Colorado Boiler & Pressure Vessel Law

Colorado Code · 39 sections

The following is the full text of Colorado’s boiler & pressure vessel law statutes as published in the Colorado Code. For the official version, see the Colorado Legislature.

C.R.S. § 10-3-102

10-3-102. Purpose of organization or admittance. (1) Any domestic insurance company having the required amount of capital or guaranty fund and surplus, when permitted by its articles of incorporation or charter, may be authorized and licensed by the commissioner to make insurance under one of the following paragraphs:

(a)  To make insurance or reinsurance on dwelling houses, stores, and all

kinds of buildings and household furniture, and other property against loss or damage, including loss of use or occupancy, by fire, lightning, windstorm, tornado, cyclone, earthquake, hail, bombardment, invasion, insurrection, riot, civil war or commotion, military or usurped power, and by explosion whether fire ensues or not; also against loss or damage by water or other fluid to any goods or premises arising from the breakage or leakage of sprinklers, pumps, or other apparatus erected for extinguishing fires or of other conduits or containers or by waters entering through leaks or openings in buildings and of water pipes, and against accidental injury to such sprinklers, pumps, apparatus, conduits, containers, or water pipes, and upon vessels, boats, cargoes, goods, merchandise, freights, and other property against loss or damage by any of the risks of lake, river, canal, inland, and ocean navigation and transportation, including all personal property floater risks and including insurance upon automobiles and all types of aircraft, whether stationary or being operated under their own power, which include all of the hazards of fire, explosion, transportation, collision, loss by legal liability for damage to persons and to property resulting from the maintenance and use of automobiles, and airplanes, seaplanes, dirigibles, or other aircraft, and loss by burglary or theft, vandalism, or malicious mischief, or the wrongful conversion, disposal, or concealment of automobiles, and all types of aircraft, whether held under conditional sale contract or subject to chattel mortgages or any one or more of such hazards;

(b)  To make insurance or reinsurance upon the lives of persons, and every

insurance pertaining thereto or connected therewith, including health and accident insurance, and to grant, purchase, or dispose of annuities, group annuities, unallocated annuities, guaranteed investment contracts, and funding agreement contracts;

(c)  To make any of the following kinds of insurance, or reinsurance:


(I)  Upon the health of persons;


(II)  Against injury, disablement, or death of persons, resulting from traveling

or from accidents by land or water;

(III)  Upon the lives of horses, cattle, and other livestock;


(IV)  Upon plate glass against breakage;


(V)  Upon steam boilers, flywheels, and other forms of liability insurance,

against explosion and against loss by damage to life or property resulting therefrom;

(VI)  Against loss by burglary or theft or both;


(VII)  To engage in the business of suretyship, and guaranteeing the fidelity of

persons holding places of trust, public or private;

(VIII)  Full coverage for motor vehicles;


(IX)  All forms of casualty insurance, including all personal property floater

risks;

(d)  To make insurance or reinsurance upon any of the risks set forth in

paragraphs (a) and (c) of this subsection (1);

(e)  To make title insurance or reinsurance.


(2)  Any foreign or alien insurance company having the required amount of

capital or guaranty fund, surplus, and deposit, when permitted by its articles of incorporation or charter and by the proper insurance supervisory authority of its domiciliary jurisdiction, may be authorized and licensed by the commissioner to make insurance under any one of the subsections of this section if otherwise qualified according to law.

(3)  No foreign, alien, or domestic insurance company, excluding life

insurance companies and title insurance companies, shall expose itself to loss in an amount exceeding ten percent of its paid-up capital or guaranty fund and surplus on any one risk or hazard, unless the same is reinsured through an insurance company which is licensed or accredited in this state, or otherwise through an insurance company acceptable to the commissioner.

(4)  Any insurance company authorized to transact the business of title

insurance under section 72-1-41 (4)(i), C.R.S. 1963, prior to July 1, 1969, shall not, by reason of the provisions of this part 1, be prohibited from transacting said business.

Source: L. 13: p. 344, � 29. C.L. � 2500. CSA: C. 87, � 27. L. 47: p. 597, � 1. L.

51: p. 481, � 1. CRS 53: � 72-1-41. L. 57: p. 458, � 1. C.R.S. 1963: � 72-1-41. L. 69: p. 527, �� 3, 4. L. 92: (3) amended, p. 1423, � 3, effective July 1. L. 2000: (1)(b) amended, p. 1729, � 1, effective August 15.

Cross references: For the nonapplicability of subsection (3) to pure captive

insurance companies, see � 10-6-130 (1).

C.R.S. § 12-10-901

12-10-901. Definitions. As used in this part 9, unless the context otherwise requires:

(1)  Gas-fueled appliance means a furnace, HVAC system, boiler, water

heater, oven, stove, or dryer that directly combusts a gaseous or liquid fuel to provide services within a home.

(2)  Heat pump means an electrical device that uses a refrigeration cycle to:


(a)  Heat the internal space of a structure by transferring thermal energy

from outside of the structure to inside the structure; or

(b)  Cool the internal space of a structure by transferring thermal energy

from the inside of the structure to the outside of the structure.

(3)  Home warranty service company or company means any person that

undertakes a contractual obligation on a new or preowned home through a home warranty service contract.

(4) (a)  Home warranty service contract means any contract or agreement

whereby a person undertakes for a predetermined fee, with respect to a specified period of time, to maintain, repair, or replace any or all of the following elements of a specified new or preowned home:

(I)  Structural components, such as the roof, foundation, basement, walls,

ceilings, or floors;

(II)  Utility systems, such as electrical, air conditioning, plumbing, HVAC, and

heating systems, including furnaces; and

(III)  Appliances, such as stoves, washers, dryers, and dishwashers.


(b)  Home warranty service contract does not include:


(I)  Any contract or agreement whereby a public utility undertakes for a

predetermined fee, with respect to a specified period of time, to repair or replace any or all of the elements of a specified new or preowned home as specified in subsection (4)(a)(II) or (4)(a)(III) of this section; or

(II)  A builder's warranty provided in connection with the sale of a new home.


(5)  HVAC system means a heating, ventilation, and air conditioning system.


(6)  Person includes an individual, company, corporation, association, agent,

and every other legal entity.

(7)  Preowned means any of the following that is occupied as a residence

and not owned by the builder-developer or first occupant:

(a)  A single-family residence;


(b)  A residential unit in a multiple-dwelling structure; or


(c)  A mobile home on a foundation.


Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

715, � 1, effective October 1. L. 2023: Entire section amended, (HB 23-1134), ch. 43, p. 165, � 2, effective August 7.

Editor's note: This section is similar to former � 12-61-602 as it existed prior

to 2019.

Cross references: For the legislative declaration in HB 23-1134, see section 1

of chapter 43, Session Laws of Colorado 2023.

C.R.S. § 12-10-903

12-10-903. Contract requirements. (1) Every home warranty service contract shall contain the following information:

(a)  A specific listing of all items or elements excluded from coverage;


(b)  A specific listing of all other limitations in coverage, including the

exclusion of preexisting conditions if applicable;

(c)  The procedure that is required to be followed in order to obtain repairs or

replacements;

(d)  A statement as to the time period, following notification to the company,

within which the requested repairs will be made or replacements will be provided;

(e)  The specific duration of the home warranty service contract, including an

exact termination date that is not contingent upon an unspecified future closing date or other indefinite event;

(f)  A statement as to whether the home warranty service contract is

transferable;

(g)  A statement that actions under a home warranty service contract may be

covered by the provisions of the Colorado Consumer Protection Act or the Unfair Practices Act, articles 1 and 2 of title 6, and that a party to such a contract may have a right of civil action under those laws, including obtaining the recourse or penalties specified in those laws.

(2) (a)  A home warranty service contract issued or renewed in this state on or

after July 1, 2024, that provides coverage for the replacement of a gas-fueled appliance must include terms:

(I)  Allowing the homeowner the option to replace the gas-fueled appliance

with a similar device of the homeowner's choosing that operates on electricity rather than gas. A home warranty service contract may require a homeowner to pay any additional cost to replace a gas-fueled appliance with an appliance that has a cost that exceeds the cost of replacing the gas-fueled appliance with another gas-fueled appliance under the terms of the home warranty service contract; except that any additional cost to the homeowner for the replacement electric appliance, excluding any installation or other associated costs, must not exceed the retail cost of the replacement electric appliance minus the retail cost of a replacement gas-fueled appliance.

(II)  Providing that the home warranty service company is required to provide

a replacement appliance that satisfies the efficiency requirements set forth in article 7.5 of title 6 and any other state law.

(b) (I)  In the case of replacement of a gas-fueled furnace, HVAC system,

boiler, or water heater, a home warranty service contract must include terms that allow the homeowner to replace the furnace, HVAC system, boiler, or water heater with a heat pump-based system.

(II)  In the case of replacement of a gas-fueled stove, a home warranty

service contract must include terms that allow the homeowner to replace the gas-fueled stove with either an electric stove or an induction stove, at the homeowner's discretion.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

716, � 1, effective October 1. L. 2023: (2) added, (HB 23-1134), ch. 43, p. 166, � 3, effective August 7.

Editor's note: This section is similar to former � 12-61-611.5 as it existed prior

to 2019.

Cross references: For the legislative declaration in HB 23-1134, see section 1

of chapter 43, Session Laws of Colorado 2023.

C.R.S. § 24-1-121

24-1-121. Department of labor and employment - creation. (1) There is hereby created the department of labor and employment, the head of which shall be the executive director of the department of labor and employment, which office is hereby created. The governor shall appoint said executive director, with the consent of the senate, and the executive director shall serve at the pleasure of the governor. The reappointment of an executive director after initial election of a governor shall be subject to the provisions of section 24-20-109. The executive director shall have the powers, duties, and functions prescribed for heads of principal departments in the Administrative Organization Act of 1968, article 1 of this title.

(1.5)  The department of labor and employment includes, as part of the office

of the executive director, the industrial claim appeals office, created in section 8-1-102. The industrial claim appeals office is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department.

(2)  The industrial commission of Colorado, created by article 1 of title 8,

C.R.S., and its powers, duties, and functions, except those powers, duties, and functions transferred to the state board of pharmacy and the industrial claim appeals office, are transferred by a type 3 transfer to the department of labor and employment, and the industrial commission of Colorado is abolished.

(3)  The department of labor and employment consists of the following

divisions and programs:

(a) (I)  The division of labor standards and statistics, the head of which is the

director of the division of labor standards and statistics, created in section 8-1-103. The division and the division's director are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions specified by law under the department of labor and employment.

(II)  (Deleted by amendment, L. 91, p. 1338, � 55, effective July 1, 1991.)


(b)  The division of employment and training, the head of which is the director

of the division of employment and training, created in section 8-83-102. The division and the division's director are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of labor and employment.

(c)  Repealed.


(d) (I)  The division of workers' compensation, the head of which is the

director of the division of workers' compensation, created in section 8-47-101. The division and the division's director are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of labor and employment.

(II)  Repealed.


(e)  The division of oil and public safety, the head of which is the director of

the division of oil and public safety, which division and office are created pursuant to section 8-20-101. The division and the division's director are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions specified by law under the department of labor and employment.

(f)  The state work force development council, created in article 46.3 of this

title 24. The council is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of labor and employment.

(g)  The division of unemployment insurance, the head of which is the director

of the division of unemployment insurance, created in article 71 of title 8. The division and the division's director are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of labor and employment.

(h)  The powers, duties, and functions relating to vocational rehabilitation

programs, including the business enterprise program, as described in article 84 of title 8.

(i)  The powers, duties, and functions relating to the oversight of independent

living services pursuant to article 85 of title 8.

(j)  The underground damage prevention safety commission, created in

section 9-1.5-104.2. The commission is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of labor and employment.

(k)  The office of new Americans, or ONA, created in article 3.7 of title 8,

the head of which is the director of the ONA. The ONA and the director are type 1 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of labor and employment.

(l)  The state apprenticeship agency created in section 8-15.7-102. The state

apprenticeship agency is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs the duties and functions specified by article 15.7 of title 8 under the department of labor and employment and the executive director of the department.

(m)  The office of future of work, the head of which is the director of the

office of future of work, created in section 8-15.8-103. The office of future of work and the office's director are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions specified by law under the department of labor and employment.

(n)  The Colorado disability opportunity office, or CDOO, created in section

8-88-102, the head of which is the director of the CDOO. The CDOO is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of labor and employment.

(4)  The division of oil and public safety includes the following:


(a)  Repealed.


(b)  The division of boiler inspection, created in article 4 of title 9. The division

of boiler inspection is a type 2 entity, as defined in section 24-1-105. The division exercises its powers and performs its duties and functions under the department of labor and employment and is allocated to the division of oil and public safety as a section thereof.

(c)  (Deleted by amendment, L. 2001, p. 1113, � 2, effective June 5, 2001.)


(d) and (e)  Repealed.


(5)  The petroleum storage tank committee is a type 1 entity, as defined in

section 24-1-105, and exercises its powers and performs the duties and functions specified by article 20.5 of title 8 under the department of labor and employment and the executive director thereof.

(6)  The special funds board, created in section 8-44-206, is a type 2 entity,

as defined in section 24-1-105.

(7)  The workers' compensation cost containment board, created in the

division of workers' compensation in section 8-14.5-104, is a type 2 entity, as defined in section 24-1-105.

Source: L. 68: p. 84, � 21. L. 69: p. 567, � 1. C.R.S. 1963: � 3-28-21. L. 71: p.

104, � 11. L. 73: p. 935, � 25. L. 75: (4)(d) repealed, p. 443, � 6, effective April 15; (4)(e) added, p. 214, � 41, effective July 16. L. 76: (3)(b) amended, p. 352, � 21, effective October 1. L. 77: (3)(b) amended, p. 281, � 30, effective July 1. L. 80: (4)(e) repealed, p. 451, � 6, effective April 13. L. 83: (3)(a) and (3)(b) amended, p. 404, � 3, effective May 25. L. 86: (3)(c) repealed, p. 540, � 54, effective May 3; (1) amended, p. 885, � 8, effective May 23; (1.5) added and (2) R&RE, p. 463, �1, effective July 1. L. 87: (4)(a) repealed, p. 378, � 4, effective May 20. L. 89: (3)(a) amended, p. 379, � 3, effective July 1. L. 90: (3)(a)(II)(A) amended, p. 567, � 44, effective July 1. L. 91: (3) amended, p. 1338, � 55, effective July 1. L. 94: (1) amended, p. 564, � 7, effective April 6. L. 95: (5) added, p. 419, � 7, effective July 1. L. 2001: (3)(e) added and IP(4), (4)(b), and (4)(c) amended, p. 1113, �� 1, 2, effective June 5. L. 2008: (3)(f) added, p. 1290, � 3, effective July 1. L. 2012: IP(3) and (3)(b) amended and (3)(g) added, (HB 12-1120), ch. 27, p. 77, � 1, effective June 1. L. 2015: IP(3) amended and (3)(h) added, (SB 15-239), ch. 160, p. 487, � 5, effective July 1, 2016. L. 2016: (3)(i) added, (SB 16-093), ch. 54, p. 132, � 2, effective March 23; (3)(a)(I) amended, (HB 16-1323), ch. 131, p. 380, � 16, effective August 10. L. 2018: (3)(j) added, (SB 18-167), ch. 256, p. 1577, � 10, effective August 8. L. 2021: (3)(l) added, (HB 21-1007), ch. 309, p. 1890, � 2, effective July 1; (3)(k) added, (HB 21-1150), ch. 350, p. 2277, � 2, effective September 7. L. 2022: (1.5), (3)(a)(I), (3)(b), (3)(d)(I), (3)(e), (3)(f), (3)(g), (3)(h), (3)(i), (3)(j), (3)(k), (3)(l), IP(4), (4)(b), and (5) amended and (6) and (7) added, (SB 22-162), ch. 469, p. 3380, � 82, effective August 10. L. 2023: (3)(m) added, (SB 23-051), ch. 37, p. 145, � 20, effective March 23. L. 2024: (3)(n) added, (HB 24-1360), ch. 324, p. 2166, � 5, effective July 1.

Editor's note: (1)  Subsection (3)(d)(II)(B) provided for the repeal of subsection

(3)(d)(II), effective July 1, 1992. (See L. 91, p. 1338.)

(2)  Subsection (3)(c) was repealed, effective July 1, 1987, prior to subsection

(3) being amended in 1991.

(3)  The effective date for amendments to this section by House Bill 12-1120

(chapter 27, Session Laws of Colorado 2012) was changed from August 8, 2012, to June 1, 2012, by House Bill 12S-1002 (First Extraordinary Session, chapter 2, p. 2432, Session Laws of Colorado 2012.)

Cross references: (1)  For the legislative declaration in SB 15-239, see

section 1 of chapter 160, Session Laws of Colorado 2015. For the legislative declaration in HB 24-1360, see section 1 of chapter 324, Session Laws of Colorado 2024.

(2)  For the short title (the Debbie Haskins 'Administrative Organization Act

of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.

C.R.S. § 25-15-502

25-15-502. Definitions. As used in this part 5, unless the context otherwise requires:

(1)  Existing hazardous waste incinerator means a hazardous waste

incinerator that was in active operation, as authorized by applicable federal and state laws and regulations, on or before August 21, 1991.

(1.5)  Existing hazardous waste processor means a hazardous waste

processing facility that was in active operation, regardless of the amount of hazardous waste treated annually, as authorized by applicable federal and state laws and rules, on or before March 22, 2002.

(2)  Governing body having jurisdiction means the board of county

commissioners if a hazardous waste incinerator or processor site is located in any unincorporated portion of a county and means the governing body of the appropriate municipality if a hazardous waste incinerator or processor site is located within an incorporated area.

(3) (a)  Hazardous waste incinerator means:


(I)  Any hazardous waste incinerator as defined in regulations of the

commission promulgated pursuant to section 25-15-302; or

(II)  Any boiler or industrial furnace that burns hazardous waste, as defined in

subpart B of part 260 of title 40, code of federal regulations, as from time to time amended, until such time as the commission, pursuant to section 25-15-302, promulgates a definition of boiler or industrial furnace, at which time such state definition shall operate in lieu of the foregoing federal definition. Such term shall include, but is not limited to, any cement kiln, lime kiln, aggregate kiln, or blast furnace.

(b)  The term hazardous waste incinerator excludes any facility for

incineration of a hazardous waste performing on-site remediation pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980.

(4) (a)  Hazardous waste processing means both of the following, except as

provided in paragraph (b) of this subsection (4):

(I)  Any treatment method, technique, or process designed to change the

physical, chemical, or biological character or composition of acute hazardous waste, as defined in rules of the commission promulgated pursuant to part 3 of this article, in order to neutralize such waste, reduce the volume of such waste, or render such waste less hazardous, safer for transport, amenable to recovery or use, or amenable to storage; and

(II)  Any acute hazardous waste processing, as defined in rules of the

commission promulgated pursuant to section 25-15-302.

(b)  Hazardous waste processing does not include:


(I)  The treatment of less than one thousand kilograms of acute hazardous

waste per year;

(II)  The treatment, storage, or disposal of hazardous waste pursuant to a

certificate of designation issued under, or otherwise regulated by, part 2 of this article;

(III)  The processing of hazardous waste that is not listed as acute hazardous

waste in rules of the commission promulgated pursuant to part 3 of this article;

(IV)  The processing of any hazardous waste pursuant to any record of

decision, consent decree, or administrative order authorized by or made pursuant to applicable federal or state laws and rules, as amended or revised, or any record of decision issued pursuant to a periodic revision of a record of decision that was made on or before March 22, 2002;

(V)  The performance of on-site processing or treatment of hazardous waste

associated with efforts to clean up contaminated soil, groundwater, or surface water pursuant to federal or state environmental laws;

(VI)  The processing of hazardous waste incidental to commercial

manufacturing;

(VII)  The treatment, storage, management, or processing of solid waste

pursuant to a certificate of designation issued under article 20 of title 30, C.R.S.;

(VIII)  The conduct of any activities pursuant to an approved reclamation plan

contained in a permit issued under, or otherwise regulated by, article 32 or 33 of title 34, C.R.S.; or

(IX)  The conduct of any activities regulated under article 60 of title 34, C.R.S.


(5)  Hazardous waste processor means a facility that engages in hazardous

waste processing subject to the requirement for a part B permit or interim status under rules of the commission promulgated pursuant to section 25-15-302.

(6)  Hazardous waste processor site means a location where hazardous

waste is:

(a)  Processed; or


(b)  Generated or stored by the owner of a hazardous waste processor or by

an affiliate or customer of a hazardous waste processor who produces hazardous waste.

Source: L. 92: Entire part added, p. 1264, � 1, effective July 1; (3)(a) and (3)(b)

amended, p. 1261, � 26, effective August 1. L. 93: (3) amended, p. 267, � 1, effective April 3. L. 2002: (1.5), (4), (5), and (6) added and (2) amended, p. 87, � 2, effective March 22.

C.R.S. § 25-7-133.5

25-7-133.5. Approval or rescission of specific revisions to state implementation plan (SIP) after 1996. (1) Consistent with the provisions of section 25-7-105.1, to the extent senate bill 96-129 and senate bill 96-236, enacted at the second regular session of the sixtieth general assembly, approved submitting portions of air quality control commission regulation 1, section VI, to the federal environmental protection agency for inclusion in the state implementation plan, such approval is hereby rescinded. The inclusion of said regulation 1 in the Denver metropolitan nonattainment area state implementation plan for particulate matter (PM-10) is not affected by this rescission.

(2)  Pursuant to section 25-7-133, the following revisions to the state

implementation plan (SIP), which were adopted by the air quality control commission on the dates indicated and received by the legislative council for review, are approved for incorporation into the state implementation plan:

(a)  The 1993 periodic emissions inventory update to the Denver metropolitan,

Colorado Springs, Longmont, and Fort Collins carbon monoxide nonattainment area elements of the SIP, adopted by the air quality control commission on December 21, 1995;

(b)  The emergency episode plan revisions as a part of the Denver PM-10

nonattainment area element of the SIP, adopted by the air quality control commission on January 18, 1996;

(c)  Amendments adopted by the air quality control commission on

September 19, 1996, to the Greeley carbon monoxide nonattainment area element of the SIP;

(d)  Amendments adopted by the air quality control commission on October

17, 1996, to the Cañon City PM-10 nonattainment area element of the SIP;

(e)  Amendments adopted by the air quality control commission on October

17, 1996, to the Steamboat Springs PM-10 nonattainment area element of the SIP;

(f)  Amendments adopted by the air quality control commission on March 21,

1996, and June 20, 1996, to regulation number 3, concerning air pollution emission notice deferral, insignificant activities, and fugitive emissions;

(g)  Amendments adopted by the air quality control commission on June 20,

1996, to regulation number 3, concerning prevention of significant deterioration permits, total suspended particulates, and hydrogen sulfide;

(h)  Amendments adopted by the air quality control commission on October

14, 1996, to regulation number 10, concerning general conformity;

(i)  Amendments adopted by the air quality control commission on March 21,

1996, to regulation number 11, concerning the inspection and maintenance program;

(j)  Repealed.


