://www.govinfo.gov/content/pkg/COMPS-1696/pdf/COMPS- 1696.pdf. 9.2 The Colorado Department of Public Safety will maintain copies of the material incorporated by reference into these rules, which are available for public inspection during regular business hours.

Interested parties may inspect the referenced incorporated materials and/or obtain copies at no cost from the Colorado Department of Public Safety, Executive Director’s Compliance Office at 700 Kipling St., Suite 4000, Lakewood, CO 80215 or the Colorado State Publications Depository Libraries at https://www.cde.state.co.us/stateinfo/sldepsit.

Article 10 - Inquiries 10.1 All questions or requests for accessibility support, application assistance, and/or interpretation of these rules should be submitted in writing to the Colorado Department of Public Safety, Executive Director’s Compliance Office, Community Services Program Manager at 700 Kipling St., Suite 4000, Lakewood, CO 80215. ________________________________________________________________________ Editor’s Notes

History New rule eff. 01/01/2026.