(k)  Amendments adopted by the air quality control commission on October

24, 1996, to regulation number 5, concerning the generic banking emissions/trading rules and conforming revisions to regulation number 3, part 4, section V;

(l)  Amendments adopted by the air quality control commission on December

21, 1995, to regulations number 1 and 7, and the common provisions concerning negligibly reactive volatile organic compounds and delisting of acetone;

(m)  Amendments adopted by the air quality control commission on

December 23, 1996, to regulation number 1, concerning opacity limitations and sulfur dioxide averaging provisions for coal-fired electric utility boilers during periods of startup, shutdown, and upset;

(n)  Repealed.


(o)  Amendments adopted by the air quality control commission on April 17,

1997, to the motor vehicle emissions inspection program in all carbon monoxide nonattainment areas in the state (Boulder, Colorado Springs, Denver, and Greeley) under the carbon monoxide nonattainment area element of the SIP;

(p)  Amendments adopted by the air quality control commission on January

15, 1998, redesignating Colorado Springs as an attainment area for carbon monoxide and adopting a corresponding maintenance plan;

(q)  Amendments adopted by the air quality control commission on December

18, 1997, to the Longmont carbon monoxide maintenance plan;

(r)  Amendments adopted by the air quality control commission on April 17,

1997, concerning long-term strategy for the element of the SIP relating to visibility in class I areas;

(s)  Amendments adopted by the air quality control commission on November

21, 1996, to regulations number 3, 7, and 8 and common provisions, concerning negligibly reactive volatile organic compounds and regulated hazardous air pollutants;

(t)  Amendments adopted by the air quality control commission on September

17, 1998, to regulation number 1, section II. D., concerning military smokes and obscurants training exercises;

(u)  Amendments adopted by the air quality control commission on October

15, 1998, to regulation number 7, concerning emissions of volatile organic compounds;

(v)  Amendments adopted by the air quality control commission on October

15, 1998, to regulation number 10, concerning conformity of federally funded or approved transportation plans with air quality implementation plans;

(w)  Amendments adopted by the air quality control commission on November

19, 1998, to regulation number 11, part F (III), concerning the motor vehicle emissions inspection program for the Denver-Boulder area;

(x)  Amendments adopted by the air quality control commission on January

16, 1998, to regulation number 12, concerning reduction of diesel vehicle emissions;

(y)  Repealed.


(z)  Amendments adopted by the air quality control commission on January 16,

1998, to section 1.11.0 of the procedural rules of the air pollution control division;

(aa)  Amendments adopted by the air quality control commission on

September 17, 1998, concerning ambient air quality standards for suspended particulate matter; and

(bb) (I)  The Colorado Visibility and Regional Haze State Implementation Plan

for the Twelve Mandatory Class I Federal Areas in Colorado, adopted by the air quality control commission on January 7, 2011.

(II)  The automatic expiration of the rules contained in the plan specified in

subparagraph (I) of this paragraph (bb) that were adopted on January 7, 2011, and that are therefore scheduled for expiration on May 15, 2012, is postponed, effective May 15, 2011.

(3)  Revisions to the SIP that are adopted solely to conform the SIP to prior

actions of the general assembly under section 25-7-133 and this section may be submitted to the federal environmental protection agency for final approval under section 25-7-133 (2.5) without further approval by the general assembly under section 25-7-133 or this section.

(4)  If the division and the designated organization for air quality planning in

the Colorado Springs area request removal of mandatory control measures that have been adequately demonstrated to be unnecessary to achieve and maintain compliance with the federal ambient air quality standards and request corresponding modifications to the mobile source emission budget, the commission shall adopt such revisions to the carbon monoxide maintenance plan for the Colorado Springs area approved pursuant to paragraph (p) of subsection (2) of this section. Notwithstanding section 25-7-133, such revisions shall be submitted to the federal environmental protection agency for incorporation into the state implementation plan as expeditiously as possible and shall not be subject to further review and approval pursuant to section 25-7-133.

(5)  Revisions to the visibility component of the SIP that implement and

enforce a control strategy that meets the following requirements may be submitted to the United States environmental protection agency for incorporation into the SIP as expeditiously as possible without further review and approval pursuant to section 25-7-133:

(a)  On or before November 1, 2001, one or more sources have entered into a

consent decree in which such sources make a judicially enforceable commitment to adopt such control strategy; and

(b)  The division determines that such control strategy provides for

reasonable progress:

(I)  Toward the national visibility goal stated in federal rules set forth at 40

CFR 51, subpart P, and in rules of the division set forth at 5 CCR 1001-5, as said rules provided on January 1, 2001; and

(II)  In reducing any present or future impairment of an air-quality-related

value.

(6)  Notwithstanding the provisions of section 25-7-133, revisions to the

Denver metropolitan area element of the PM-10 state implementation plan adopted by the commission on April 19, 2001, are approved for incorporation into the state implementation plan, shall be submitted to the federal environmental protection agency as expeditiously as possible, and shall not be subject to further review and approval pursuant to section 25-7-133.

Source: L. 97: Entire section added, p. 381, � 1, effective April 19; (2)(n) and (3)

added, pp. 1528, 1530, �� 1, 2, effective June 3. L. 98: (2)(o), (2)(p), (2)(q), (2)(r), (2)(s), and (4) added, pp. 1009, 1010, �� 1, 2, effective May 27. L. 99: (2)(j) and (2)(y) repealed, (2)(r) amended, and (2)(t) through (2)(aa) added, pp. 1244, 1243, �� 2, 3, 1, effective July 1. L. 2001: (5) added, p. 208, � 1, effective March 28; (6) added, p. 900, � 1, effective June 1. L. 2011: (2)(bb) added, (HB 11-1291), ch. 144, p. 501, � 2, effective May 4; (2)(n) repealed, (HB 11-1303), ch. 264, p. 1166, � 62, effective August 10. L. 2022: (3) amended, (SB 22-193), ch. 300, p. 2161, � 10, effective June 2.

Cross references: For the legislative declaration in the 2011 act adding

subsection (2)(bb), see section 1 of chapter 144, Session Laws of Colorado 2011.

C.R.S. § 25-7-141

25-7-141. Air toxics - duties of covered entities - public notice of air quality incidents - monitoring - corrective action - legislative declaration - definitions - rules. (1) Legislative declaration. The general assembly hereby:

(a)  Finds that:


(I)  Air toxics are pollutants that cause or may cause cancer or other serious

health effects, such as adverse reproductive effects or birth defects, or adverse environmental and ecological effects; and

(II)  Disproportionately impacted communities often include low-income

neighborhoods and residents who identify as Black, Indigenous, Latino, and people of color and are disproportionately affected by air toxics emissions;

(b)  Determines that:


(I)  Colorado communities have a right to know about exposures to air toxics

in real time;

(II)  Colorado communities are increasingly concerned about the potential

health impacts of air toxics resulting from routine facility operations, fugitive leaks, upset conditions, or emergency situations;

(III)  Real-time air monitoring, including fenceline and community-based

monitoring systems, can provide valuable air quality data to assess the potential impacts of air toxics emissions in nearby communities, to understand temporal variations in air toxics emissions, and to advise facilities of significant changes in air toxics emissions;

(IV)  Community-based monitoring is useful for estimating air toxics

exposures and health risks and in determining trends in air pollutant levels over time; and

(V)  Fenceline monitoring is useful for detecting or estimating leaks, the

quantity of fugitive emissions, and other air emissions from a certain facility; and

(c)  Declares that facilities that emit air toxics have a responsibility to collect

real-time air toxics data and to provide monitoring results as quickly as possible in a publicly accessible format to help communities understand their level of exposure.

(2)  Definitions. As used in this section, unless the context otherwise

requires:

(a)  Community-based monitoring means monitoring using equipment that

measures and records air pollutant concentrations in the ambient air, including concentrations of covered air toxics, at or near sensitive receptor locations near a covered facility.

(b)  Covered air toxic means:


(I)  Hydrogen cyanide, hydrogen sulfide, and benzene; and


(II)  Any other hazardous air pollutant that the commission lists, by rule,

pursuant to subsection (3) of this section.

(c)  Covered facility means a stationary source that is covered by one of the

following North American industry classification system codes established by the federal office of management and budget:

(I)  324110, petroleum refineries;


(II)  336413, other aircraft parts and auxiliary equipment manufacturing;


(III)  424710, petroleum bulk stations and terminals, if the source is within

an eight-hour ozone control area and has reported emissions of benzene in its federal toxics release inventory filing pursuant to 42 U.S.C. sec. 11023 for the years 2017 through 2019, as of July 1, 2020; or

(IV)  Any other code listed by rule pursuant to subsection (3) of this section.


(d)  Emergency notification service has the meaning established in section

29-11-101 (11).

(e)  Fenceline monitoring means monitoring using equipment that

encompasses the covered facility and continuously measures and records air pollutant concentrations at or adjacent to a covered facility's boundary.

(f)  Incident means the emission by a covered facility of an air pollutant at a

rate or quantity that exceeds allowable emissions as a result of anticipated or unanticipated circumstances, including a malfunction, start-up, shutdown, upset, or emergency.

(g)  Method 325A means the test method titled Volatile Organic

Compounds from Fugitive and Area Sources: Sampler Deployment and VOC Sample Collection adopted by the air emission measurement center of the federal environmental protection agency.

(h)  Method 325B means the test method titled Volatile Organic

Compounds from Fugitive and Area Sources: Sampler Preparation and Analysis promulgated by the air emission measurement center of the federal environmental protection agency.

(i)  Method TO-15A means the test method titled Determination of Volatile

Organic Compounds (VOCs) in Air Collected in Specially-Prepared Canisters and Analyzed by Gas Chromatography / Mass Spectrometry (GC/MS) published in the second edition of the federal environmental protection agency's Compendium of Methods from the Determination of Toxic Organic Compounds in Ambient Air.

(j)  Notification threshold means acute exposure levels with an averaging

time of one hour as established by the division pursuant to subsection (5)(a)(III) of this section.

(k)  Optical remote sensing technology means technology with the ability to

provide real-time measurements of air pollutant concentrations along an open path as described in EPA Handbook: Optical and Remote Sensing for Measurement and Monitoring of Emissions Flux of Gases and Particulate Matter by the federal environmental protection agency.

(l) (I)  Petroleum refinery means an establishment that is located on one or

more contiguous or adjacent properties that processes crude oil to produce more usable products such as gasoline, diesel fuel, aviation fuel, lubricating oils, asphalt, or petrochemical feedstocks. The term includes auxiliary facilities such as boilers, wastewater treatment plants, hydrogen production facilities, sulfur recovery plants, cooling towers, blowdown systems, compressor engines, and power plants.

(II)  Petroleum refinery processes include separation processes, including

atmospheric or vacuum distillation and light ends recovery; petroleum conversion processes, including cracking, reforming, alkylation, polymerization, isomerization, coking, and visbreaking; petroleum treating processes, including hydrodesulfurization, hydrotreating, chemical sweetening, acid gas removal, and deasphalting; and feedstock and product handling, including storage, crude-oil blending, non-crude-oil feedstock blending, product blending, loading, and unloading.

(m)  Real time means the actual or near actual time during which covered

air toxics or other air pollutant emissions occur.

(n)  Relevant area means the area within three miles of a covered facility

where communities may be exposed to covered air toxics.

(o)  Relevant languages means the two most prevalent languages spoken in

the relevant area, as identified in the latest American community survey published by the federal census bureau.

(3)  Review of covered air toxics and industry codes for covered facilities. In

order to better protect public health, the commission shall:

(a)  At least every five years beginning in 2027, or more frequently if it deems

it appropriate to do so, including pursuant to a request by an interested person based on data evidencing potential exposure to a pollutant at levels posing a significant risk to human health, review the best available science, the list of covered air toxics, and the North American industry classification system codes for covered facilities to determine whether additional hazardous air pollutants should be listed as covered air toxics and whether any additional stationary sources should be included as covered facilities;

(b)  Based on its review, adjust the lists of covered air toxics and covered

facilities by rule; and

(c)  If the commission adjusts the list of covered air toxics or covered

facilities, adjust by rule the annual amount that the division may annually spend to conduct the community-based monitoring required by subsection (6)(a) of this section.

(4)  Emergency notifications. Each covered facility shall:


(a)  Conduct outreach to representatives of the community in the relevant

area to discuss communications regarding the occurrence of an incident, including:

(I)  Methods by which the covered facility can disseminate information to the

community in the relevant area and methods by which community members can contact the covered facility regarding an incident; and

(II)  Provisions for communications in the relevant languages;


(b)  Use an emergency notification service through which the covered facility

will, as soon as possible, communicate in the relevant languages with, and make data available to, the community in the relevant area and the division regarding the occurrence of an incident or an exceedance of a notification threshold identified by a fenceline monitoring system;

(b.5)  For two years, maintain a record of all communications made through

an emergency notification service, including whether any other action was taken in response to the incident or exceedance of a notification threshold, which record must be available to the public;

(c)  Implement the emergency notification service within six months after July

2, 2020; and

(d)  Pay all costs associated with its use of the emergency notification

service.

(5)  Fenceline monitoring. (a) (I)  Beginning on January 1, 2023, a covered

facility that is a petroleum refinery shall conduct fenceline monitoring of covered air toxics in real time and shall disseminate all fenceline monitoring data to the public as described in subsection (5)(h) of this section.

(II)  Beginning on July 1, 2024, all covered facilities not subject to subsection

(5)(a)(I) of this section shall conduct fenceline monitoring of covered air toxics in real time and shall disseminate all fenceline monitoring data to the public as described in subsection (5)(h) of this section.

(III)  The division shall establish notification thresholds for each covered air

toxic. In establishing the notification thresholds, the division shall take a precautionary approach to assure protection of public health. The notification thresholds:

(A)  Shall be based on scientific research that is publicly available and peer-reviewed about the potential human health impacts of short-term exposures to

pollutants;

(B)  May be based on acute exposure levels or guidelines utilized by a federal

agency or another state; and

(C)  Shall be included in the fenceline monitoring plan of each covered

facility.

(b)  At least one year before a covered facility begins conducting fenceline

monitoring, the covered facility shall submit an initial draft fenceline monitoring plan to the division. Each fenceline monitoring plan must:

(I)  Provide for monitoring consistent with method 325A, method 325B, and

method TO-15A combined, or the most up-to-date emissions test or measurement methods for fenceline monitoring approved or promulgated by the federal environmental protection agency;

(II)  Provide for monitoring of covered air toxics using optical remote sensing

technology or other monitoring technology with the ability to provide real-time spatial and temporal data to understand the type and amount of emissions;

(III)  Be submitted to the division in the relevant languages; and


(IV)  Identify:


(A)  The equipment to be used to continuously monitor, record, and

disseminate emission data for each covered air toxic in real time, including equipment to continuously record wind speed and wind direction data;

(B)  Siting and equipment specifications;


(C)  Procedures for air monitoring equipment maintenance and failures,

maintenance plans and schedules, temporary back-up measures to implement during equipment failures, data management, quality assurance, and quality control; and

(D)  Methods for disseminating fenceline monitoring data to the public, local

governments, area schools, and the division in real time via the website specified in subsection (5)(h)(I) of this section.

(c)  Upon receipt of an initial draft fenceline monitoring plan or plan that is

resubmitted pursuant to subsection (5)(i) of this section, the division shall:

(I)  Promptly post the plan on the division's website;


(II)  Ensure that the plan is subject to at least ninety days of public comment;


(III)  Respond in writing to all comments received;


(IV)  Consult with local governments in the relevant area about the plan; and


(V)  Consult community members and hold at least two public hearings

regarding the plan before the division acts on the plan. The hearings must:

(A)  Be held at a location near the covered facility, prioritizing

disproportionately impacted communities;

(B)  Be held once during the evening and once during a weekend;


(C)  Be available for remote participation via the internet;


(D)  Include interpretation services in the relevant languages that are not the

same language in which the hearing is conducted; and

(E)  Provide child care services for the attendees.


(d) (I)  No later than four months after the submission of an initial draft

fenceline monitoring plan or plan that is resubmitted pursuant to subsection (5)(i) of this section, the covered facility may submit a revised plan to the division.

(II)  Upon receipt of a revised plan, the division shall promptly post the revised

plan on the division's website. If the initial plan failed to include the required elements under subsection (5)(b) of this section, the division shall again comply with subsection (5)(c) of this section with respect to the revised plan, in which case the deadline in subsection (5)(e) of this section is extended for ninety days.

(e)  If the division determines that the covered facility is emitting hazardous

air pollutants in quantities that may pose a risk to public health in the relevant area, the division may require as part of the plan the reporting of pollutants other than covered air toxics that the monitors are reasonably capable of measuring. The division shall approve or disapprove a fenceline monitoring plan no later than eight months after it is initially submitted to the division. If the division disapproves of a monitoring plan, it shall promptly modify the monitoring plan to ensure compliance with subsection (5)(b) of this section prior to approval.

(f)  Once the division approves a fenceline monitoring plan, the division shall

promptly post the plan on its website. Within three weeks after approval, the covered facility shall make the approved plan available to the division and the public in the relevant languages, and the division shall promptly post the translated plan on the division's website. The covered facility shall make hard copies of the approved and translated plans available at any public libraries in the relevant area.

(g)  If a covered facility is a major source, as that term is defined in section

25-7-114 (3), the division shall incorporate fenceline monitoring requirements into the covered facility's operating permit required by section 25-7-114.3.

(h)  Each covered facility shall collect real-time data from the fenceline

monitoring system, shall maintain records of the data, and shall disseminate the data to the division and the public. The dissemination must:

(I)  Be available in real time on a website maintained by the covered facility

and include a map of all fenceline monitoring equipment locations and the ability to access historical fenceline monitoring data;

(II)  Be in the relevant languages spoken in the relevant area;


(III)  Include descriptions in the relevant languages of covered air toxics and

their possible health effects as specified by the federal centers for disease control and prevention; and

(IV)  Include data about air concentrations of any hazardous air pollutant

other than covered air toxics that the division determined under subsection (5)(e) of this section must be included in the fenceline monitoring plan.

(i)  A covered facility shall update and resubmit for division approval its

fenceline monitoring plan every five years; except that the division may require an updated plan before the expiration of five years based on:

(I)  Its own determination that there has been a substantial change in the

covered facility's operations or emissions; or

(II)  A written request submitted by a member of the public that the division

determines justifies an updated plan.

(6)  Community-based monitoring. (a)  Beginning no later than January 1,

2023, the division shall conduct community-based monitoring of covered air toxics in the relevant areas. The community-based monitoring must occur for no less than thirty cumulative days during each quarter of every year. The division may expend up to eight hundred thousand dollars from the general fund to purchase and equip a mobile air-quality monitoring van for use in the northern metropolitan Denver area, Henderson, the city of Pueblo, and other communities, to conduct community-based monitoring pursuant to this subsection (6).

(b)  Subject to subsection (3)(c) of this section, the division shall not spend

more than one million dollars annually to conduct the community-based monitoring required by subsection (6)(a) of this section.

(c)  No later than July 1, 2022, and every three years thereafter, the division

shall:

(I)  Post a list of intended community-based monitoring equipment locations

on the division's website in the relevant languages;

(II)  Ensure that the list of intended monitoring equipment locations is subject

to at least ninety days of public comment; and

(III)  Consider input from local governments and school districts in the

relevant areas about the list of intended monitoring equipment locations.

(d)  The division shall make community-based monitoring data available to

the public.

(7)  Costs paid by covered facilities. (a)  Each covered facility is responsible

for the cost of installing, operating, and maintaining all fenceline monitoring equipment used pursuant to the monitoring plan as well as the cost of disseminating the data to the public.

(b)  A covered facility shall pay a processing fee pursuant to section 25-7-114.7 (2)(a)(III) to cover the division's indirect and direct costs of reviewing and

approving fenceline monitoring plans.

(c)  Covered facilities shall pay the division for the covered facility's annual

pro rata share of the direct and indirect costs of conducting community-based monitoring, which money shall be credited to the stationary sources control fund created in section 25-7-114.7 (2)(b)(I). Payment will be received in advance of performing community-based monitoring unless the division expressly authorizes reimbursement.

Source: L. 2020: Entire section added, (HB 20-1265), ch. 218, p. 1079, � 1,

effective July 2. L. 2021: Entire section amended, (HB 21-1189), ch. 334, p. 2150, � 1, effective June 24.

C.R.S. § 25-7-1505

25-7-1505. Testing - required displays - demonstrations of compliance. (1) Manufacturers of natural-gas-fueled water heaters described by section 25-7-1503 (1)(a) shall test each applicable model for sale in Colorado in accordance with the south coast air quality management district protocol Nitrogen Oxides Emissions Compliance Testing for Natural Gas-Fired Water Heaters and Small Boilers, as amended.

(2)  Manufacturers of fan-type central furnaces described by section 25-7-1503 (1)(b) shall test each applicable model for sale in Colorado in accordance with

the south coast air quality management district method 100.1 Instrumental Analyzer Procedures for Continuous Gaseous Emission Sampling, as amended.

(3)  Unless a product appears in a public database of products maintained by

a state or federal agency or by an environmental nonprofit organization, which database requires compliance with emission standards that are as demanding or more demanding than the emission standards described in this part 15, manufacturers of products described in section 25-7-1503 (1) shall demonstrate compliance with this part 15 for each model by either:

(a)  Affixing a permanent mark, label, or tag to the product and packaging at

the time of sale or installation that confirms compliance with such emission standards or compliance with equivalent emission standards; or

(b)  Submitting a certification to the executive director that demonstrates

compliance with emission standards required by a state or federal agency, which emission standards are as demanding or more demanding than the emission standards described in this part 15.

Source: L. 2023: Entire part added, (HB 23-1161), ch. 285, p. 1714, � 9,

effective August 7. L. 2025: (2) amended, (SB 25-300), ch. 428, p. 2452, � 41, effective August 6.

C.R.S. § 25-7-502

25-7-502. Definitions. As used in this part 5, unless the context otherwise requires:

(1) (a)  Area of public access means any building, facility, or property, or a

portion thereof, that any member of the general public can enter or can be exposed to asbestos from the area. Area of public access includes a single-family residential dwelling and any facility that charges the general public a fee for admission, such as any theater or arena.

(b)  Repealed.


(c)  Notwithstanding the provisions of subsection (1)(a) of this section, a

single family residential dwelling shall not be considered an area of public access for purposes of conducting asbestos abatement if the homeowner who resides in the single family dwelling that is the homeowner's primary residence requests, on a form provided by the division, that the single family dwelling not be considered an area of public access.

(2)  Asbestos means asbestiform varieties of chrysotile, amosite,

crocidolite, anthophyllite, tremolite, and actinolite.

(3)  Asbestos abatement means any of the following:


(a)  The wrecking or removal of structural members that contain friable

asbestos-containing material;

(b)  The following practices intended to prevent the escape of asbestos fibers

into the atmosphere:

(I)  Coating, binding, or resurfacing of walls, ceilings, pipes, or other

structures for the purpose of minimizing friable asbestos-containing material from becoming airborne;

(II)  Enclosing friable asbestos-containing material to make it inaccessible;


(III)  Removal of friable asbestos-containing material from any pipe, duct,

boiler, tank, reactor, furnace, or other structural member;

(IV)  Conducting a major spill response.


(4)  Commission means the air quality control commission created by

section 25-7-104.

(5)  Division means the division of administration in the department of

public health and environment.

(5.5)  Facility means any institutional, commercial, public, industrial, school,

or residential structure; any installation; any building, including any structure, installation, or building containing condominiums or individual dwelling units operated as a residential cooperative; any ship; any railcar; and any active or inactive waste disposal site.

(6)  Friable asbestos-containing material means any material that contains

asbestos and when dry can be crumbled, pulverized, or reduced to powder by hand pressure and that contains more than one percent asbestos by weight, area, or volume. The term includes nonfriable forms of asbestos after such previously nonfriable material becomes damaged to the extent that when dry it can be crumbled, pulverized, or reduced to powder by hand pressure.

(7)  Person means any individual, any public or private corporation,

partnership, association, firm, trust, or estate, the state or any department, institution, or agency thereof, any municipal corporation, county, city and county, or other political subdivision of the state, or any other legal entity which is recognized by law as the subject of rights and duties.

(7.5)  Project manager means a person who has satisfied the experience

and academic training requirements set forth by the commission.

(8) (a)  School means any institution that provides elementary or secondary

education.

(b) and (c)  Repealed.


(9)  State-owned or state-leased buildings means structures occupied by

any person which are either owned by the state or utilized by the state through leases of one year's duration or longer.

(10)  Structural member means any beam, ceiling, floor, or wall.


(11)  Trained supervisor means an individual certified by the division to

supervise asbestos abatement pursuant to section 25-7-506.

Source: L. 87: Entire part R&RE, p. 1145, � 1, effective July 1. L. 88: (1)

amended, p. 1016, � 2, effective June 11. L. 89: (8) amended, p. 1169, � 2, effective May 9. L. 94: (5), (8)(b), and (8)(c) amended, pp. 2787, 2702, �� 509, 258, effective July 1. L. 95: (7.5) added, p. 20, � 1, effective July 1. L. 2001: (1) and (6) amended, p. 772, � 4, effective June 1. L. 2005: (8)(c) repealed, p. 283, � 23, effective August 8. L. 2006: (1)(b) and (8)(b) repealed, p. 125, � 10, effective March 27. L. 2022: (1)(a) and (1)(c) amended and (3)(b)(IV) and (5.5) added, (HB 22-1232), ch. 362, p. 2592, � 4, effective August 10.

Editor's note: This section is similar to former � 25-7-502 as it existed prior

to 1987.

Cross references: For the legislative declaration contained in the 1994 act

amending subsections (5), (8)(b), and (8)(c), see section 1 of chapter 345, Session Laws of Colorado 1994.

C.R.S. § 31-15-601

31-15-601. Building and fire regulations - emission performance standards required - reporting. (1) The governing bodies of municipalities have the following powers in relation to building and fire regulations:

(a)  To regulate the construction, repairs, and use of vaults, cisterns, areas,

hydrants, pumps, sewers, and gutters;

(b)  To regulate partition fences and party walls;


(c)  To prescribe the thickness and strength of, and the manner of

constructing, stone, brick, and other buildings and to prescribe the construction of fire escapes therein;

(d)  To prescribe the limits within which wooden buildings shall not be

erected, or moved into from outside said limits or placed in or repaired without permission, to direct that any buildings within the fire limits, when the same have been damaged by fire, decay, or otherwise to the extent of fifty percent of the value, be torn down or removed, and to prescribe the manner of ascertaining such damage;

(e) (I)  To prevent the dangerous construction and condition of chimneys,

fireplaces, hearths, stoves, stovepipes, ovens, and apparatus used in and about any factory and to cause the same to be removed or placed in a safe condition when considered dangerous;

(II)  To regulate and prevent the carrying on of manufacturing which causes

and promotes fires;

(III)  To prevent the deposit of ashes in unsafe places and to cause all such

buildings and enclosures as may be in a dangerous state to be put in a safe condition;

(f)  To provide for the inspection of steam boilers;


(g)  To compel the owners and occupants of houses and other buildings to

have scuttles on the roof and stairs or ladders leading to the same and to compel the owners of all buildings over two stories in height to provide fire escapes;

(h)  To regulate the size, number, and manner of the construction of the doors

and stairways of theaters, tenement houses, audience rooms, and all buildings used for the gathering of a large number of people, to provide convenient, safe, and speedy exits in case of fire;

(i)  To compel the owners of all lots with a building fronting on the street to

provide a number on said building;

(j)  To regulate or prevent the storage and transportation of gunpowder, tar,

pitch, resin, coal oil, benzine, turpentine, hemp, cotton, gasoline, nitroglycerine, petroleum, or any of the products thereof, and other combustible or explosive material within the municipal limits and to prescribe the limits within which any such regulations shall apply; to regulate the use of lights in garages, shops, and other places; to regulate or prevent the storage of gunpowder and other high explosives within the municipal limits or within one mile of the outer boundaries thereof; and to regulate and restrain the use of fireworks, firecrackers, torpedoes, roman candles, skyrockets, and other pyrotechnic displays;

(j.5)  To regulate fires consistent with the provisions of section 31-15-401

(1)(q);

(k)  To regulate and prohibit the keeping of any lumberyard and the placing,

piling, or selling of any lumber, timber, wood, or other combustible material within the fire limits of the municipality and to regulate the storage of any combustible material at any place within the limits of the municipality;

(l)  To erect engine houses and provide fire engines, hose, hose carts, hooks

and ladders, and other implements for the extinguishing of fires and provide for the use and management of the same by volunteer fire companies or otherwise; to determine the powers and duties of the members of the fire department in taking charge of property to the extent necessary to bring under control and extinguish any fire; to preserve and protect property not destroyed by fire; and to restrain persons from interfering with the discharge of the duties of the members of the fire department in connection with the fighting of any fire;

(m) [Editor's note: This version of subsection (1)(m) is effective until January

1, 2026.]

(I) To adopt an ordinance to authorize, in consultation with the local board of health, local public health agencies, and any water and wastewater service providers serving the municipality, the use of graywater, as defined in section 25-8-103 (8.3), C.R.S., in compliance with any regulation adopted pursuant to section 25-8-205 (1)(g), C.R.S., and to enforce compliance with the governing body's ordinance.

(II)  Before adopting an ordinance to authorize the use of graywater pursuant

to subparagraph (I) of this paragraph (m), the municipal governing body is encouraged to enter into a memorandum of understanding with the local board of health, local public health agencies, and any water and wastewater service providers serving the municipality concerning graywater usage and the proper installation and operation of graywater treatment works, as defined in section 25-8-103 (8.4), C.R.S.

(m) [Editor's note: This version of subsection (1)(m) is effective January 1,

2026.]

(I) To adopt an ordinance, in consultation with the local board of health, local public health agencies, and any water and wastewater service providers serving the municipality, regarding the use of graywater, as defined in section 25-8-103 (8.3), in compliance with any regulation adopted pursuant to section 25-8-205 (1)(g), and to enforce compliance with the governing body's ordinance. The governing body of a municipality:

(A)  May adopt an ordinance prohibiting the installation of graywater

treatment works, as defined in section 25-8-103 (8.4), and the use of all graywater or prohibiting one or more categories of graywater use that the water quality control commission establishes in rules adopted pursuant to section 25-8-205 (1)(g); and

(B)  Pursuant to section 25-8-205.4 (2)(b), shall notify the division of

administration within the department of public health and environment of any ordinance adopted pursuant to subsection (1)(m)(I)(A) of this section. A governing body of a municipality that sends notice pursuant to this subsection (1)(m)(I)(B) may subsequently authorize the installation of graywater treatment works and the use of graywater or authorize categories of graywater use previously prohibited at any time by adopting an ordinance. A governing body of a municipality that subsequently authorizes the use of graywater shall promptly notify the division of administration within the department of public health and environment of the subsequent authorization.

(II)  A municipal governing body that has not prohibited all graywater use

pursuant to subsection (1)(m)(I) of this section is encouraged to enter into a memorandum of understanding with the local board of health, local public health agencies, and any water and wastewater service providers serving the municipality concerning graywater usage and the proper installation and operation of graywater treatment works, as defined in section 25-8-103 (8.4).

(2)  By the date established in section 25-7-407, C.R.S., every governing body

of a municipality which has enacted a building code, and thereafter every governing body which enacts a building code, shall enact a building code provision to regulate the construction and installation of fireplaces in order to minimize emission levels. Such building code provision shall contain standards which shall be the same as or stricter than the approved emission performance standards for fireplaces established by the air quality control commission in the department of public health and environment pursuant to section 25-7-407, C.R.S.

(3)  By January 1, 2020, every governing body of a municipality which has

enacted a building code and an energy code shall report the current version of their municipality's building and energy codes to the Colorado energy office. Thereafter, every governing body of a municipality is encouraged to report any change in their municipality's building and energy code to the Colorado energy office within a month of changing their municipality's building and energy codes.

Source: L. 75: Entire title R&RE, p. 1111, � 1, effective July 1. L. 84: (2) added, p.

782, � 3, effective April 12. L. 87: (2) amended, p. 1144, � 9, effective June 16. L. 94: (2) amended, p. 2802, � 564, effective July 1. L. 2002, 3rd Ex. Sess.: (1)(j) amended and (1)(j.5) added, p. 38, � 5, effective July 17. L. 2005: (2) amended, p. 774, � 59, effective June 1. L. 2013: (1)(m) added, (HB 13-1044), ch. 228, p. 1089, � 5, effective May 15. L. 2019: (3) added, (HB 19-1260), ch. 357, p. 3285, � 3, effective August 2. L. 2024: (1)(m) amended, (HB 24-1362), ch. 277, p. 1841, � 3, effective January 1, 2026.

Editor's note: The provisions of this section are similar to provisions of

several former sections as they existed prior to 1975. For a detailed comparison, see the comparative tables located in the back of the index.

Cross references: For the legislative declaration in the 2013 act adding

subsection (1)(m), see section 1 of chapter 228, Session Laws of Colorado 2013.

C.R.S. § 32-1-1002

32-1-1002. Fire protection districts - additional powers and duties - definitions - vegetative fuel removal - rules. (1) In addition to the powers specified in section 32-1-1001, the board of any fire protection district has the following powers for and on behalf of the district:

(a)  To acquire, dispose of, or encumber fire stations, fire protection and fire

fighting equipment, and any interest therein, including leases and easements;

(b)  To have and exercise the power of eminent domain and dominant eminent

domain and, in the manner provided by article 1 of title 38, C.R.S., to take any property necessary to the exercise of the powers granted, both within and without the special district;

(c)  To undertake and to operate as a part of the duties of the fire protection

district an ambulance service, an emergency medical service, a rescue unit, and a diving and grappling service;

(d)  To adopt and enforce fire codes, as the board deems necessary, but no

such code shall apply within any municipality or the unincorporated portion of any county unless the governing body of the municipality or county, as the case may be, adopts a resolution stating that the code or specific portions thereof shall be applicable within the fire protection district's boundaries; except that nothing in this subsection (1)(d) shall be construed to affect any fire codes existing on June 30, 1981, that have been adopted by the governing body of a municipality or county. Notwithstanding any other provision of this section, no fire protection district shall prohibit the sale of permissible fireworks, as defined in section 24-33.5-2001 (11), within its jurisdiction.

(d.5) (I)  To impose an impact fee on the construction of new buildings,

structures, facilities, or improvements, including oil or gas wells and related equipment, on previously improved or on unimproved real property within the district's jurisdictional boundaries pursuant to a schedule that is:

(A)  Legislatively adopted;


(B)  Generally applicable to a broad class of property; and


(C)  Intended to defray the projected impacts on capital facilities caused by

the proposed construction.

(II)  A district shall quantify the reasonable impacts of proposed construction

on existing capital facilities and establish the impact fee at a level no greater than necessary to defray such impacts directly related to the proposed construction. An impact fee shall not be imposed to remedy any deficiency in capital facilities that exists without regard to the proposed construction.

(III)  Any schedule of impact fees adopted by a district pursuant to this

subsection (1)(d.5) must include provisions to ensure that no individual landowner is required to provide any site specific dedication or improvement to meet the same need for capital facilities for which the impact fee is imposed.

(IV)  No later than sixty calendar days before adopting an impact fee

schedule pursuant to this subsection (1)(d.5), a district shall notify the clerk of every municipality or county that includes territory that is wholly or partly located within the district's jurisdictional boundaries and that may be impacted by the proposed impact fee schedule of the district's intent to adopt the schedule and provide a reasonable opportunity for the municipality or county to submit written comments regarding the schedule of impact fees to the board of the district.

(V)  An impact fee imposed pursuant to this subsection (1)(d.5) must be

collected and accounted for in the same manner as a land development charge is required to be collected and accounted for pursuant to part 8 of article 1 of title 29.

(VI)  An impact fee shall not be imposed on any construction of new buildings,

structures, facilities, or improvements, including oil or gas wells and related equipment, on previously improved or on unimproved real property within the district's jurisdictional boundaries, for which an individual or entity has submitted a completed application for a development permit to an approving local government prior to the adoption of a schedule of impact fees by the district pursuant to this subsection (1)(d.5). A district shall not collect an impact fee before the issuance of a building permit by the approving local government. The approving local government shall notify the district of the issuance of a building permit for the construction of new buildings, structures, facilities, or improvements, including oil or gas wells and related equipment, on previously improved or on unimproved real property within the district's jurisdictional boundaries at the time of issuance.

(VII)  Any person or entity that owns or has an interest in land that is or

becomes subject to a schedule of impact fees imposed by a district pursuant to this subsection (1)(d.5) shall, by receiving a building permit from the approving local government, have standing to file an action for declaratory judgment to determine whether the impact fee schedule complies with the provisions of this subsection (1)(d.5). A person or entity with standing who believes that a district has improperly applied an impact fee schedule pursuant to this subsection (1)(d.5) to the construction of any new buildings, structures, facilities, or improvements, including oil or gas well and related equipment, on previously improved or on unimproved real property within the district's jurisdictional boundaries may pay the fee imposed and proceed with construction without prejudice to the person or entity's right to challenge the impact fee imposed under rule 106 of the Colorado rules of civil procedure. If the court determines that the district has either imposed an impact fee on construction that is not subject to the adopted schedule of impact fees or improperly calculated the impact fee amount, it may enter judgment in favor of the person or entity for the amount of any impact fee wrongfully collected with interest thereon from the date of collection.

(VIII)  As used in this subsection (1)(d.5):


(A)  Capital facility means any improvement or facility that is directly

related to any service that a district is authorized to provide, has an estimated useful life of five years or longer, and is required by the bylaws, rules, or regulations of a district, as adopted by the board of the district.

(B)  Local government has the same meaning as set forth in section 29-20-103 (1.5).


(IX)  Notwithstanding the provisions of this section, a fire protection district

may waive an impact fee or other similar development charge on the development of low- or moderate-income housing or affordable employee housing as defined by the fire protection district.

(e)  In addition to all other fees and charges allowed by this article 1, to fix

and from time to time increase or decrease fees and charges as follows, and the board may pledge such revenue for the payment of any indebtedness of the district:

(I)  For ambulance or emergency medical services and extrication, rescue, or

safety services provided in furtherance of ambulance or emergency medical services. Extrication, rescue, or safety services includes but is not limited to any:

(A)  Services provided prior to the arrival of an ambulance;


(B)  Rescue or extrication of trapped or injured parties at the scene of a motor

vehicle accident; and

(C)  Lane safety or blocking provided by district equipment.


(II)  For requested or mandated inspections if a fire code is in existence on

June 30, 1981, as specified in paragraph (d) of this subsection (1) or has been adopted thereafter pursuant to said paragraph (d);

(III)  For requested inspections if a fire code has been adopted by the board of

the fire protection district, whether or not the code has been adopted by a municipality or county pursuant to paragraph (d) of this subsection (1);

(f)  In areas of the special district where the county or municipality has

rejected the adoption of a fire code submitted by the fire protection district, to compel the owners of premises, whenever necessary for the protection of public safety, to install fire escapes, fire installations, fireproofing, automatic or other fire alarm apparatus, fire extinguishing equipment, and other safety devices. This paragraph (f) shall not apply when a valid ordinance providing for fire safety standards, pursuant to section 30-15-401.5, C.R.S., is in effect.

(g)  To create and maintain a paid firefighters' pension fund, under the

provisions of parts 2 and 4 of article 30.5 of title 31, C.R.S., subject to the provisions of article 31 of said title, and a volunteer firefighter pension fund under part 11 of article 30 of title 31, C.R.S.;

(h)  To establish, in its discretion, a system of civil service in the fire

protection district to cover its paid employees who are directly employed by the fire protection district as full-time paid firefighters in accordance with the provisions of subsection (2) of this section;

(i) (I)  A fire protection district may establish, in its discretion, a program to

require the removal of vegetative fuel from privately owned real property within the boundaries of the district, and a fire protection district that establishes a program shall adopt policies consistent with the 2024 International Wildland-urban Interface Code, a subsequent code established by the International Code Council, or the standards and codes adopted or issued by the Colorado wildfire resiliency code board. A fire protection district shall coordinate with all applicable local entities as defined in section 37-99-102 (9) when developing a vegetative fuel mitigation program and shall comply with the requirements of section 37-99-103.

(II)  A fire protection district that establishes a program pursuant to section

(1)(i)(I) of this section may assess a fine against an owner or occupier of privately owned real property containing vegetative fuel only in accordance with this subsection (1)(i)(II). An incident covers all vegetative fuel on a property. For each incident of vegetative fuel on a property, a fire protection district must provide to an owner and occupier of the privately owned real property written notice of the requirement to remove vegetative fuel from a property and the amount of a potential fine, and information on possible funding or grant programs to assist owners or occupiers about effective vegetative fuel mitigation, including the Colorado wildfire resilient homes grant, the forest restoration and wildfire risk mitigation grant program, or any other local or state program about effective vegetative fuel mitigation. At least fourteen days after providing a first notice, if the vegetative fuel has not been removed, a district may provide a second written notice to the owner and occupier containing the same information. At least fourteen days after providing a second notice, if the vegetative fuel has not been removed, a district may assess a fine against the owner or occupier by providing written notice of the fine to the owner and occupier by certified mail. The amount of a fine must be approximately equal to the cost of removal of the vegetative fuel on the property and must not exceed two hundred dollars per property per incident. An owner or occupier is not subject to more than one fine for the same incident. The sum of all fines assessed against a single property must not exceed one thousand two hundred dollars. A fine is waived if the owner or occupier removes or causes the removal of the vegetative fuel within fourteen days of receiving notice of an assessment of a fine. A fire protection district may not access any privately owned real property pursuant to this subsection (1)(i)(II) without the written permission of the owner or occupier of the property. An owner or occupier is not liable to a fire protection district for damages to fire protection district personnel or equipment occurring on the privately owned real property while fire protection district personnel or equipment are present on the property to carry out the purposes of this section. A fire protection district may not use a drone to discover vegetative fuel on a property or to administer or enforce this subsection (1)(i).

(III)  A fire protection district that establishes a program pursuant to

subsection (1)(i)(I) of this section must use the money collected from a fine assessed pursuant to this section only to remove vegetative fuel on private real property within the district's jurisdiction. A fire protection district must prioritize use of the money to assist a low-income owner or occupier, a senior owner or occupier, or an owner or occupier with a disability to remove vegetative fuel from the owner or occupier's property.

(IV)  A fire protection district that establishes a program pursuant to

subsection (1)(i)(I) of this section shall establish a process for a person that owns or occupies property that is subject to a fine imposed by the fire protection district pursuant to subsection (1)(i)(II) of this section to file an objection to the fine with the district's board. A district's board may waive the fine in all or in part, in its discretion, if it determines that:

(A)  The fine was not assessed in compliance with subsection (1)(i)(II) of this

section;

(B)  The owner or occupier filing an objection is financially unable to pay all or

a portion of the fine;

(C)  An owner or occupier against which a fine was assessed has removed or

caused the removal of the vegetative fuel after the assessment of the fine; or

(D)  A waiver is appropriate under the circumstances.


(V)  A fire protection district that establishes a program pursuant to

subsection (1)(i)(I) of this section may cause a delinquent charge made or levied to be certified to the treasurer of the county and be collected and paid over by the treasurer of the county in the same manner as taxes are authorized to be by title 31.

(VI)  A fire protection district that establishes a program pursuant to

subsection (1)(i)(I) of this section shall adopt rules and policies after a public hearing, public notice, and the allowance of public comment to implement this subsection (1)(i) and shall post the adopted rules and policies on the district's website, on social media operated by the district, and in a local newspaper of general circulation. A program established pursuant to subsection (1)(i)(I) of this section may only be effective thirty days or more after posting of the adopted rules and policies on the district's website. As part of the adopted rules and policies, a fire protection district shall designate an individual to oversee and manage the program.

(VII)  A fire protection district may waive a fine for delays due to weather or

upon a petition for a time extension from an owner or occupier if an owner or occupier has undertaken good faith efforts to remove the vegetative fuel, at the discretion of the fire protection district. Good faith efforts include documentation from an arborist or licensed professional landscape architect that states when the arborist or licensed professional landscape architect will be able to mitigate the vegetative fuel on a property and the cost of the mitigation. A fire protection district shall grant a time extension to mitigate or pay a fine assessed against the owner or occupier of the property for:

(A)  No longer than three months if the cost to mitigate exceeds one

thousand dollars and is less than two thousand five hundred dollars;

(B)  No longer than six months if the cost to mitigate equals or exceeds two

thousand five hundred dollars and is less than five thousand dollars;

(C)  No longer than nine months if the cost to mitigate equals or exceeds five

thousand dollars and is less than ten thousand dollars; or

(D)  No longer than one year if the cost to mitigate equals or exceeds ten

thousand dollars.

(2) (a)  A fire protection district's civil service system shall not cover

employees of a fire department that renders fire protection service to the fire protection district under contract. The question of establishing a system of civil service shall be submitted at any regular special district election or special election of the fire protection district and shall not become effective unless approved as required for authorization of indebtedness. In establishing a system of civil service, the board may provide for the exclusion of supervisory and administrative personnel from the system. The board shall appropriate such funds as are necessary for the regular special district election or special election from the general funds of the fire protection district, and the election shall be held and conducted as provided in articles 1 to 13.5 of title 1, C.R.S.

(b) (I) (A)  Except as provided in sub-subparagraph (B) of this subparagraph

(I), the board of any fire protection district establishing a system of civil service for its paid employees may appoint three electors residing in the district to serve as a civil service committee, referred to in this subsection (2) as the committee. Of those initially appointed, one member of the committee shall be appointed for a term of two years, one for four years, and one for six years; thereafter, each member shall be appointed for a term of six years.

(B)  When two or more fire protection districts having established civil service

systems consolidate into a single consolidated district pursuant to section 32-1-602, the civil service committee of each of the consolidating districts shall dissolve, and the board of directors of the consolidated district shall appoint at least three but no more than nine members to serve on the civil service committee of the consolidated district. Of those initially appointed, three of the members of the civil service committee of the consolidated district shall serve staggered terms pursuant to sub-subparagraph (A) of this subparagraph (I), and the board shall appoint any other member for a term of six years. Thereafter, each member shall be appointed for a term of six years.

(C)  Any member may be appointed to succeed himself or herself. No paid

firefighter employed by the fire protection district may be a member of the committee. The members of the committee shall serve without compensation but shall be reimbursed for actual and necessary expenses incurred in the discharge of their duties.

(D)  The board of directors of any fire protection district consolidated prior to

July 1, 1996, may expand, by appointment, the membership of its established civil service committee to no more than nine members pursuant to sub-subparagraph (B) of this subparagraph (I). The board shall appoint such members for a term of six years.

(II)  The committee shall elect from among its members a president. The

secretary of the board shall serve as the secretary of the committee but shall have no vote on the committee. The secretary shall keep a record of the minutes of all proceedings of the committee in a bound book separate and apart from the records of the board. The secretary is the only member of the board who may be a member of the committee.

(III)  Any member of the committee may be discharged by the board for

cause, but only after affording the member the right to a public hearing at which the member may be represented by counsel. Vacancies in office on the committee shall be filled according to the provisions of section 1-12-207, C.R.S.

(IV)  The attorney for the board shall act as legal advisor to the committee,

but at all hearings before the committee involving a firefighter, such firefighter may be represented by counsel.

(c)  The committee shall:


(I)  Establish standards for employment and termination of employment,

including minimum conditions of employment for applicants for appointment and promotion, which shall assure that such applicants shall be of good moral character and physically, mentally, and emotionally capable of performing arduous duties, eighteen years of age or older, graduates of a high school or the equivalent thereof, citizens of the United States, and residents of the state of Colorado. In establishing standards concerning a person's character, the committee shall be governed by the provisions of section 24-5-101, C.R.S.

(II)  Recruit applicants for employment; formulate and hold competitive

examinations, or cause the same to be done, in order to determine the relative qualifications of persons seeking employment in any class or position as a firefighter; and formulate and hold promotional examinations for firefighters within the fire department of the fire protection district, or cause the same to be done;

(III)  Certify to the board, as a result of such examinations, lists of qualified

applicants for the various classes of positions who successfully completed such examinations;

(IV)  Determine that any examination held pursuant to subparagraph (II) or (III)

of this paragraph (c) is practical and consists only of subjects which will fairly determine the capacity of persons examined to perform duties of the position sought, including, but not limited to, tests of physical fitness and manual skill;

(V)  When a vacant position is to be filled, certify to the board, upon written

request of the board, the names of the three persons highest on the eligible list for that position or the applicable classification; but if less than three persons are on such list, then all the names shall be certified to the board. If there are no such lists, the committee shall authorize provisional or temporary appointment lists for such position or applicable classification.

(d)  The committee, from time to time, may make, amend, and repeal bylaws

and rules and regulations necessary to administer the provisions of this subsection (2).

(e)  Disciplinary action against any firefighter may be instituted by the chief

of the fire protection district, and a hearing thereon, after reasonable notice, shall be afforded to the firefighter concerned, at which hearing the firefighter may be represented by counsel of his or her choice at his or her expense. Such hearings shall be conducted in the same manner, insofar as possible, as provided in section 24-4-105, C.R.S. Any firefighter aggrieved by the decision of the board may obtain review thereof by appeal to the committee, and on such review the firefighter may be represented by counsel of his or her choice at his or her expense.

(f)  The committee shall hear all complaints involving alleged injustice,

wrongful discharge, and other violations of the rules and regulations of the committee and shall hear all appeals from decisions of the board on disciplinary actions pursuant to paragraph (e) of this subsection (2). All such hearings shall be conducted in the same manner, insofar as possible, as provided in section 24-4-105, C.R.S. The decision of the committee shall be final and shall not be set aside except by the committee or by a court of competent jurisdiction. Judicial review of any decision of the committee may be had in the same manner as prescribed in section 24-4-106, C.R.S.

(g)  The board, if requested by the committee, may contract with any

municipal or state agency for the purpose of conducting examinations for original appointment or for promotion, or for any other purpose in connection with the selection or administration of personnel.

(h)  The firefighters of any fire protection district in good standing at the time

of the establishment of said civil service system shall continue in their employment and rank, shall be automatically included in the civil service system, and shall be promoted or discharged in accordance with the provisions of the civil service rules and regulations; except that the office of fire chief shall be excluded from such civil service system. The board shall make provision for tenure of the fire chief, and the committee shall implement the same by appropriate rules and regulations.

(i)  Any fire protection district which has established a system of civil service

for its paid employees pursuant to this section shall not terminate the system unless the question of termination is submitted at an election. The election shall be conducted pursuant to articles 1 to 13.5 of title 1, C.R.S.

(j)  The board shall appropriate annually, by resolution, to the committee

sufficient funds to administer the provisions of this subsection (2).

(k)  If any county assumes countywide responsibility for fire protection or any

board of county commissioners becomes the board of a fire protection district and adopts a countywide merit, civil service, or career service system, any civil service system established under the provision of this subsection (2) shall be dissolved and merged with such countywide system, including all employees' benefits, rights, liabilities, and duties accrued or incurred under this subsection (2), and the same shall be continued following such merger.

(3) (a)  The chief of the fire department in each fire protection district in the

state of Colorado, by virtue of the office held by the chief, shall have authority over the supervision of all fires within the district; except that responsibility for coordinating fire suppression efforts in case of any prairie, forest, or wildland fire that exceeds the capabilities of the district to control or extinguish shall be transferred to the county sheriff in accordance with section 30-10-513, subject to the duties and obligations imposed by this subsection (3) and subject to the provisions of any relevant plans or agreements. The chief is vested with the other express authority contained in this subsection (3), including commanding the fire department of such district.

(b)  The chief of the fire department in each fire protection district shall:


(I)  Enforce all laws of this state and ordinances and resolutions of the

appropriate political subdivisions relating to the prevention of fires and the suppression of arson;

(II) (A)  Inspect, or cause to be inspected by members or officers of his

department, as often as he shall deem necessary, all buildings, premises, and public places, except the interior of any private dwelling, for the purpose of ascertaining and causing to be corrected any condition liable to cause fire or for the purpose of obtaining information relative to the violation of the various provisions of this subsection (3). Any individual conducting such inspection shall carry on his person properly authorized fire department identification which shall be shown, on request, to the owner, lessee, agent, or occupant of any structure prior to the inspection of the same.

(B)  The chief of any such fire department or fire department members

designated by the chief have the authority to enter into all structures and upon all premises within their respective jurisdictions at reasonable times during business hours or such times as such structures or premises are open for the purpose of examination in conformity with the duties imposed by this subsection (3), and it is unlawful for any person to interfere with the chief of any such fire department, or any member of such fire department designated by the chief to conduct an inspection, in the discharge of his duties or to hinder or prevent him from entering into or upon or from inspecting any buildings, establishments, enclosures, or premises in the discharge of his duties.

(III)  Include, as part of the inspections required by subparagraph (II) of this

paragraph (b), all of the following:

(A)  An inspection of all buildings and enclosures to see that proper

receptacles for ashes are provided, to cause all rubbish or other inflammable material to be properly removed or disposed of, and to make such suggestions and issue such orders to the owners or occupants of buildings as, in the opinion of such inspecting officer, will render the same safe from fire;

(B)  An inspection of the surroundings of boilers and other heating apparatus

in any building to ascertain whether all woodwork is properly protected and that no rubbish or combustible material is allowed to accumulate;

(C)  An inspection of fire escapes and stairways to cause the removal of all

obstructions therefrom and of all places where explosives or inflammable compounds are sold or stored;

(D)  An inspection of the construction, placing, repair, and control of all fire

escapes, standpipes, pressure tanks, fire doors, fire shutters, fire lines, fire hose, sprinkling systems, exit lights, and exit signs and a review of the installation and testing of fire equipment in all buildings and places requiring such equipment and of the provisions for means of escape or protection against loss of life and property from fire in such buildings and places;

(IV)  Enforce, within his respective jurisdiction, all laws of this state and

ordinances and resolutions of any appropriate political subdivision pertaining to the keeping, storage, use, manufacture, sale, handling, transportation, or other disposition of highly inflammable materials and rubbish, gunpowder, dynamite, crude petroleum or any of its products, explosive or inflammable liquids or compounds, tablets, torpedoes, or any explosives of a like nature, or any other explosive, including fireworks and firecrackers, and such chief may prescribe the materials and construction of receptacles to be used for the storage of any of said items; but authorization for enforcement of the provisions of this subsection (3) does not extend to the production, transportation, or storage of inflammable liquids as regulated by articles 20 and 20.5 of title 8 and title 34, C.R.S.;

(V)  Investigate or cause to be investigated the cause, origin, and

circumstance of every fire occurring within his jurisdiction by which property is destroyed or damaged and, so far as is possible, determine whether the fire was the result of carelessness or design. Such investigation shall begin immediately upon the occurrence of the fire, and if, after such investigation, the chief is of the opinion that the facts in relation to such fire indicate that a crime has been committed, he shall present the facts of such investigation and the testimony taken from any person involved, together with any other data in his possession, to the district attorney of the proper county, with his request that the district attorney institute such criminal proceedings as the investigation, testimony, or data may warrant. It is the duty of the district attorney upon such request to assist in such further investigation as may be required.

(c)  Whenever any chief, or any designated member of a fire department,

finds, through inspection procedures as outlined in subparagraph (II) or (III) of paragraph (b) of this subsection (3), any building or other structure which, for want of repair of or lack of or insufficient fire escapes, automatic or other fire alarm apparatus, or fire extinguishing equipment as may be required by law or for reasons of age, dilapidated condition, or any other cause, is especially liable to fire or is hazardous to the safety of the occupants thereof and which is so situated as to endanger other property, and whenever such officer finds in any building combustible or explosive matter or inflammable conditions, dangerous to the safety of such building or its occupants, the chief shall order the same to be removed or remedied, and such order shall forthwith be complied with by the owner, lessee, agent, or occupant of such premises or buildings. Any such owner, lessee, agent, or occupant who feels himself aggrieved by any such order may file, within five days after the making of any such order, a petition with the district court of the county in which such premises or building is located, requesting a review of such order, and it is the duty of such court to hear the same at the first convenient day and to make such order in the premises as justice may require, and such decision shall be final.

(d)  Any owner, lessee, agent, or occupant of any building or premises

maintaining any condition likely to cause fire or to constitute an additional fire hazard or any condition which impedes or prevents the egress of persons from such building or premises in violation of the provisions of this subsection (3) shall be deemed to be maintaining a fire hazard. Any person who violates any provision of this subsection (3) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars nor more than two hundred fifty dollars. Each day in which such a violation occurs shall constitute a separate violation of this subsection (3).

(4) (a)  Within any fire protection district organized under the provisions of

this article, it is unlawful for any person:

(I)  To willfully or maliciously give, make, or cause to be given or made a false

alarm of fire, whether by the use of a fire alarm box, telephone call, or otherwise;

(II)  To willfully or maliciously disconnect, cut, or sever any wire of the fire

alarm telegraph or in any manner tamper with any part of such communication apparatus;

(III)  To aid, abet, knowingly permit, or participate in the commission of any

act prohibited by this paragraph (a).

(b)  Any person who violates any provision of this subsection (4) commits a

class 2 misdemeanor.

(c)  The provisions of paragraphs (a) and (b) of this subsection (4) shall not

limit the power of municipalities to enact ordinances covering the same or similar subject matter, but no person acquitted of, convicted of, or pleading guilty to a violation of a municipal ordinance shall be charged or tried in a state court for the same or a similar offense, and no person acquitted of, convicted of, or pleading guilty to a violation of paragraph (a) of this subsection (4) in a state court shall be charged or tried in a municipal court for the same or a similar offense.

(5)  The district attorney in the judicial district in which the special district

was organized shall prosecute any violation under subsection (3) or (4) of this section.

Source: L. 81: Entire article R&RE, p. 1591, � 1, effective July 1. L. 85: (1)(d) and

(1)(f) amended, p. 1062, � 2, effective July 1. L. 92: (2)(a), (2)(b)(III), and (2)(i) amended, p. 887, � 126, effective January 1, 1993. L. 95: (1)(g) amended, p. 1386, � 19, effective June 5; (3)(b)(IV) amended, p. 420, � 10, effective July 1. L. 96: (2)(b)(I) amended, p. 247, � 1, effective April 8; (1)(d) amended, p. 283, � 3, effective April 11; (1)(g) amended, p. 943, � 9, effective May 23. L. 97: (1)(h), (2)(b)(IV), (2)(c)(II), (2)(e), and (2)(h) amended, p. 1027, � 59, effective August 6. L. 2009: (3)(a) amended, (SB 09-020), ch. 189, p. 830, � 6, effective April 30; (1)(e)(I) amended, (HB 09-1041), ch. 415, p. 2291, � 1, effective August 5; (3)(a) amended, (SB 09-001), ch. 30, p. 128, � 6, effective August 5. L. 2010: (1)(e)(I)(B) amended, (HB 10-1095), ch. 23, p. 96, � 1, effective August 11. L. 2016: (1)(d.5) added, (HB 16-1088), ch. 259, p. 1061, � 4, effective June 8; (2)(a) and (2)(i) amended, (SB 16-189), ch. 210, p. 788, � 93, effective June 6. L. 2017: IP(1) and (1)(d) amended, (SB 17-222), ch. 245, p. 1028, � 7, effective August 9. L. 2021: (4)(b) amended, (SB 21-271), ch. 462, p. 3257, � 545, effective March 1, 2022. L. 2024: (1)(d.5) and IP(1)(e) amended, (SB 24-194), ch. 230, p. 1413, � 3, effective August 7; (3)(a) amended, (HB 24-1155), ch. 48, p. 172, � 8, effective August 7. L. 2025: (1)(i) added, (HB 25-1009), ch. 42, p. 196, � 3, effective August 6.

Editor's note: (1)  The provisions of this section are similar to provisions of

several former sections as they existed prior to 1981. For a detailed comparison, see the comparative tables located in the back of the index.

(2)  Amendments to subsection (3)(a) by Senate Bill 09-001 and Senate Bill

09-020 were harmonized.

Cross references: (1)  For provisions in title 34 concerning storage of

flammable liquids as referred to in subsection (3)(b)(IV), see article 64 of title 34 concerning underground storage of natural gas.

(2)  For the legislative declaration contained in the 1995 act amending

subsection (1)(g), see section 1 of chapter 254, Session Laws of Colorado 1995. For the legislative declaration in HB 25-1009, see section 1 of chapter 42, Session Laws of Colorado 2025.

(3)  For the short title (Public Safety Fairness Act) in HB 16-1088, see

section 1 of chapter 259, Session Laws of Colorado 2016.

C.R.S. § 34-61-102

34-61-102. Location of borehole restricted. No borehole penetrating a gas-bearing or oil-bearing formation shall be located within two hundred feet of a shaft or entrance to a coal mine not definitely abandoned or sealed. No such borehole shall be located within one hundred feet of any mine shaft house, mine boiler house, mine engine house, or mine fan. The location of any proposed borehole must ensure that when drilled it will be at least fifteen feet from any mine haulage or airway.

Source: L. 15: p. 375, � 32. C.L. � 3645. CSA: C. 118, � 45. CRS 53: � 100-3-2.

C.R.S. 1963: � 100-3-2.

C.R.S. § 35-52-113

35-52-113. Garbage cooking. (1) It is unlawful for any person, firm, partnership, or corporation, including charitable institutions, to feed garbage to animals unless the garbage has been heated throughout to boiling or equivalent temperature for thirty minutes or heated according to a method specifically adopted by the state agricultural commission; except that this requirement does not apply to an individual who feeds to the individual's own animals only the garbage obtained from the individual's household.

(2)  Garbage to be fed to swine located within the state of Colorado shall be

cooked or heated as provided in subsection (1) of this section by one or more of the following methods:

(a)  Wet steaming or boiling in an open vat;


(b)  Dry steaming or boiling in a jacketed kettle;


(c)  Steaming in a pressure cylinder;


(d)  Steam boilers; or


(e)  Direct heating.


Source: L. 65: p. 229, � 3. C.R.S. 1963: � 8-6-13. L. 2025: (1) amended, (HB

25-1084), ch. 24, p. 135, � 140, effective August 6.

C.R.S. § 38-35-204

38-35-204. Order to show cause. (1) Any person whose real or personal property is affected by a recorded or filed lien or document that the person believes is a spurious lien or spurious document may petition the district court in the county or city and county in which the lien or document was recorded or filed or the federal district court in Colorado for an order to show cause why the lien or document should not be declared invalid. The petition shall set forth a concise statement of the facts upon which the petition is based and shall be supported by an affidavit of the petitioner or the petitioner's attorney. The order to show cause may be granted ex parte and shall:

(a)  Direct any lien claimant and any person who recorded or filed the lien or

document to appear as respondent before the court at a time and place certain not less than fourteen days nor more than twenty-one days after service of the order to show cause why the lien or document should not be declared invalid and why such other relief provided for by this section should not be granted;

(b)  State that, if the respondent fails to appear at the time and place

specified, the spurious lien or spurious document will be declared invalid and released; and

(c)  State that the court shall award costs, including reasonable attorney

fees, to the prevailing party.

(2)  If, following the hearing on the order to show cause, the court determines

that the lien or document is a spurious lien or spurious document, the court shall make findings of fact and enter an order and decree declaring the spurious lien or spurious document and any related notice of lis pendens invalid, releasing the recorded or filed spurious lien or spurious document, and entering a monetary judgment in the amount of the petitioner's costs, including reasonable attorney fees, against any respondent and in favor of the petitioner. A certified copy of such order may be recorded or filed in the office of any state or local official or employee, including the clerk and recorder of any county or city and county and the Colorado secretary of state.

(3)  If, following the hearing on the order to show cause, the court determines

that the lien or document is not a spurious lien or spurious document, the court shall issue an order so finding and enter a monetary judgment in the amount of any respondent's costs, including reasonable attorney fees, against any petitioner and in favor of the respondent.

Source: L. 97: Entire part added, p. 37, � 1, effective March 20. L. 2012: (1)(a)

amended, (SB 12-175), ch. 208, p. 895, � 170, effective July 1.

Editor's note: Section 38-22.5-110 states that this section applies to liens

asserted pursuant to article 22.5 of this title.

ARTICLE 35.5

Nondisclosure of Information Psychologically

Impacting Real Property

38-35.5-101.  Circumstances psychologically impacting real property - no

duty for broker or salesperson to disclose. (1) Facts or suspicions regarding circumstances occurring on a parcel of property which could psychologically impact or stigmatize such property are not material facts subject to a disclosure requirement in a real estate transaction. Such facts or suspicions include, but are not limited to, the following:

(a)  That an occupant of real property is, or was at any time suspected to be,

infected or has been infected with human immunodeficiency virus (HIV) or diagnosed with acquired immune deficiency syndrome (AIDS), or any other disease which has been determined by medical evidence to be highly unlikely to be transmitted through the occupancy of a dwelling place; or

(b)  That the property was the site of a homicide or other felony or of a

suicide.

(2)  No cause of action shall arise against a real estate broker or salesperson

for failing to disclose such circumstance occurring on the property which might psychologically impact or stigmatize such property.

Source: L. 91: Entire article added, p. 1636, � 20, effective July 1.

ARTICLE 35.7

Disclosures Required in Connection with

Conveyances of Residential Real Property

38-35.7-101.  Disclosure - special taxing districts - general obligation

indebtedness. (1) Every contract for the purchase and sale of residential real property shall contain a disclosure statement in bold-faced type which is clearly legible and in substantially the following form:

SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND TAX TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYERS SHOULD INVESTIGATE THE SPECIAL TAXING DISTRICTS IN WHICH THE PROPERTY IS LOCATED BY CONTACTING THE COUNTY TREASURER, BY REVIEWING THE CERTIFICATE OF TAXES DUE FOR THE PROPERTY, AND BY OBTAINING FURTHER INFORMATION FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR.

(2)  The obligation to provide the disclosure set forth in subsection (1) of this

section shall be upon the seller, and, in the event of the failure by the seller to provide the written disclosure described in subsection (1) of this section, the purchaser shall have a claim for relief against the seller for all damages to the purchaser resulting from such failure plus court costs.

Source: L. 92: Entire article added, p. 995, � 4, effective July 1. L. 2009: (1)

amended, (SB 09-087), ch. 325, p. 1735, � 7, effective July 1.

38-35.7-102.  Disclosure - common interest community - obligation to pay

assessments - requirement for architectural approval. (1) On and after January 1, 2007, every contract for the purchase and sale of residential real property in a common interest community shall contain a disclosure statement in bold-faced type that is clearly legible and in substantially the following form:

THE PROPERTY IS LOCATED WITHIN A COMMON INTEREST COMMUNITY AND IS SUBJECT TO THE DECLARATION FOR SUCH COMMUNITY. THE OWNER OF THE PROPERTY WILL BE REQUIRED TO BE A MEMBER OF THE OWNER'S ASSOCIATION FOR THE COMMUNITY AND WILL BE SUBJECT TO THE BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION. THE DECLARATION, BYLAWS, AND RULES AND REGULATIONS WILL IMPOSE FINANCIAL OBLIGATIONS UPON THE OWNER OF THE PROPERTY, INCLUDING AN OBLIGATION TO PAY ASSESSMENTS OF THE ASSOCIATION. IF THE OWNER DOES NOT PAY THESE ASSESSMENTS, THE ASSOCIATION COULD PLACE A LIEN ON THE PROPERTY AND POSSIBLY SELL IT TO PAY THE DEBT. THE DECLARATION, BYLAWS, AND RULES AND REGULATIONS OF THE COMMUNITY MAY PROHIBIT THE OWNER FROM MAKING CHANGES TO THE PROPERTY WITHOUT AN ARCHITECTURAL REVIEW BY THE ASSOCIATION (OR A COMMITTEE OF THE ASSOCIATION) AND THE APPROVAL OF THE ASSOCIATION. PURCHASERS OF PROPERTY WITHIN THE COMMON INTEREST COMMUNITY SHOULD INVESTIGATE THE FINANCIAL OBLIGATIONS OF MEMBERS OF THE ASSOCIATION. PURCHASERS SHOULD CAREFULLY READ THE DECLARATION FOR THE COMMUNITY AND THE BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION.

(2) (a)  The obligation to provide the disclosure set forth in subsection (1) of

this section shall be upon the seller, and, in the event of the failure by the seller to provide the written disclosure described in subsection (1) of this section, the purchaser shall have a claim for relief against the seller for actual damages directly and proximately caused by such failure plus court costs. It shall be an affirmative defense to any claim for damages brought under this section that the purchaser had actual or constructive knowledge of the facts and information required to be disclosed.

(b)  Upon request, the seller shall either provide to the buyer or authorize the

unit owners' association to provide to the buyer, upon payment of the association's usual fee pursuant to section 38-33.3-317 (4), all of the common interest community's governing documents and financial documents, as listed in the most recent available version of the contract to buy and sell real estate promulgated by the real estate commission as of the date of the contract.

(3)  This section shall not apply to the sale of a unit that is a time share unit,

as defined in section 38-33-110 (7).

Source: L. 2005: Entire section added, p. 1389, � 19, effective January 1,

1. L. 2006: Entire section R&RE, p. 1225, � 15, effective May 26. L. 2012: (2)(b) amended, (HB 12-1237), ch. 232, p. 1019, � 2, effective January 1, 2013.

   38-35.7-103. Disclosure - methamphetamine laboratory. (1) A buyer of residential real property has the right to test the property for the purpose of determining whether the property has ever been used as a methamphetamine laboratory.

   (2) (a) Tests conducted pursuant to this section shall be performed by a certified industrial hygienist or industrial hygienist, as those terms are defined in section 24-30-1402, C.R.S., and in accordance with the procedures and standards established by rules of the state board of health promulgated pursuant to section 25-18.5-102, C.R.S. If the buyer's test results indicate that the property has been contaminated with methamphetamine or other contaminants for which standards have been established pursuant to section 25-18.5-102, C.R.S., and has not been remediated to meet the standards established by rules of the state board of health promulgated pursuant to section 25-18.5-102, C.R.S., the buyer shall promptly give written notice to the seller of the results of the test, and the buyer may terminate the contract. The contract shall not limit the rights to test the property or to cancel the contract based upon the result of the tests.

   (b) The seller shall have thirty days after receipt of the notice to conduct a second independent test. If the seller's test results indicate that the property has been used as a methamphetamine laboratory but has not been remediated to meet the standards established by rules of the state board of health promulgated pursuant to section 25-18.5-102, C.R.S., then the second independent hygienist shall so notify the seller.

   (c) If the seller receives a notice under this subsection (2) and does not elect to have the property retested under this subsection (2), then an illegal drug laboratory used to manufacture methamphetamine has been discovered. Nothing in this section prohibits a buyer from purchasing the property and assuming liability under section 25-18.5-103, C.R.S., if, on the date of closing, the buyer provides notice to the department of public health and environment and governing body of the purchase and assumption of liability and if the remediation required by section 25-18.5-103, C.R.S., is completed within ninety days after the date of closing.

   (3) (a) Except as specified in subsection (4) of this section, the seller shall disclose in writing to the buyer whether the seller knows that the property was previously used as a methamphetamine laboratory.

   (b) A seller who fails to make a disclosure required by this section at or before the time of sale and who knew of methamphetamine production on the property is liable to the buyer for:

   (I) Costs relating to remediation of the property according to the standards established by rules of the state board of health promulgated pursuant to section 25-18.5-102, C.R.S.;

   (II) Costs relating to health-related injuries occurring after the sale to residents of the property caused by methamphetamine production on the property; and

   (III) Reasonable attorney fees for collection of costs from the seller.

   (c) A buyer shall commence an action under this subsection (3) within three years after the date on which the buyer closed the purchase of the property where the methamphetamine production occurred.

   (4) If the seller becomes aware that the property was an illegal methamphetamine drug laboratory, remediates the property in accordance with the standards established pursuant to section 25-18.5-102, and receives certificates of compliance under section 25-18.5-102 (1)(e), then:

   (a) The seller is not required to disclose that the property was used as an illegal methamphetamine drug laboratory to a buyer; and

   (b) Five years after the later date on the certificates of compliance issued pursuant to section 25-18.5-102 (1)(e), the property is no longer included in the database listing properties that have been used as an illegal methamphetamine drug laboratory in accordance with section 25-18.5-106 (2).

   (5) For purposes of this section, residential real property or property includes a manufactured home; mobile home; condominium; townhome; home sold by the owner, a financial institution, or the federal department of housing and urban development; rental property, including an apartment; and short-term residence such as a motel or hotel.

   Source: L. 2006: Entire section added, p. 712, � 1, effective January 1, 2007. L. 2009: (2)(a) amended, (SB 09-060), ch. 140, p. 601, � 3, effective April 20. L. 2013: (2)(c) and (4) amended, (SB 13-219), ch. 293, p. 1570, � 2, effective August 7. L. 2023: (4) and (5) amended, (SB 23-148), ch. 326, p. 1958, � 5, effective August 7.

   38-35.7-104. Disclosure of potable water source - rules. (1) (a) (I) By January 1, 2008, the real estate commission created in section 12-10-206 shall, by rule, require each listing contract, contract of sale, or seller's property disclosure for residential real property that is subject to the commission's jurisdiction pursuant to article 10 of title 12 to disclose the source of potable water for the property, which disclosure shall include substantially the following information:

THE SOURCE OF POTABLE WATER FOR THIS REAL ESTATE IS:

A WELL;

A WATER PROVIDER, WHICH CAN BE CONTACTED AS FOLLOWS:

NAME:

ADDRESS:

WEB SITE:

TELEPHONE:

NEITHER A WELL NOR A WATER PROVIDER. THE SOURCE IS [DESCRIBE]:

SOME WATER PROVIDERS RELY, TO VARYING DEGREES, ON NONRENEWABLE GROUNDWATER. YOU MAY WISH TO CONTACT YOUR PROVIDER TO DETERMINE THE LONG-TERM SUFFICIENCY OF THE PROVIDER'S WATER SUPPLIES.

(II)  On and after January 1, 2008, each listing contract, contract of sale, or

seller's property disclosure for residential real property that is not subject to the real estate commission's jurisdiction pursuant to article 10 of title 12 shall contain a disclosure statement in bold-faced type that is clearly legible in substantially the same form as is specified in subsection (1)(a)(I) of this section.

(b)  If the disclosure statement required by paragraph (a) of this subsection

(1) indicates that the source of potable water is a well, the seller shall also provide with such disclosure a copy of the current well permit if one is available.

(2)  The obligation to provide the disclosure set forth in subsection (1) of this

section shall be upon the seller. If the seller complies with this section, the purchaser shall not have any claim under this section for relief against the seller or any person licensed pursuant to article 10 of title 12 for any damages to the purchaser resulting from an alleged inadequacy of the property's source of water. Nothing in this section shall affect any remedy that the purchaser may otherwise have against the seller.

(3)  For purposes of this section, residential real property means residential

land and residential improvements, as those terms are defined in section 39-1-102, C.R.S., but does not include hotels and motels, as those terms are defined in section 39-1-102, C.R.S.; except that a mobile home and a manufactured home, as those terms are defined in section 39-1-102, C.R.S., shall be deemed to be residential real property only if the mobile home or manufactured home is permanently affixed to a foundation.

Source: L. 2007: Entire section added, p. 853, � 1, effective August 3. L.

2019: (1)(a) and (2) amended, (HB 19-1172), ch. 136, p. 1724, � 236, effective October 1.

38-35.7-105.  Disclosure of transportation projects - rules. No later than

January 1, 2009, the real estate commission created in section 12-10-206 shall, by rule, require each seller's property disclosure for real property that is subject to the commission's jurisdiction pursuant to article 10 of title 12 to disclose the existence of any proposed or existing transportation project that affects or is expected to affect the real property.

Source: L. 2008: Entire section added, p. 1713, � 10, effective June 2. L. 2019:

Entire section amended, (HB 19-1172), ch. 136, p. 1725, � 237, effective October 1.

38-35.7-106.  Solar prewire option - solar consultation. (1) (a)  Every person

that builds a new single-family detached residence for which a buyer is under contract shall offer the buyer the opportunity to have each of the following options included in the residence's electrical system or plumbing system, or both:

(I)  A residential photovoltaic solar generation system or a residential solar

thermal system, or both;

(II)  Upgrades of wiring or plumbing, or both, planned by the builder to

accommodate future installation of such systems; and

(III)  A chase or conduit, or both, constructed to allow ease of future

installation of the necessary wiring or plumbing for such systems.

(b)  The offer required by subsection (1)(a) of this section must be made in

accordance with the builder's construction schedule for the residence.

(2)  Every person that builds a new single-family detached residence for sale,

whether or not the residence has been prewired for a photovoltaic solar generation system, shall provide to every buyer under contract a list of businesses in the area that offer residential solar installation services so that the buyer, if he or she so desires, can obtain expert help in assessing whether the residence is a good candidate for solar installation and how much of a cost savings a residential photovoltaic solar generation system could provide. The list of businesses shall be derived from a master list of Colorado solar installers maintained by the Colorado solar energy industries association, or a successor organization.

(3)  Repealed.


(4)  Providing the master list of solar installers prepared by the Colorado

solar energy industries association, or a successor organization, to a buyer under contract shall not constitute an endorsement of any installer or contractor listed. A person that builds a new single-family detached residence shall not be liable for any advice, labor, or materials provided to the buyer by a third-party solar installer.

(5)  Repealed.


(6)  Nothing in this section shall preclude a person that builds a new single-family detached residence from:


(a)  Subjecting solar photovoltaic electrical system upgrades to the same

terms and conditions as other upgrades, including but not limited to charges related to upgrades, deposits required for upgrades, deadlines, and construction timelines;

(b)  Selecting the contractors that will complete the installation of solar

photovoltaic electrical system upgrades;

(c)  Stipulating in the purchase agreement or sales contract that solar

photovoltaic electrical system upgrades are based on technology available at the time of installation and such upgrades may not support all solar photovoltaic systems or systems installed at a future date, and that the person that builds a new single-family detached residence shall not be liable for any additional upgrades, retrofits, or other alterations to the residence that may be necessary to accommodate a solar photovoltaic system installed at a future date.

(7) (a)  This section applies to contracts entered into on or after August 10,

2009, to purchase new single-family detached residences built on or after August 10, 2009.

(b)  This section does not apply to:


(I)  An unoccupied home serving as sales inventory or a model home; or


(II)  A manufactured home as defined in section 24-32-3302 (20).


Source: L. 2009: Entire section added, (HB 09-1149), ch. 235, p. 1073, � 1,

effective August 5. L. 2012: (2), (3), (4), and (5) amended, (HB 12-1315), ch. 224, p. 977, � 43, effective July 1. L. 2018: (2) and (4) amended and (3) and (5) repealed, (SB 18-003), ch. 359, p. 2148, � 11, effective June 1. L. 2020: (1) and (7) amended, (HB 20-1155), ch. 193, p. 895, � 2, effective September 14.

38-35.7-107.  Water-smart homes option. (1) (a)  Every person that builds a

new single-family detached residence for which a buyer is under contract shall offer the buyer the opportunity to select one or more of the following water-smart home options for the residence:

(I)  Repealed.


(II)  If dishwashers or clothes washers are financed, installed, or sold as

upgrades through the home builder, the builder shall offer a model that is qualified pursuant to the federal environmental protection agency's energy star program at the time of offering. Clothes washers shall have a water factor of less than or equal to six gallons of water per cycle per cubic foot of capacity.

(III)  If landscaping is financed, installed, or sold as upgrades through the

home builder and will be maintained by the home owner, the home builder shall offer a landscape design that follows the landscape practices specified in this subparagraph (III) to ensure both the professional design and installation of such landscaping and that water conservation will be accomplished. These best management practices are contained in the document titled Green Industry Best Management Practices (BMPs) for the Conservation and Protection of Water Resources in Colorado: Moving Toward Sustainability, 3rd release, and appendix, released in May 2008, or this document's successors due to future inclusion of improved landscaping practices, water conservation advancements, and new irrigation technology. The best management practices specified in this subparagraph (III), through utilization of the proper landscape design, installation, and irrigation technology, accomplish substantial water savings compared to landscape designs, installation, and irrigation system utilization where these practices are not adhered to. The following best management practices and water budget calculator form the basis for the design and installation for the front yard landscaping option if selected by the homeowner as an upgrade:

(A)  Xeriscape: To include the seven principles of xeriscape that provide a

comprehensive approach for conserving water;

(B)  Water budgeting: To include either a water allotment by the water utility

for the property, if offered by the water utility, or a landscape water budget based on plant water requirements;

(C)  Landscape design: To include a plan and design for the landscape to

comprehensively conserve water and protect water quality;

(D)  Landscape installation and erosion control: To minimize soil erosion and

employ proper soil care and planting techniques during construction;

(E)  Soil amendment and ground preparation: To include an evaluation of the

soil and improve it, if necessary, to address water retention, permeability, water infiltration, aeration, and structure;

(F)  Tree placement and tree planting: To include proper soil and space for

root growth and to include proper planting of trees, shrubs, and other woody plants to promote long-term health of these plants;

(G)  Irrigation design and installation: To include design of the irrigation

system for the efficient and uniform distribution of water to plant material and the development of an irrigation schedule;

(H)  Irrigation technology and scheduling: To include water conserving

devices that stop water application during rain, high wind, and other weather events and incorporate evapotranspiration conditions. Irrigation scheduling should address frequency and duration of water application in the most efficient manner; and

(I)  Mulching: To include the use of organic mulches to reduce water loss

through evaporation, reduce soil loss, and suppress weeds.

(IV)  Installation of a pressure-reducing valve that limits static service

pressure in the residence to a maximum of sixty pounds per square inch. Piping for home fire sprinkler systems shall comply with state and local codes and regulations but are otherwise excluded from this subparagraph (IV).

(b)  The offer required by paragraph (a) of this subsection (1) shall be made in

accordance with the builder's construction schedule for the residence. In the case of prefabricated or manufactured homes, construction schedule includes the schedule for completion of prefabricated walls or other subassemblies.

(2)  Nothing in this section precludes a person that builds a new single-family

detached residence from:

(a)  Subjecting water-efficient fixture and appliance upgrades to the same

terms and conditions as other upgrades, including charges related to upgrades, deposits required for upgrades, deadlines, and construction timelines;

(b)  Selecting the contractors that will complete the installation of the

selected options; or

(c)  Stipulating in the purchase agreement or sales contract that water-efficient fixtures and appliances are based on technology available at the time of

installation, such upgrades may not support all water-efficient fixtures or appliances installed at a future date, and the person that builds a new single-family detached residence is not liable for any additional upgrades, retrofits, or other alterations to the residence that may be necessary to accommodate water-efficient fixtures or appliances installed at a future date.

(3)  This section does not apply to unoccupied homes serving as sales

inventory or model homes.

(4)  The upgrades described in paragraph (a) of subsection (1) of this section

shall not contravene state or local codes, covenants, and requirements. All homes, landscapes, and irrigation systems shall meet all applicable national, state, and local regulations.

Source: L. 2010: Entire section added, (HB 10-1358), ch. 398, p. 1892, � 1,

effective January 1, 2011. L. 2011: IP(1)(a)(III) amended, (HB 11-1303), ch. 264, p. 1174, � 89, effective August 10. L. 2014: (1)(a)(I)(B) added by revision, (SB 14-103), ch. 384, pp. 1877, 1880, � 3, 6.

Editor's note: Subsection (1)(a)(I)(B) provided for the repeal of subsection

(1)(a)(I), effective September 1, 2016. (See L. 2014, pp. 1877, 1880.)

38-35.7-108.  Disclosure of oil and gas activity - rules. (1) (a)  By January 1,

2016, the real estate commission created in section 12-10-206 shall promulgate a rule requiring each contract of sale or seller's property disclosure for residential real property that is subject to the commission's jurisdiction to disclose the following or substantially similar information:

THE SURFACE ESTATE OF THE PROPERTY MAY BE OWNED SEPARATELY

FROM THE UNDERLYING MINERAL ESTATE, AND TRANSFER OF THE SURFACE ESTATE MAY NOT INCLUDE TRANSFER OF THE MINERAL ESTATE. THIRD PARTIES MAY OWN OR LEASE INTERESTS IN OIL, GAS, OR OTHER MINERALS UNDER THE SURFACE, AND THEY MAY ENTER AND USE THE SURFACE ESTATE TO ACCESS THE MINERAL ESTATE.

 THE USE OF THE SURFACE ESTATE TO ACCESS THE MINERALS MAY BE

GOVERNED BY A SURFACE USE AGREEMENT, A MEMORANDUM OR OTHER NOTICE OF WHICH MAY BE RECORDED WITH THE COUNTY CLERK AND RECORDER.

 THE OIL AND GAS ACTIVITY THAT MAY OCCUR ON OR ADJACENT TO

THIS PROPERTY MAY INCLUDE, BUT IS NOT LIMITED TO, SURVEYING, DRILLING, WELL COMPLETION OPERATIONS, STORAGE, OIL AND GAS, OR PRODUCTION FACILITIES, PRODUCING WELLS, REWORKING OF CURRENT WELLS, AND GAS GATHERING AND PROCESSING FACILITIES.

 THE BUYER IS ENCOURAGED TO SEEK ADDITIONAL INFORMATION

REGARDING OIL AND GAS ACTIVITY ON OR ADJACENT TO THIS PROPERTY, INCLUDING DRILLING PERMIT APPLICATIONS. THIS INFORMATION MAY BE AVAILABLE FROM THE ENERGY AND CARBON MANAGEMENT COMMISSION.

(b)  On and after January 1, 2016, each contract of sale or seller's property

disclosure for residential real property that is not subject to the real estate commission's jurisdiction must contain a disclosure statement in bold-faced type that is clearly legible in substantially the same form as is specified in paragraph (a) of this subsection (1).

(2)  The disclosure required by subsection (1) of this section does not create a

duty to investigate or disclose that does not otherwise exist for the seller, a person licensed under article 10 of title 12, or a title insurance agent or company licensed under article 2 of title 10.

Source: L. 2014: Entire section added, (SB 14-009), ch. 74, p. 305, � 1,

effective August 6. L. 2019: IP(1)(a) and (2) amended, (HB 19-1172), ch. 136, p. 1725, � 238, effective October 1. L. 2023: (1)(a) amended, (SB 23-285), ch. 235, p. 1258, � 41, effective July 1.

38-35.7-109.  Electric vehicle charging and heating systems - options -

definitions. (1) (a) A person that builds a new residence for which a buyer is under contract shall offer the buyer the opportunity to have the residence's electrical system include one of the following:

(I)  An electric vehicle charging system;


(II)  Upgrades of wiring planned by the builder to accommodate future

installation of an electric vehicle charging system; or

(III)  A two-hundred-eight- to two-hundred-forty-volt alternating current

plug-in receptacle in an appropriate place accessible to a motor vehicle parking area.

(b)  A person that builds a new residence for which a buyer is under contract

shall offer the buyer the opportunity to have the residence include an efficient electrical heating system, including an electric water heater, electric boiler, or electric furnace or heat-pump system.

(c)  A person that builds a new residence for which a buyer is under contract

shall offer the buyer pricing, energy efficiency, and utility bill information for each natural gas, electric, or other option available from and information pertaining to those options from the federal Energy Star program, as defined in section 6-7.5-102 (24), or similar information about energy efficiency and utilization reasonably available to the person building the residence.

(d)  Subsection (1)(a) of this section does not apply to a residence in which the

electrical system has been substantially installed before a buyer enters into a contract to purchase the residence. Subsection (1)(b) of this section does not apply to a residence in which the heating system has been substantially installed before a buyer enters into a contract to purchase the residence.

(2)  To comply with this section, the offer required by subsection (1) of this

section must be made in accordance with the builder's construction schedule for the residence.

(3)  Nothing in this section precludes a person that builds a new residence

from:

(a)  Subjecting electric vehicle charging system upgrades to the same terms

and conditions as other upgrades, including charges related to upgrades, deposits required for upgrades, deadlines, and construction timelines;

(b)  Selecting the contractors that will complete the installation of electric

vehicle charging system upgrades;

(c)  Stipulating in the purchase agreement or sales contract that:


(I)  Electric vehicle charging system upgrades are based on technology

available at the time of installation and might not support all electric vehicle charging systems or systems installed in the future; and

(II)  The person that builds a new residence is not liable for any additional

upgrades, retrofits, or other alterations to the residence necessary to accommodate an electric vehicle charging system installed in the future.

(4)  As used in this section:


(a)  Electric vehicle charging system means:


(I)  An electric vehicle charging system as defined in section 38-12-601 (6)(a)

that has power capacity of at least 6.2 kilowatts, that is Energy Star certified, and that has the ability to connect to the internet; or

(II)  An inductive residential charging system for battery-powered electric

vehicles that is certified by Underwriters Laboratories or an equivalent certification, that complies with the current version of article 625 of the National Electrical Code, published by the National Fire Protection Association, and other applicable industry standards, that is Energy Star certified, and that has the ability to connect to the internet.

(b)  Residence means a single-family owner-occupied detached dwelling.


(5) (a)  This section applies to contracts entered into on or after September

14, 2020, to purchase new residences built on or after September 14, 2020.

(b)  This section does not apply to:


(I)  An unoccupied home serving as sales inventory or a model home; or


(II)  A manufactured home as defined in section 24-32-3302 (20).


Source: L. 2020: Entire section added, (HB 20-1155), ch. 193, p. 896, � 3,

effective September 14. L. 2023: (1)(c) amended, (HB 23-1161), ch. 285, p. 1717, � 11, effective August 7.

38-35.7-110.  Disclosure - estimated future property taxes for residences

within the boundaries of a metropolitan district - rules - definition.

(1)  Repealed.


(2)  On and after January 1, 2022, an owner of residential real property that is

located within the boundaries of a metropolitan district organized on or after January 1, 2000, that sells the property, concurrently with or prior to the execution of a contract to sell the property, shall provide to the purchaser of the property:

(a)  A paper copy, electronic copy, or a website page link to the notice to

electors required by section 32-1-809 (1) as most recently prepared and filed by the metropolitan district;

(b)  A paper copy, electronic copy, or a website page link to the service plan

or statement of purpose of the metropolitan district, including any amendments to the service plan, as filed with the division of local government in the department of local affairs;

(c)  A statement in writing disclosing that:


(I)  Pursuant to its service plan, the metropolitan district has authority to

issue up to ____ dollars of debt and, if applicable, that the debt of the district may be repaid through ad valorem property taxes, from a debt service mill levy on all taxable property of the district, or any other legally available revenues of the district;

(II)  The maximum debt service mill levy the metropolitan district is permitted

to impose under the service plan is ____ mills or, if no maximum debt service mill levy is specified in the service plan, a statement that there is no maximum debt service mill levy. If applicable, the statement must also disclose whether the debt service mill levy cap may be adjusted due to changes in the constitutional or statutory method of assessing property tax or in the assessment ratio, or by amendments to the service plan or voter authorizations.

(III)  In addition to imposing a debt service mill levy, the metropolitan district

is also authorized to impose a separate mill levy to generate revenues for general operating expenses. If applicable, the statement must also disclose whether the amount of the general operating expenses mill levy may be increased as necessary, separate and apart from the debt service mill levy cap. In the alternative, if the service plan provides for the aggregate mill levy cap for debt service and general operating expenses combined, the statement must address the applicable aggregate mill levy cap.

(IV)  The metropolitan district may also rely upon various other revenue

sources authorized by law to offset its expenses of capital construction and general operating expenses. Pursuant to Colorado law, the district may impose fees, rates, tolls, penalties, or other charges as provided in title 32. The statement must include that a current fee schedule, if applicable, is available from the metropolitan district.

(V)  Actions by the metropolitan district pursuant to its authority to issue

debt, impose mill levies, and impose fees, rates, tolls, penalties, or other charges may increase costs to residents living in the metropolitan district.

(d)  An estimate of the dollar amount of property taxes levied by the

metropolitan district that are applicable to the property for collection during the year in which the sale occurs, which estimate must include any debt service mill levies that are specified in subsection (2)(c)(II) of this section and any mill levies for general operating expenses that are specified in subsection (2)(c)(III) of this section, shown both as the total mill levy as well as the total dollar amount that could be collected based upon the purchase price of the property, the residential assessment rate, and mill levies that are in effect in the district at the time of the sale; and

(e)  A copy of the most current certificate of taxes due or tax statement

issued by the county treasurer that is applicable to the property as an estimate of the sum of additional mill levies levied by other taxing entities that overlap the property in which the newly constructed residence is located.

(3)  In disclosing an estimate of property taxes for purposes of satisfying

subsection (2)(d)(I) of this section, the seller shall calculate the estimate based upon application of the following assumptions:

(a)  The purchase price is considered to be the value of the real property

including the newly constructed residence as reflected in the contract to purchase the property;

(b)  The ratio of valuation for assessment is the same as the residential real

property assessment ratio set forth in section 39-1-104.2 for the property tax year in which the sale occurs; and

(c)  The mill levies are the same as those levied by all taxing entities that are

applicable to the property for the property tax year in which the sale occurs; except that, if the seller has actual knowledge that the total mill levies will change in the next property tax year, the seller shall use the updated information in making the calculation.

(4)  Along with the estimate required by subsection (2) of this section, the

seller shall include, in bold-faced type that is clearly legible, the following statement:

This estimate only provides an illustration of the amount of the new property taxes that may be due and owing after the property has been reassessed and, in some instances, reclassified as residential property. This estimate is not a statement of the actual and future taxes that may be due. First year property taxes may be based on a previous year's tax classification, which may not include the full value of the property and, consequently, taxes may be higher in subsequent years. A seller has complied with this disclosure statement as long as the disclosure is based upon a good-faith effort to provide accurate estimates and information.

(5)  A seller is deemed to have complied with this section as long as the

disclosures required by this section are based upon a good-faith effort to provide accurate estimates and information.

Source: L. 2021: Entire section added, (SB 21-262), ch. 368, p. 2430, � 6,

effective September 7. L. 2022: (2)(e) amended, (SB 22-164), ch. 155, p. 984, � 1, effective May 6. L. 2025: (1) repealed, IP(2) and (2)(d) amended, and (2)(c)(V) added, (HB 25-1219), ch. 290, p. 1491, � 4, effective August 6.

38-35.7-111.  Disclosure - metropolitan district website - residences within

the boundaries of a metropolitan district. On or after January 1, 2024, an owner of residential real property that is located within the boundaries of a metropolitan district organized on or after January 1, 2000, that sells the property shall provide the purchaser of the property with the official website established by the metropolitan district pursuant to section 32-1-104.5 (3). The information shall be provided on the Colorado real estate commission approved seller's property disclosure or other concurrent writing.

Source: L. 2023: Entire section added, (SB 23-110), ch. 52, p. 186, � 5,

effective August 7.

38-35.7-112.  Disclosure - elevated radon - rules - definition. (1)  A buyer of

residential real property has the right to be informed of whether the property has been tested for elevated levels of radon.

(2) (a)  Each contract of sale for residential real property must contain the

following disclosure in bold-faced type that is clearly legible in substantially the same form as is specified as follows:

The Colorado Department of Public Health and Environment strongly

recommends that ALL home buyers have an indoor radon test performed before purchasing residential real property and recommends having the radon levels mitigated if elevated radon concentrations are found. Elevated radon concentrations can be reduced by a radon mitigation professional.

Residential real property may present exposure to dangerous levels of

indoor radon gas that may place the occupants at risk of developing radon-induced lung cancer. Radon, a Class A human carcinogen, is the leading cause of lung cancer in nonsmokers and the second leading cause of lung cancer overall. The seller of residential real property is required to provide the buyer with any known information on radon test results of the residential real property.

(b)  Each contract of sale for residential real property or seller's property

disclosure for residential real property must contain the following disclosures:

(I)  Any knowledge the seller has of the residential real property's radon

concentrations, including the following information:

(A)  Whether a radon test or tests have been conducted on the residential

real property;

(B)  The most recent records and reports pertaining to radon concentrations

within the residential real property;

(C)  A description of any radon concentrations detected or mitigation or

remediation performed; and

(D)  Information regarding whether a radon mitigation system has been

installed in the residential real property; and

(II)  An electronic or paper copy of the most recent brochure published by the

department of public health and environment in accordance with section 25-11-114 (2)(a) that provides advice about radon in real estate transactions.

(c)  The real estate commission shall promulgate rules requiring:


(I)  Each contract that is for the purchase and sale of residential real property

and that is subject to the real estate commission's jurisdiction to include the statement described in subsection (2)(a) of this section in bold-faced type that is clearly legible in substantially the same form as described in subsection (2)(a) of this section; and

(II)  Each contract for sale or seller's property disclosure for residential real

property to include the disclosures described in subsection (2)(b) of this section, including rules that specify the format and manner for delivery of the brochure.

(3)  As used in this section:


(a)  Real estate commission means the real estate commission created in

section 12-10-206.

(b)  Residential real property includes:


(I)  A single-family home, manufactured home, mobile home, condominium,

apartment, townhome, or duplex; or

(II)  A home sold by the owner, a financial institution, or the United States

department of housing and urban development.

Source: L. 2023: Entire section added, (SB 23-206), ch. 356, p. 2135, � 2,

effective August 7.

Cross references: For the legislative declaration in SB 23-206, see section 1

of chapter 356, Session Laws of Colorado 2023.

ARTICLE 36

Torrens Title Registration Act

PART 1

TORRENS TITLE REGISTRATION

C.R.S. § 8-12-110

8-12-110. Hazardous occupations prohibited for minors. (1) No minor shall be permitted employment in any occupation declared to be hazardous in subsection (2) of this section unless such minor is fourteen years of age or older and he is employed:

(a)  Incidental to or upon completion of a program of apprentice training;


(b)  Incidental to or upon completion of a student-learner program of

occupational education under the auspices of a public school, local district college, community and technical college, federally funded work-training program, or private occupational school approved by the private occupational school division;

(c)  Upon completion of any other program of training approved by the state

board for community colleges and occupational education; or

(d)  Upon completion of a program of occupational education conducted

outside this state which the director determines offers instructional quality and content comparable to that offered in programs certified by the state board for community colleges and occupational education.

(2)  The following occupations are declared to be hazardous:


(a)  Operation of any high pressure steam boiler or high temperature water

boiler;

(b)  Work which primarily involves the risk of falling from any elevated place

located ten feet or more above the ground except that work defined as agricultural involving elevations of twenty feet or less above ground;

(c)  Manufacturing, transporting, or storing of explosives;


(d)  Mining, logging, oil drilling, or quarrying;


(e)  Any occupation involving exposure to radioactive substances or ionizing

radiation;

(f)  Operation of the following power-driven machinery: Woodworking

machines, metal-forming machines, punching or shearing machines, bakery machines, paper products machines, shears, and automatic pin-setting machines and any other power-driven machinery which the director determines to be hazardous;

(g)  Slaughter of livestock and rendering and packaging of meat;


(h)  Occupations directly involved in the manufacture of brick or other clay

construction products or of silica refractory products;

(i)  Wrecking or demolition, but not including manual auto wrecking;


(j)  Roofing;


(k)  Occupations in excavation operations.


(3)  The director shall promulgate regulations, in accordance with section 24-4-103, C.R.S., to define the occupations prohibited under this section and to

prescribe what types of equipment shall be required to make an occupation nonhazardous for minors.

Source: L. 71: R&RE, p. 893, � 1. C.R.S. 1963: � 80-6-10. L. 79: (1)(b) amended,

p. 1631, � 2, effective July 19. L. 81: (1)(b) amended, p. 851, � 22, effective July 1. L. 86: (2)(f) and (3) amended, p. 473, � 34, effective July 1. L. 88: (1)(a) amended, p. 1429, � 3, effective June 11. L. 90: (1)(b) amended, p. 1160, � 7, effective July 1.

C.R.S. § 8-20-101

8-20-101. Division of oil and public safety - creation - appointment of director - transfer of duties. (1) There is created in the department of labor and employment the division of oil and public safety, the head of which is the director of the division of oil and public safety. The director of the division of oil and public safety is appointed by the executive director of the department of labor and employment and shall not have an interest in the manufacture, sale, or distribution of oils. The division and the director of the division are type 2 entities, as defined in section 24-1-105.

(2)  The director of the division of oil and public safety, on and after July 1,

2001, shall execute, administer, perform, and enforce the rights, powers, duties, functions, and obligations vested prior to July 1, 2001, in the state inspector of oils, the state boiler inspector, and, with respect to articles 6 and 7 of title 9, C.R.S., the director of the division of labor standards and statistics. On July 1, 2001, all employees of the state inspector of oils, the state boiler inspector, and, with respect to duties performed pursuant to articles 6 and 7 of title 9, C.R.S., the director of the division of labor standards and statistics, whose principal duties are concerned with the duties and functions to be performed by the director of the division of oil and public safety and whose employment by the director of the division of oil and public safety is deemed necessary by the director of the division of oil and public safety to carry out the purposes of articles 20 and 20.5 of this title and articles 4, 6, and 7 of title 9, C.R.S., shall be transferred to the director of the division of oil and public safety and shall become employees thereof. These employees shall retain all rights to the state personnel system and retirement benefits under the laws of this state, and their services shall be deemed continuous. All transfers and any abolishment of positions in the state personnel system shall be made and processed in accordance with state personnel system laws and rules.

(3) and (4)  Repealed.


(5)  The director of the division of oil and public safety shall enforce and

administer article 5.5 of title 9, C.R.S.

Source: L. 15: pp. 376, 377, �� 40, 42, 44. L. 19: p. 562, �2. C.L. �� 3653,

3655, 3657. CSA: C. 118, �� 54, 56, 58. CRS 53: �� 100-1-1, 100-1-2. C.R.S. 1963: �� 100-1-1, 100-1-2. L. 69: p. 661, �� 248, 249. L. 2001: Entire section R&RE, p. 1114, � 3, effective June 5. L. 2007: (5) added, p. 1423, � 3, effective January 1, 2008. L. 2008: (3) repealed, p. 1020, � 2, effective May 21. L. 2009: (4) repealed, (HB 09-1151), ch. 230, p. 1060, � 14, effective January 1, 2010. L. 2016: (2) amended, (HB 16-1323), ch. 131, p. 379, � 14, effective August 10. L. 2022: (1) amended, (SB 22-162), ch. 469, p. 3384, � 88, effective August 10.

Cross references: For the short title (the Debbie Haskins 'Administrative

Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.

C.R.S. § 8-20-104

8-20-104. Enforcement of law - penalties - notification by division required - definitions. (1) The director shall enforce this article, articles 4, 5.5, and 7 of title 9, C.R.S., and rules promulgated pursuant to this article and articles 4, 5.5, and 7 of title 9, C.R.S., by appropriate actions in courts of competent jurisdiction.

(2) (a)  The director may issue a notice of violation to a person who is believed

to have violated this article, article 4, 5.5, or 7 of title 9, C.R.S., or rules promulgated pursuant to this article or article 4, 5.5, or 7 of title 9, C.R.S. The notice shall be delivered to the alleged violator personally, by certified mail, return receipt requested, or by any means that verifies receipt as reliably as certified mail, return receipt requested.

(b)  The notice of violation shall allege the facts that constitute a violation

and the rule or statute violated.

(c)  The notice of violation may require the alleged violator to act to correct

the alleged violation.

(d)  Within ten 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 such conference within ten days, the notice is then final, the notice is not subject to further review, and any statement of facts required to correct the alleged violation pursuant to paragraph (c) of this subsection (2) become a binding enforcement order.

(e)  Upon receipt of a request for an informal conference, the director shall

set a reasonable time and place for such conference and shall notify the alleged violator of such time and place. At the conference, the alleged violator may present evidence and arguments concerning the allegations in the notice of violation.

(f)  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 personally, by certified mail, return receipt requested, or by any means that verifies receipt as reliably as certified mail, return receipt requested.

(3) (a)  A person who is the subject of and is adversely affected by a notice of

violation or an enforcement order issued pursuant to subsection (2) of this section may appeal such action to the executive director of the department of labor and employment. The executive director shall hold a hearing to review such notice or order and take final action in accordance with article 4 of title 24, C.R.S., and may either conduct the hearing personally or appoint an administrative law judge from the department of personnel.

(b)  Final agency action shall be subject to judicial review pursuant to article

4 of title 24, C.R.S.

(c)  An alleged violator who is required to correct an action pursuant to

paragraph (c) of subsection (2) of this section shall be afforded the procedures set forth in section 24-4-104 (3), C.R.S., to the extent applicable.

(4) (a)  An enforcement order issued pursuant to this section may impose a

civil penalty, depending on 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.

(b)  A civil penalty collected for a violation of:


(I)  Article 4 of title 9, C.R.S., or a rule promulgated pursuant to such article,

shall be deposited in the boiler inspection fund created in section 9-4-109, C.R.S.;

(II)  Article 5.5 of title 9, C.R.S., or a rule promulgated pursuant to such

article, shall be deposited in the conveyance safety fund created in section 9-5.5-111, C.R.S.;

(III)  Article 7 of title 9, C.R.S., or a rule promulgated pursuant to such article,

shall be deposited in the public safety inspection fund created in section 8-1-151.

(c) (I)  Notwithstanding subsection (4)(a) of this section, when the federal

environmental protection agency requires the sale of reformulated gasoline in a nonattainment area in the state, the director of the division of oil and public safety, on and after August 15, 2025, may impose a civil penalty not to exceed five thousand dollars per day for the retail distribution of reformulated gasoline that violates the applicable fuel quality specification. It is an affirmative defense that a retailer or licensed fuel distributor relied on a product transfer document that clearly demonstrates a compliant fuel specification.

(II)  On or before August 15, 2025, the division shall notify, through the

division's email system, any owner of a gas station that is located in a nonattainment area of the penalty amount established by this subsection (4)(c).

(III)  As used in this subsection (4)(c), nonattainment area has the meaning

set forth in section 24-38.5-116 (2)(h).

(5)  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 this section.

(6)  For the purposes of this section:


(a)  Director means the director of the division of oil and public safety.


(b)  Division means the division of oil and public safety.


(7)  In addition to the remedies provided in this section, 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 restraining any person from violating any provision of articles 4, 5.5, and 7 of title 9, C.R.S., and rules promulgated pursuant to articles 4, 5.5, and 7 of title 9, C.R.S., regardless of whether there is an adequate remedy at law.

Source: L. 15: p. 377, � 41. C.L. � 3654. CSA: C. 118, � 55. CRS 53: � 100-1-5.

C.R.S. 1963: � 100-1-5. L. 2003: Entire section amended, p. 1820, � 3, effective May 21. L. 2006: (1) and (2)(a) amended, p. 1355, � 1, effective July 1. L. 2007: (2)(a) amended, p. 1422, � 2, effective January 1, 2008. L. 2008: (1), (2)(a), and (4) amended and (7) added, p. 984, � 2, effective May 21. L. 2009: (1), (2)(a), (4)(b)(III), and (7) amended, (HB 09-1151), ch. 230, p. 1060, � 15, effective January 1, 2010. L. 2010: (1) amended, (HB 10-1422), ch. 419, p. 2064, � 10, effective August 11. L. 2025: (4)(c) added, (SB 25-286), ch. 426, p. 2417, � 1, effective August 6.

Editor's note: Section 2(2) of chapter 426 (SB 25-286), Session Laws of

Colorado 2025, provides that the act changing this section applies to violations committed on or after August 6, 2025.

Cross references: For the legislative declaration contained in the 2003 act

amending this section, see section 1 of chapter 279, Session Laws of Colorado 2003.

C.R.S. § 9-3-105

9-3-105. District attorney to prosecute. Every district attorney to whom there is presented, or who in any way procures satisfactory evidence of any violation of the provisions of this article, shall cause appropriate proceedings to be commenced and prosecuted in the proper courts, without delay, for the enforcement of the penalties as provided in section 9-3-104.

Source: L. 69: p. 186, � 5. C.R.S. 1963: � 17-5-5.

ARTICLE 4

Boiler Inspection

Editor's note: This article was numbered as article 3 of chapter 17, C.R.S.

1. The substantive provisions of this article were repealed and reenacted in 1971, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1971, consult the Colorado statutory research explanatory note beginning on page vii in the front of this volume.

C.R.S. § 9-4-101

9-4-101. Definitions. As used in this article, unless the context otherwise requires:

(1)  A.S.M.E. boiler and pressure vessel code means the boiler and pressure

vessel code developed by the boiler and pressure vessel committee of the American society of mechanical engineers with amendments, addenda, and interpretations thereto, made and approved by the council of said society, 1968 edition, a copy of which code is on file in the office of the boiler inspection section of the division of oil and public safety.

(1.5)  A.S.M.E. review and survey means the review and survey of the

manufacturers quality control system for the certification of authorization for the use of the A.S.M.E. applicable code symbol stamp.

(2)  Boiler means a closed pressure vessel in which a fluid is heated for use

external to itself by the direct application of heat resulting from the combustion of fuel, solid, liquid, or gaseous, or by the use of electricity or nuclear energy.

(2.5)  Chief boiler inspector means the person appointed by the director to

oversee the boiler inspection section created in section 9-4-102.

(3)  Colorado boiler and pressure vessel code is used to designate the

accepted reference for construction, installation, operation, and inspection of boilers and pressure vessels and will be referred to as the Colorado boiler and pressure vessel code, which includes the A.S.M.E. boiler and pressure vessel codes and the national board inspection code.

(4)  Condemned boiler means a boiler which has been inspected and

declared unsafe or disqualified as to legal requirements by an inspector qualified to take such action and to which has been applied a stamping or marking designating its rejection.

(5)  Director means the director of the division of oil and public safety or his

or her designee.

(6)  External inspection means an inspection made when a boiler is in

operation.

(7)  Hot-water heating boiler means a boiler operated at pressure not

exceeding one hundred sixty PSIG and temperature not exceeding two hundred fifty degrees Fahrenheit for water.

(8)  Hot-water supply boiler means a boiler used to supply hot water

operated at pressure not exceeding one hundred sixty PSIG and temperatures not exceeding two hundred fifty degrees Fahrenheit at or near the boiler outlet.

(9)  Internal inspection means an inspection made when a boiler is shut

down with all handholes or manholes opened for inspection of its interior.

(10)  Locomotive boiler means a boiler mounted on a self-propelled track

carrier and which is used to furnish motivating power for traveling on rails.

(11)  Miniature boiler means any boiler which does not exceed any of the

following limits:

(a)  Sixteen inches inside diameter of shell;


(b)  Five cubic feet gross volume exclusive of casing and insulation;


(c)  One hundred pounds PSIG maximum working pressure.


(12)  National board inspection code means the manual for boiler and

pressure vessel inspections published in 1970 by the national board of boiler and pressure vessel inspectors, 10th edition, and subsequent revisions.

(13)  Nonstandard boiler means any boiler which does not qualify as a

standard boiler.

(14)  Owner or user means any person, firm, corporation, or business entity

of whatever nature owning or operating any boiler within this state.

(14.3)  Owner-user inspection organization means an owner or user of

pressure-retaining items who maintains a regularly established inspection department, and whose organization and inspection procedures meet the requirements of the national board of boiler and pressure vessel inspectors rules or the American petroleum institute's API 510 program and are acceptable to the director.

(14.5)  Owner-user inspector means an inspector who holds a valid national

board of boiler and pressure vessel inspectors owner-user inspector commission and who has passed the examination prescribed by the national board or is an American petroleum institute certified inspector under a jurisdictionally approved owner-user inspection organization.

(15)  Portable boiler means an internally fired boiler which is primarily

intended for temporary locational use, the construction and usage of which is obviously portable for use in multiple locations.

(16)  Power boiler means any boiler exceeding the miniature boiler size

which generates steam or vapor at a pressure of more than fifteen pounds per square inch gauge (PSIG).

(16.5)  Pressure vessel means a pressure vessel or a container for the

containment of pressure, either internal or external. Except as exempted in section 1910.172 of the Colorado occupational safety and health general standards, such pressure may be obtained from an external source or by the application of heat from a direct or indirect source or by any combination of such methods. The scope in relation to the geometry of pressure-containing parts shall terminate at the following: The first circumferential joint for welding end connections, or the face of the first flange in bolted flanged connections, or the first threaded joint in that type of connection.

(17)  Reinstalled boiler means a boiler removed from its original setting and

reerected at the same location or erected at a new location without change of ownership.

(18)  Relief valve means an automatic pressure-relieving device actuated by

static pressure upstream of the valve which opens farther with an increase in pressure over the opening pressure. It is used primarily for liquid service.

(19)  Safety relief valve means an automatic pressure-actuated relieving

device suitable for use either as a safety valve or relief valve, depending on application.

(20)  Safety valve means an automatic pressure-relieving device activated

by static pressure upstream of the valve and characterized by full-opening pop action. It is used for steam, gas, or vapor service.

(21)  Secondhand boiler means a boiler in which both location and

ownership have been changed after primary use.

(22)  Section means the boiler inspection section of the division of oil and

public safety.

(23)  Service and domestic-type water heater means a water heater of

either instantaneous or storage type used for heating or combined heating and storage of hot water for domestic or sanitary purposes or for space heating in which none of the following limitations is exceeded:

(a)  Heat input of two hundred thousand BTUs per hour;


(b)  Fluid temperature of two hundred ten degrees Fahrenheit;


(c)  Normal internal fluid capacity of one hundred twenty gallons.


(24)  Shop inspection means inspection of new construction of boilers or

pressure vessels, and shall include review of the specifications, determination that such construction is in accordance with the applicable codes, and certification to the national board and to the A.S.M.E. that such completed new construction is eligible to be stamped with the appropriate A.S.M.E. symbol.

(25)  Special boiler inspector means an inspector who has received and

maintained in force a commission as inspector issued by the national board of boiler and pressure vessel inspectors and authorized by the boiler inspection section to inspect or insure boilers in the state of Colorado.

(26)  Standard boiler means a boiler which bears the stamp of the state of

Colorado or another state which has adopted a standard boiler construction equivalent to that required by the Colorado boiler and pressure vessel code or a boiler which bears the A.S.M.E. stamp.

(27)  State boiler inspector means any boiler inspector employed by the

division of oil and public safety.

(28)  Steam-heating boiler means a boiler operated at pressure not

exceeding fifteen PSIG for steam.

Source: L. 71: R&RE, p. 267, � 1. C.R.S. 1963: � 17-3-1. L. 76: (28) amended

and (1.5) and (16.5) added, p. 362, � 1, effective July 1. L. 2001: (1), (22), and (27) amended, p. 1134, � 56, effective June 5. L. 2009: (23)(b) amended, (HB 09-1309), ch. 234, p. 1071, � 1, effective May 4. L. 2011: (2.5) added and (5) amended, (HB 11-1050), ch. 8, p. 16, � 1, effective August 10. L. 2012: (14.3) and (14.5) added, (HB 12-1217), ch. 51, p. 184, � 1, effective August 8.

C.R.S. § 9-4-102

9-4-102. Boiler inspection section - created - director - chief boiler inspector - inspectors - qualifications. (1) The director shall carry out the provisions of this article 4. The director may appoint a chief boiler inspector to oversee the boiler inspection section, which is created in the division of oil and public safety. The boiler inspection section is a type 2 entity, as defined in section 24-1-105. The chief boiler inspector and each state boiler inspector must be qualified from practical experience in the construction, maintenance, repair, or operation of boilers as a mechanical or safety engineer, steam engineer, boilermaker, or boiler inspector of not less than five years' actual experience to enable him or her to judge the safety of boilers for use as such. Neither the chief boiler inspector nor any state boiler inspector shall be interested directly or indirectly in the manufacture, ownership, or sale of boilers or boiler supplies.

(2)  The chief boiler inspector and state boiler inspectors shall be reimbursed

for necessary traveling expenses as provided by law.

Source: L. 71: R&RE, p. 269, � 1. C.R.S. 1963: � 17-3-2. L. 2001: (1) amended, p.

1135, � 57, effective June 5. L. 2011: Entire section amended, (HB 11-1050), ch. 8, p. 16, � 2, effective August 10. L. 2022: (1) amended, (SB 22-162), ch. 469, p. 3386, � 97, effective August 10.

Cross references: For the short title (the Debbie Haskins 'Administrative

Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.

C.R.S. § 9-4-103

9-4-103. Duties - rules. (1) The director shall keep in his or her office a complete and accurate record of the names of owners or users of boilers inspected, giving a full description of the boiler, the pressure allowed, the date when last inspected, and by whom. The director or chief boiler inspector shall investigate and report to the division of oil and public safety the cause of any boiler explosion that occurs within the state. Definitions and rules for the safe construction, installation, inspection, operation, maintenance, and repair of boilers and pressure vessels in the state of Colorado, in addition or supplemental to the existing rules, shall be formulated by the section under the direction of the chief boiler inspector and shall become effective upon approval by the director.

(2)  The definitions and rules so formulated for new construction shall be

based upon and at all times follow the generally accepted nationwide engineering standards, formulas, and practices established and pertaining to boiler and pressure vessel construction and safety, and the section, with the approval of the director of the division of oil and public safety, may adopt an existing codification thereof known as the boiler and pressure vessel code of the American society of mechanical engineers, and when so adopted and incorporated by reference pursuant to section 24-4-103 (12.5), C.R.S., shall constitute a part of the whole of the definitions and rules of the section.

(3)  The section, under the direction of the director, shall formulate rules

establishing a schedule for the inspection of boilers and pressure vessels and may formulate other rules governing the inspection, operation, maintenance, and repair of boilers and pressure vessels in addition and supplemental to those rules that are part of the Colorado boiler construction code as originally enacted and amended. The rules so formulated shall be based upon and at all times follow the generally accepted nationwide engineering standards and may be based upon those portions of an existing published codification of such rules known as the inspection code of the national board of boiler and pressure vessel inspectors as are considered by the section to be properly applicable. Rules formulated by the section and identification of those portions of the national board inspection code which are declared to be applicable shall be made available to all persons directly affected by a publication which will be prepared and issued, upon request, to such persons by the section.

(4)  Inspectors shall carefully inspect every boiler used or proposed to be

used in this state for steaming, hot-water heating purposes, or hot-water supply, including all attachments and connections, in accordance with the inspection schedule established pursuant to subsection (3) of this section.

Source: L. 71: R&RE, p. 270, � 1. C.R.S. 1963: � 17-3-3. L. 2000: (3) and (4)

amended, p. 163, � 1, effective March 17. L. 2001: (1) and (2) amended, p. 1135, � 58, effective June 5. L. 2011: (1) amended, (HB 11-1050), ch. 8, p. 17, � 3, effective August 10.

C.R.S. § 9-4-104

9-4-104. Exemptions. (1) The following are exempt from the provisions of this article:

(a)  Boilers located in private residences;


(b)  Boilers located in apartment houses having less than six family units;


(c)  Any city or town where boiler inspectors of comparable capability to

state boiler inspectors are employed, where adequate records of boiler inspections are maintained, and where there is in effect a boiler inspection code comparable to that of the state pursuant to the ordinances of said city or town. A city or town not now providing such service may, upon application to the director of the division of oil and public safety with submission of proof of such comparability, be authorized by the director of the division of oil and public safety to establish a boiler inspection system that is exempt from the provisions of this article.

(d)  Service and domestic-type water heaters;


(e)  Boilers owned or operated by the federal government;


(f)  Locomotive boilers of carriers subject to the federal locomotive

inspection law.

Source: L. 71: R&RE, p. 270, � 1. C.R.S. 1963: � 17-3-4. L. 2001: (1)(c) amended,

p. 1136, � 59, effective June 5.

C.R.S. § 9-4-105

9-4-105. Inspections of boilers. (1) Inspectors making internal inspections of boilers shall give the owner or user not less than five days' prior notice of the time when they will make such inspections.

(2)  An inspector may, upon seeing conditions that, in the inspector's

discretion, indicate that there has been deterioration of any pressure-containing portion of a boiler or pressure vessel, assess the leak tightness capability of a boiler or pressure vessel by conducting a pressure test in accordance with the pressure testing considerations and guidance contained in the national board inspection code. The owner or user of the pressure-retaining boiler or pressure vessel shall provide any necessary labor and equipment required to apply the pressure test prescribed by the inspector.

(3)  If at any time an inspector finds a boiler or pressure vessel which,

according to the Colorado boiler and pressure vessel code, is unsafe after inspection of same, he shall condemn and forbid its future use until satisfactory repairs are made or said boiler is replaced.

Source: L. 71: R&RE, p. 271, � 1. C.R.S. 1963: � 17-3-5. L. 2009: (2) amended,

(HB 09-1309), ch. 234, p. 1071, � 2, effective May 4.

C.R.S. § 9-4-106

9-4-106. Owner to report boilers - wrongful use - inspection of new installations. (1) It is the duty of the owner or user of boilers, except those boilers exempt from the provisions of this article under section 9-4-104, used or which are to be used in this state, to report to the section the location of newly installed or relocated boilers.

(2)  Before the installers of any boiler have boilers placed in service, they

shall notify the section, which, within ten days or as soon thereafter as possible from the date of receiving such notification, shall send an inspector to examine said boilers to determine that the construction, material, bracing, fuel and fluid supply systems, control apparatus, combustion air and ventilating air, electric wiring, piping, and all other parts of such boilers are such as to assure the safety of the boilers.

(3)  Upon completion of installation, all boilers shall be inspected by a state

boiler inspector. At the time of inspection, each boiler shall be assigned a serial number by the inspector, which serial number shall be stamped on or affixed to the boiler.

(4)  The serial number and letters, whether stamped on or affixed to the

boiler, shall not be less than five-sixteenths of an inch in height, and the serial number shall be preceded by the letters Colo. The stamping shall not be concealed by lagging or paint and shall be exposed at all times. Metal tags shall be furnished by the section on which the assigned number may be stamped. The tag shall be securely affixed to the boiler in the area of the manufacturer's identification and must be used when the metal of which the boiler is made may be damaged by direct stamping.

(5)  The owners or users of boilers, or engineers in charge of same, shall not

allow a greater pressure in any boiler than is stated on the certificate of inspection issued by the section. No person or business entity shall use any boiler that has been condemned as unsafe by a state boiler inspector. No person or business entity shall operate a boiler without a valid certificate of inspection.

Source: L. 71: R&RE, p. 271, � 1. C.R.S. 1963: � 17-3-6.

C.R.S. § 9-4-106.5

9-4-106.5. Owner to report boilers taken out of service. (1) It is the duty of the owner or user of boilers used in this state, except those boilers exempt from the provisions of this article under section 9-4-104, to report to the section the location and state serial number of boilers that have been taken out of service but not removed from the premises. For purposes of this article, a boiler is not taken out of service if it is temporarily shut down for routine maintenance or minor repairs.

(2)  The section, under the direction of the director, shall formulate rules for

the safe removal from service of boilers condemned pursuant to section 9-4-105 (3) or voluntarily taken out of service by the owner or user.

(3)  A boiler that has been condemned or voluntarily taken out of service may

be placed back in service, subject to any applicable requirements for satisfactory repair, imposed pursuant to section 9-4-105 (3), and subject to compliance with section 9-4-106. For purposes of section 9-4-106, such a boiler shall be treated as a new boiler.

Source: L. 2000: Entire section added, p. 164, � 2, effective March 17.

C.R.S. § 9-4-107

9-4-107. Certificate. (1) If, upon inspection, a boiler is found to comply with the Colorado boiler and pressure vessel code, the owner or user thereof shall pay directly to the section such fee as is prescribed by section 9-4-109, and the division of oil and public safety shall issue to such owner or user an inspection certificate bearing the date of inspection and the date of expiration of the certificate and specifying the maximum pressure under which the boiler may be operated.

(2)  An inspection certificate is valid for the period stated on the face of the

certificate.

(3)  The certificate of inspection or a copy of the certificate of inspection

shall be posted in the room containing the boiler inspected or, in the case of a portable boiler, shall be kept in a metal container to be fastened to the boiler. Failure to properly exhibit the certificate of inspection will result in another inspection of the boiler and demand for inspection fees.

Source: L. 71: R&RE, p. 272, � 1. C.R.S. 1963: � 17-3-7. L. 2001: (1) amended, p.

1136, � 60, effective June 5. L. 2011: (2) and (3) amended, (HB 11-1050), ch. 8, p. 17, � 4, effective August 10.

C.R.S. § 9-4-108

9-4-108. Violation by owner or user - penalty - enforcement. (1) If the owner of any boiler fails to report the location of such boiler to the section, the owner is guilty of a misdemeanor, and, if the owner or his agent fails to have said boiler ready for internal inspection as provided in this article, said owner shall be liable to pay fees and expenses of the inspector incurred in the inspection of any such boiler.

(2)  Any owner who fails or refuses to comply with all requirements or

directions of this article pertaining to notification of boiler placement, replacement, or operation; condones operation of condemned boilers; refuses a reasonable request to inspect any boiler used for heating or water supply service or any similar use; refuses to pay inspection and expenses or penalties or license fees; operates any boiler or similar device in defiance of a division of oil and public safety order or an order of the director shall, upon notice, cease to use or operate or allow the use or operation of any approved or nonapproved boiler or water-heating equipment owned by him or her until permission to resume use of such equipment is granted by the director.

(3)  Actions shall be instituted by the attorney general or the district

attorney, or may be instituted by the city attorney of any city, to prosecute such acts in violation of this article within his jurisdiction as may come to his knowledge or to enforce the provisions of this article independently and without specific direction of the director. Each such violation shall be a separate offense.

(4)  Any person convicted of a violation of this article 4 commits a petty

offense.

Source: L. 71: R&RE, p. 272, � 1. C.R.S. 1963: � 17-3-8. L. 76: (3) amended, p.

363, � 2, effective July 1. L. 2001: (2) amended, p. 1136, � 61, effective June 5. L. 2021: (4) amended, (SB 21-271), ch. 462, p. 3145, � 102, effective March 1, 2022.

C.R.S. § 9-4-108.5

9-4-108.5. Variances. Any owner or user may apply to the director for a rule or order for a variance from the standards, rules, regulations, or requirements of this article, upon providing such information as prescribed by the director. The director shall issue such rule or order if he determines that the proponent of the variance has demonstrated that the construction, installation, and operation of the boiler or pressure vessel will be as safe as if the standards, rules, regulations, or requirements were complied with. The rule or order so issued shall prescribe the construction, installation, operation, maintenance, and repair conditions that the owner or user must maintain. Such a rule or order may be modified or revoked upon application by an owner or user or by the director on his own motion at any time after six months from its issuance.

Source: L. 76: Entire section added, p. 363, � 3, effective July 1.

C.R.S. § 9-4-109

9-4-109. Fees for boiler and pressure vessel inspection certificates. (1) (a) (I) There shall be paid for the issuance of a certificate of boiler or pressure vessel inspection of each individual boiler or pressure vessel, regardless of how it is joined or connected, according to this article by the owner or user of said boiler or pressure vessel, such fees as shall be established by the director of the division of oil and public safety by rule; except that such fees shall not exceed the amount necessary to accumulate and maintain in the boiler inspection fund a reserve sufficient to defray the division's administrative expenses for a period of two months, and in no event shall the basic fee for an annual inspection exceed one hundred fifty dollars for an internal inspection or eighty-five dollars for an external inspection. The basic fee for a biennial or triennial inspection shall not exceed eighty-five dollars. The division shall not charge for an inspection other than to assess the fees established pursuant to this subsection (1). Any fees established pursuant to subparagraphs (III) to (V) of this paragraph (a) or pursuant to paragraph (b) of this subsection (1) shall be in addition to the basic fee.

(II)  (Deleted by amendment, L. 2001, p. 529, � 1, effective July 1, 2001.)


(III)  In addition to the basic fee established in subparagraph (I) of this

paragraph (a), the division may assess a reinspection fee for any boiler condemned pursuant to section 9-4-105 (3). The reinspection fee shall be assessed and collected for each reinspection until the repairs are deemed satisfactory in accordance with section 9-4-105 (3).

(IV)  In addition to the basic fee established in subparagraph (I) of this

paragraph (a), the division may assess a disconnection inspection fee.

(V)  In addition to the basic inspection fee established in subparagraph (I) of

this paragraph (a), the division shall assess a certificate of boiler operation issuance fee not to exceed twenty-five dollars per certificate.

(b)  There shall be paid, for the services provided by the national board of

boiler and pressure vessel commissioned inspectors, fees as provided in the following schedule:

(I)  Secondhand boiler or equipment at the request of the owner for

certificate $30.00 plus expenses

(II)  National board shop inspection or A.S.M.E. quality control survey

$100.00 1/2 day,

$200.00 full day plus travel and subsistence expense (1/2 day minimum).

(2)  The section may prorate the boiler inspection fees. Twenty-five percent

of the inspection fee shall be charged for a period up to and including twenty-five percent of the certificate term. Fifty percent of the inspection fee shall be charged for periods up to and including fifty percent of the certificate term. Seventy-five percent of the inspection fee shall be charged for periods up to and including seventy-five percent of the certificate term. The full fee shall be charged for periods exceeding seventy-five percent of the certificate term.

(2.5)  Repealed.


(3)  All boiler or pressure vessel inspection certificate fees shall be paid

within thirty days from the date of inspection to the department of labor and employment. Upon failure to pay the department of labor and employment, the chief boiler inspector shall issue an order to the owner or user to cease and desist the use or operation or allowing the use or operation of the boiler or pressure vessel until permission to resume use of such equipment is granted by the director.

(4)  All fees collected by the department of labor and employment under the

provisions of this article shall be used to defray the salaries and operating expenses incurred in the administration of this article and shall be appropriated for such purposes by the general assembly. Such moneys shall be transferred to the state treasurer, who shall deposit the same to the credit of the boiler inspection fund, which fund is hereby created.

(5)  If any person who is required to pay a fee pursuant to subsection (1) of

this section fails or refuses to remit such fee, the department of labor and employment shall proceed at once to collect the fee by employing such legal processes as may be necessary for that purpose.

(6)  The state treasurer shall invest any portion of the boiler inspection fund

which is not needed for immediate use. All interest earned upon such invested portion shall be credited to the fund and used for the same purposes and in the same manner as other moneys in the fund. Such moneys may be invested in the types of investments authorized in sections 24-36-109, 24-36-112, and 24-36-113, C.R.S.

Source: L. 71: R&RE, p. 273, � 1. C.R.S. 1963: � 17-3-9. L. 76: R&RE, p. 363, �

4, effective July 1. L. 83: (1)(a)(I), (1)(a)(II), (1)(b)(I), and (1)(b)(II) amended and (4), (5), and (6) added, p. 445, � 1, effective July 1. L. 86: (2.5) added, p. 548, � 1, effective May 28. L. 92: (1)(a), (2.5), (3), (4), and (5) amended, p. 1814, � 1, effective March 20. L. 97: (2.5) repealed, p. 1477, � 19, effective June 3. L. 2000: (1)(a) amended, p. 164, � 3, effective March 17. L. 2001: (1)(a)(I) amended, p. 1136, � 62, effective June 5; (1)(a)(I) and (1)(a)(II) amended and (1)(a)(V) added, p. 529, � 1, effective July 1. L. 2008: (1)(a)(I) amended, p. 985, � 3, effective May 21. L. 2011: (2) amended, (HB 11-1050), ch. 8, p. 17, � 5, effective August 10.

Editor's note: Amendments to subsection (1)(a)(I) by House Bill 01-1373 and

House Bill 01-1279 were harmonized.

C.R.S. § 9-4-110

9-4-110. Special inspectors. (1) In addition to the boiler inspectors authorized by this article, the section shall, upon request of any company authorized to insure against loss from explosion of boilers in this state, issue to any boiler inspectors of said company commissions as special boiler inspectors. Each such inspector, before receiving a commission, shall satisfy the division of oil and public safety that such inspector is properly qualified to perform such inspections. Possession of a valid commission as inspector issued by the national board of boiler and pressure vessel inspectors shall be considered to be proper qualification.

(2)  Such special boiler inspectors shall receive no salary from, nor shall any

of their expenses be paid by, the state, and continuance of a special boiler inspector's commission shall be conditioned upon such special boiler inspector's continuing in the employ of the boiler insurance company duly authorized as aforesaid and upon the maintenance of the standards imposed by the division of oil and public safety. Such special boiler inspectors shall perform their functions in accordance with the instructions for special boiler inspectors formulated by the section.

(3)  Such special boiler inspectors shall inspect all boilers insured by their

respective companies and, when so inspected, the owners or users of such insured boilers shall pay Colorado boiler inspection fees for the issuance of a certificate of inspection.

(4)  Each company employing such special boiler inspectors, within thirty

days following each boiler inspection made by such inspectors, shall file a report of such inspection with the section upon appropriate forms promulgated by the division of oil and public safety.

(5)  If the division of oil and public safety has reason to believe that a special

boiler inspector is no longer qualified to hold an appointment or commission, the division of oil and public safety or its selected agent, upon not less than ten days' written notice to the inspector and the inspector's employer, shall hold a hearing at which such inspector and the inspector's employer shall have an opportunity to be heard. If, as a result of such hearing, the division of oil and public safety or its selected agent finds that such inspector is no longer qualified to hold an appointment or commission, the division of oil and public safety, or upon recommendation of its selected agent, shall revoke or suspend such appointment or commission.

(6)  A person whose appointment or commission has been suspended shall be

entitled to apply, after ninety days from the date of such suspension, for reinstatement of such appointment or commission.

Source: L. 71: R&RE, p. 275, � 1. C.R.S. 1963: � 17-3-10. L. 2001: (1), (2), (4), and

(5) amended, p. 1137, � 63, effective June 5; (3) amended, p. 530, � 2, effective July 1.

C.R.S. § 9-4-110.5

9-4-110.5. Owner-user inspection organizations - registration. (1) A person, firm, partnership, or corporation operating boilers or pressure vessels may seek approval and registration as an owner-user inspection organization by filing an application with the director on prescribed forms.

(2)  The applicant shall show the name of the organization and its principal

address and the name and address of the person or persons having supervision over inspections made by the organization on the application and registration. The applicant shall report changes in supervisory personnel to the director within thirty days after the change.

(3)  Each owner-user inspection organization shall:


(a)  Conduct inspection of its nonexempt boilers and pressure vessels,

utilizing only qualified inspection personnel;

(b)  Retain on file at the location where equipment is inspected a true record

or copy of the report of each inspection signed by the owner-user inspector who made the inspection;

(c)  Promptly notify the director of any boiler or pressure vessel that does not

meet requirements for safe operation;

(d)  Maintain inspection records that include a list of nonexempt boilers and

pressure vessels, showing the serial number and the abbreviated description as may be necessary for identification, the date of the last inspection of each unit, the approximate date of the next inspection, and documentation of all repairs. Such inspection records shall be readily available for examination by the director, the chief boiler inspector, or their designee during business hours.

(e)  Transmit a statement annually to the director, on a date mutually agreed

upon. The individual having supervision over the inspections made during the period covered shall sign the statement and shall include the number of vessels inspected during the year and shall certify that each inspection was conducted in accordance with the inspection requirements in the Colorado boiler and pressure vessel rules.

(4)  A state-issued certificate of inspection is required for boilers and

pressure vessels inspected by an owner-user inspection organization when all of the requirements in this section are met.

(5)  An individual or organization performing an inspection pursuant to this

section shall have liability insurance appropriate for the size and scope of the relevant inspection.

Source: L. 2012: Entire section added, (HB 12-1217), ch. 51, p. 184, � 2,

effective August 8.

C.R.S. § 9-4-111

9-4-111. Penalty - inspector fails to perform duty. An inspector of boilers, for every failure to perform his or her duties, commits a class 2 misdemeanor.

Source: L. 71: R&RE, p. 275, � 1. C.R.S. 1963: � 17-3-11. L. 2021: Entire section

amended, (SB 21-271), ch. 462, p. 3145, � 103, effective March 1, 2022.

C.R.S. § 9-4-112

9-4-112. Regulations common to all types and services of boilers. (1) Each boiler shall be supported by masonry or structural supports of sufficient strength and rigidity to safely support the boiler. There shall be no excessive vibration in either the boiler or its connecting piping.

(2)  All boilers shall be so located that adequate space on each side will be

provided for proper operation of the boiler and its appurtenances, for the inspection of all surfaces, tubes, water walls, piping, valves, and other equipment, and for their necessary maintenance and repair.

(3)  Inflammable or volatile materials shall not be stored in boiler rooms. Gas

meters shall not be installed in boiler rooms.

(4)  There shall be provided to all boiler installations sufficient air to assure

adequate combustion of fuel. There shall be ventilating air provided to prevent undue overheating in the boiler room. Nationally accepted standards such as the publications of the national fire protection association shall be followed in determining the adequacy of combustion and ventilating air.

(5)  Safety or safety relief valves, or both, shall be of adequate capacity to

prevent accumulation of excess pressure with fixed settings not in excess of the maximum allowable working pressure of the boiler to which they are attached. All new safety relief valves shall bear stamping which indicates that they have been capacity-rated according to national board standards and that they have been constructed according to A.S.M.E. standards.

(6)  The use of weighted-lever safety valves shall be prohibited, and these

valves shall be replaced by direct spring-loaded safety or safety relief valves that conform to the requirements of the A.S.M.E. boiler and pressure vessel code.

(7)  Safety valves having either a seat or disc of cast-iron construction are

prohibited.

(8)  The safety or safety relief valve shall be connected directly to the hottest

part of the boiler, independent of any other connection, without a shutoff valve of any description between the safety or safety relief valve and the boiler.

(9)  Each automatically fired boiler shall be equipped with a flame failure

safeguard device which will positively discontinue flow of fuel to the firing chamber in event of absence of flame. Discontinuation must occur in time to prevent an explosive accumulation of fuel in the firing chamber and connecting passages.

(10)  Every safety or safety relief valve shall be connected to the boiler in an

upright position with spindle vertical and shall be equipped with a try lever to test opening of the valve.

(11)  When a discharge pipe is attached to a safety or safety relief valve, it

shall not be reduced less than the valve outlet and shall be as short and straight as possible and arranged to avoid undue stresses on the valve. There shall be no shutoff valve in such discharge pipe.

(12)  The discharge opening of safety or safety relief valves shall be so

located that the released fluids and vapors cannot come into harmful contact with attendants or other persons. All safety or safety relief valve discharges shall be located or piped to clear running boards or platforms. Ample provision for gravity drain shall be made in the discharge pipe at or near each safety valve and where condensation may collect. Any discharge pipe extending above the safety or safety relief valve shall be equipped with a drain hole which will prevent accumulation of fluid above the valve disc.

(13)  All electric wiring to boilers and to electrically operated automatic

devices and control mechanisms shall be of a high temperature resistant insulation, and wiring shall be in conduit or other approved covering.

(14)  All fuel and fluid piping valves and appliances shall be of materials

listed in nationally approved standards, installed in a workmanlike manner, with such support as is necessary to prevent vibration. They shall be maintained so as to be free of leakage.

(15)  Repairs shall be made in accordance with the regulations set forth in the

national board inspection code. Major repairs shall be reported to the section before being performed. The major repair procedure and the shop performing the repair must be approved by the section or the authorized insurer and an inspection made by a state or special boiler inspector before the boiler is used.

(16)  All boilers, unless exempt by this article, are subject to regular

inspections as provided for in section 9-4-103 (4). Each boiler shall be prepared by the owner or user for inspections or hydrostatic test whenever necessary when notified by the inspector or the section. The owner or user shall prepare each boiler for internal inspection, when so requested by a state boiler inspector, in the manner prescribed in the national board inspection code.

(17)  If the boiler is jacketed so that longitudinal seams of shells, drums, or

domes cannot be seen, enough of the jacketing, setting, wall, or other form of casing or housing shall be removed to permit the inspection of the size of the rivets, pitch of the rivets, and other data necessary to determine the safety of the boiler if such information cannot be determined by other means.

(18)  No person shall remove or tamper with any safety appliances prescribed

by this article except for the purpose of making repairs.

(19)  All insurance companies insuring boilers operated in this state shall

notify the section within thirty days after any insurance policy insuring a boiler has been written, canceled, not renewed, or suspended because of unsafe conditions.

(20)  If upon an external inspection there is evidence of a leak or crack,

enough of the covering of the boiler shall be removed to permit a boiler inspector to determine the safety of the boiler; or, if the covering cannot be removed immediately, he may order the operation of the boiler stopped until such time as the covering can be removed and proper examination made.

Source: L. 71: R&RE, p. 276, � 1. C.R.S. 1963: � 17-3-12. L. 76: (8) amended, p.

364, � 5, effective July 1.

C.R.S. § 9-4-113

9-4-113. New power boiler installations. (1) No power boiler, except those exempt by this article, shall be installed in this state unless it has been constructed, inspected, and stamped in conformity with the rules for construction of power boilers of the A.S.M.E. boiler and pressure vessel code and is registered with the national board of boiler and pressure vessel inspectors, and inspected in accordance with the requirements of this article and the rules and regulations of the section.

(2)  A power boiler having the standard stamping of another state that has

adopted a standard of construction equivalent to the standard provided in this article may be accepted by the director; however, the person or firm desiring to install the boiler shall make application for the installation and shall file with this application the manufacturer's data report covering the construction of the boiler in question.

(3)  All new power boiler installations and reinstalled boilers shall be

installed in accordance with the requirements of the A.S.M.E. boiler and pressure vessel code and, in addition, in accordance with the requirements of this section.

(4)  All power boilers heated with gas, oil, or mechanical firing, except forced

flow steam generators designed to operate without a fixed water level and stoker- or hand-fired coal-burning units which are constantly attended, shall be provided with an automatic low-water fuel cutout and with an automatic fuel-regulating control, controlled by boiler pressure or temperature, or both.

(5)  All new power boiler rooms shall be constructed to have at least two

means of exit. Each exit shall be remotely located from the other. Each elevation shall have at least two means of egress, each remotely located from the other.

Source: L. 71: R&RE, p. 277, � 1. C.R.S. 1963: � 17-3-13.

C.R.S. § 9-4-114

9-4-114. Existing power boiler installations. (1) The maximum allowable working pressure of standard boilers shall be determined by the applicable sections of the codes under which they were constructed and stamped. The maximum allowable working pressure on the shell of a nonstandard boiler or drum shell shall be determined by the strength of the weakest section of the structure computed in accordance with formulas provided by the national board of boiler and pressure vessel inspectors or any other nationally recognized engineering authority.

(2)  Each power boiler having not more than five hundred square feet of

water-heating surface shall have at least one approved safety valve. Each boiler having more than five hundred square feet of water-heating surface shall have two or more approved safety valves.

(3)  The safety valve capacity of each power boiler shall be that which will

discharge all the steam that can be generated by the boiler without allowing the pressure to rise more than six percent above the highest pressure any valve is set, and in no case to more than six percent above the maximum allowable working pressure.

(4)  Power boilers equipped with one safety valve shall have the safety valve

set at or below the maximum allowable working pressure. If additional valves are used, the highest pressure setting on additional valves shall not exceed the maximum allowable working pressure by more than three percent.

(5)  When two or more power boilers operating at different pressures and

safety valve settings are interconnected, the lower pressure boilers or interconnected piping shall be equipped with safety valves of sufficient capacity to prevent overpressure, considering the generating capacity of the boiler with the lowest allowable pressure.

(6)  All power boilers shall have a water-feed supply which will permit the

boilers being fed at any time while under pressure.

(7)  Power boilers that are fired with solid fuel not in suspension and having

more than five hundred square feet of water-heating surface shall have at least two means of feeding water. Each source of feeding shall be capable of supplying water to the boiler at a pressure of six percent higher than the highest setting of any safety valve on the boiler, and one such source of feeding shall be steam-operated.

(8)  Power boilers fired by gaseous, liquid, or solid fuel in suspension and

having less than five hundred square feet of water-heating surface may be equipped with a single source of feeding water if:

(a)  Means are provided for immediate shutoff of heat release;


(b)  The boiler furnace and fuel system do not retain sufficient stored heat to

cause damage to the boiler if the water-feed supply is interrupted.

(9)  Power boilers that have a water-heating surface of not more than one

hundred square feet shall not have water-feed piping and connection to the boiler smaller than one-half inch pipe size. For boilers having a water-heating surface of more than one hundred square feet, the water-feed piping and connection to the boiler shall not be less than three-fourths inch pipe size. The feed water shall be introduced into a boiler in such a manner that the water will not be discharged directly against surface-exposed gases of high temperature or to direct radiation from the fire or near any riveted joints of the furnace sheets or shell. The water-feed pipe shall be provided with a check valve near the boiler and a valve or cock between the check valve and the boiler. When two or more boilers are fed from a common source, there shall be a regulating valve on the branch to each boiler between the check valve and the source of supply. In all cases where returns are fed back to the boiler by gravity, a check valve and stop valve shall be on each return line, the stop valve placed between the boiler and the check valve, and both shall be located as close to the boiler as practicable.

(10)  Fire-actuated plugs, if used, shall conform to the requirements of the

A.S.M.E. boiler and pressure vessel code for power boilers.

(11)  No outlet connections, except for damper regulator, feed-water

regulator, low-water fuel cutout, drains, or steam gauges, shall be placed on the piping that connects the water column or gauge glass to the boiler. The water column shall be provided with a drain valve of at least three-fourths of an inch pipe size.

(12)  Each power boiler, except forced flow steam generators designed to

operate without a fixed water level, shall have at least one water-gauge glass; except that boilers operated at pressures over four hundred PSI shall be provided with two water-gauge glasses which may be connected to a single water column or connected directly to the drum, in which case they shall conform to A.S.M.E. requirements. The gauge-glass connections and pipe connections shall not be less than one-half inch pipe size. Each water-gauge glass will be fitted with a drain cock or valve. When the boiler operating pressure exceeds one hundred PSI, the glass will be fitted with a globe or gate-valved drain.

(13)  The lowest visible part of the water-gauge glass shall be at least two

inches above the lowest permissible water level, which level shall be that at which there will be no danger of overheating any part of the boiler when in operation at that level. This subsection (13) does not apply to forced flow steam generators which are designed to operate without a fixed water level.

(14)  Each power boiler shall have a steam gauge, with dial range not less

than one and one-half times the maximum allowable working pressure, connected to the steam space or to the steam connection to the water column. The steam gauge shall be connected to a siphon or equivalent device of sufficient capacity to keep the gauge tube filled with water and so arranged that the gauge cannot be shut off from the boiler except by a cock placed near the gauge and provided with a tee or lever handle arranged to be parallel to the pipe in which it is located when the cock is open.

(15)  Each power boiler shall be provided with a one-fourth inch nipple and

globe valve connected to a steam space for the exclusive purpose of attaching a test gauge when the boiler is in service so the accuracy of the gauge may be ascertained.

(16)  Steam-gauge connections shall be suitable for the maximum allowable

working pressure and steam temperature; if the temperature exceeds four hundred degrees Fahrenheit, brass or copper pipe or tubing shall not be used.

(17)  When a steam-gauge connection longer than eight feet becomes

necessary, a shutoff valve may be used near the boiler if the valve is of the outside-screw-and-yoke type and is locked open when the boiler is in operation. The line shall be of ample size with provisions for free blowing.

(18)  Each steam-discharge outlet, except a safety valve, shall be fitted with a

stop valve located as close as practicable to the boiler. When such outlets are over two-inch pipe size, the valve used on the connection shall be the outside-screw-and-yoke rising spindle type to indicate, at a distance, the position of its spindle, whether it is closed or open. The wheel may be carried either on the yoke or attached to the spindle.

(19)  When power boilers provided with manholes are connected to a common

steam main, the steam connection from each boiler shall be fitted with two stop valves having ample free-blow drain between them. The discharge of this drain shall be visible to the operator while manipulating the valves and shall be piped clear of the boiler setting. The stop valve shall consist preferably of one automatic nonreturn valve set next to the boiler and a second valve of the outside-screw-and-yoke type; or two valves of the outside-screw-and-yoke type may be used.

(20)  Each power boiler shall have a blow-off pipe fitted with a valve or cock.

All fittings and pipe shall conform to the applicable section of the A.S.M.E. boiler and pressure vessel code.

(21)  Provisions shall be made for the expansion and contraction of steam

mains connected to power boilers by providing substantial anchorage at suitable points so undue strain shall not be transmitted to the boiler. Steam reservoirs shall be used on steam mains when heavy pulsations of the steam currents cause vibration of the boiler shell plates.

(22)  All power boilers heated with gas, oil, or mechanical firing, except

stoker- or hand-fired coal-burning units which are constantly attended, shall be provided with an automatic low-water fuel cutout and with an automatic fuel-regulating control, controlled by boiler pressure.

(23)  All cases not specifically covered by this article shall be treated as new

installations or may be referred to the director for instructions concerning the requirements.

Source: L. 71: R&RE, p. 278, � 1. C.R.S. 1963: � 17-3-14.

C.R.S. § 9-4-115

9-4-115. New miniature boiler installations. (1) No miniature boiler, except those exempted by rules promulgated by the division of oil and public safety, shall be installed in this state unless it has been constructed, inspected, and stamped in conformity with the rules of construction of miniature boilers of the A.S.M.E. boiler and pressure vessel code and is registered with the national board of boiler and pressure vessel inspectors and inspected in accordance with this article.

(2)  A miniature boiler having the standard stamping of another state that has

adopted a standard of construction equivalent to the standard of the state of Colorado may be accepted by the director; however, the person or firm desiring to install the boiler shall make application for the installation and shall file with this application the manufacturer's data report covering the construction of the boiler in question.

(3)  All new boiler installations and reinstalled boilers shall be installed in

accordance with the requirements of the A.S.M.E. boiler and pressure vessel code and this article.

(4)  Upon completion of the installation, all boilers shall be inspected by a

state or special boiler inspector. At the time of inspection, each boiler shall be assigned a serial number by the inspector, which serial number shall be stamped on or affixed to the boiler as provided by section 9-4-106 (3).

Source: L. 71: R&RE, p. 281, � 1. C.R.S. 1963: � 17-3-15. L. 2001: (1) amended,

p. 1137, � 64, effective June 5.

C.R.S. § 9-4-116

9-4-116. Existing miniature boiler installations. (1) Miniature boilers shall be installed in accordance with the provisions in section 9-4-113 unless a special exemption is stated in this article or otherwise provided by the director.

(2)  The maximum allowable working pressure on the shell or drum of a

miniature boiler shall be determined by the provisions of section 9-4-114 (1).

(3)  The factor of safety and the construction of miniature boilers, except

where otherwise specified, shall conform to that required for power boilers.

(4)  Each miniature boiler shall be equipped with a spring-load, pop-type

safety valve not less than one-half inch pipe size connected directly to the boiler.

(5)  The safety valve shall have sufficient capacity to discharge all the steam

that can be generated by the boiler without allowing the pressure to rise more than six percent above the maximum allowable working pressure.

(6)  In cases where the miniature boiler is supplied with feed water directly

from a pressure main or system without the use of a mechanical feeding device, the safety valve shall be set to release at a pressure not in excess of ninety-four percent of the lowest pressure obtained in the supply main or system feeding the boiler. Return traps shall not be considered mechanical feeding devices.

(7)  Each miniature boiler designed for operation with a definite water level

shall be equipped with a glass water-gauge for determining the water level.

(8)  Miniature boilers operated in a closed system where there is insufficient

space for the usual glass water-gauge may use water-level indicators of the glass bull's-eye type.

(9)  Every miniature boiler shall be provided with at least one water-feed

pump or other water-feeding device, except where it is connected to a water main carrying sufficient pressure to feed the boiler or where it is operated with no extraction of steam, such system being commonly known as a closed system.

(10)  The water-feed pipe shall be provided with a check valve and a stop

valve no less in size than that of the pipe.

(11)  Feed water shall not be introduced through the water column or gauge-glass connection while the boiler is under pressure.


(12)  Pressure of a feed water system greater than the maximum allowable

working pressure of the boiler shall be fitted with a pressure-reducing valve before feed water is introduced into the boiler.

(13)  Each miniature boiler shall be provided with a blow-off connection, not

less than one-half inch iron pipe size, connected directly to the lowest water space.

(14)  Blow-off piping shall not be galvanized and shall be provided with a

valve or cock.

(15)  Each miniature boiler shall be equipped with a steam-gauge having its

dial graduated to not less than one and one-half times the maximum allowable working pressure. The gauge shall be connected to the steam space or to a steam connection to the water column. The gauge or connection shall contain a siphon or equivalent device which will develop and maintain a water seal that will prevent steam from entering the gauge tube. The minimum size of a siphon, if used, shall be one-fourth inch inside diameter.

(16)  The steam piping from a miniature boiler shall be provided with a stop

valve located as close to the boiler shell or drum as is practicable, except where the boiler and steam receiver are operated as a closed system.

(17)  For miniature boiler installations which are gas-fired, the burners shall

conform to the requirements of the American gas association and the A.S.M.E. boiler and pressure vessel code.

(18)  The heating element for electrically heated steam boilers, closed

system, shall be so constructed that the temperature will not exceed one thousand two hundred degrees Fahrenheit.

(19)  All miniature boilers heated with gas, oil, or electrical energy shall be

provided with an automatic low-water fuel cutout and with an automatic fuel-regulating control, controlled by boiler pressure.

(20)  All cases not specifically covered by this article shall be treated as new

installations or may be referred to the director for instructions concerning the requirement.

Source: L. 71: R&RE, p. 281, � 1. C.R.S. 1963: � 17-3-16.

C.R.S. § 9-4-117

9-4-117. New heating boilers and hot-water supply boilers installations. No heating boiler or hot-water supply boiler, except those exempt by this article, shall be installed in this state unless it has been constructed, inspected, and stamped in conformity with the rules for construction of low-pressure heating boilers of the A.S.M.E. boiler and pressure vessel code and is approved, registered, and inspected in accordance with the requirements of this article.

Source: L. 71: R&RE, p. 282, � 1. C.R.S. 1963: � 17-3-17.

C.R.S. § 9-4-118

9-4-118. Existing heating boilers and hot-water supply boilers installations. (1) The maximum allowable working pressure of a boiler built in accordance with the A.S.M.E. boiler and pressure vessel code shall in no case exceed the pressure indicated by the manufacturer's identification stamped or cast on the boiler or a plate secured to it.

(2)  The maximum allowable working pressure on the shell of a nonstandard,

riveted heating boiler shall be determined in accordance with section 9-4-114 (1) covering existing power boiler installations. In no case shall the maximum allowable working pressure of a steam-heating boiler exceed fifteen pounds per square inch gauge, or a hot-water boiler exceed one hundred sixty pounds per square inch gauge, at a temperature not exceeding two hundred fifty degrees Fahrenheit.

(3)  The maximum allowable working pressure of a nonstandard steel or

wrought-iron heating boiler of welded construction shall not exceed fifteen pounds per square inch gauge. For other than steam service, the maximum allowable working pressure shall be calculated in accordance with the rules for construction of low-pressure heating boilers of the A.S.M.E. boiler and pressure vessel code.

(4)  The maximum allowable working pressure of a nonstandard boiler

composed principally of cast iron shall not exceed fifteen pounds per square inch gauge for steam service or thirty pounds per square inch gauge for hot-water service.

(5)  The maximum allowable working pressure of a nonstandard boiler having

cast-iron shell or heads and steel wrought-iron tubes shall not exceed fifteen pounds per square inch gauge for steam service or thirty pounds per square inch gauge for water service.

(6)  A radiator in which steam pressure is generated at a pressure of fifteen

pounds per square inch gauge or less is a low-pressure boiler.

(7)  Each steam-heating boiler shall have one or more officially rated valves

of the spring pop-type adjusted to discharge at a pressure not to exceed fifteen PSI. The safety valves shall be arranged so that they cannot be reset to relieve at a higher pressure than the maximum allowable working pressure of the boiler.

(8)  No safety valve for a steam-heating boiler shall be smaller than three-fourths of an inch except in case the boiler and radiating surfaces are a self-contained unit.


(9)  The safety valve capacity for each steam-heating boiler shall be such

that with the fuel-burning equipment installed the pressure cannot rise more than five pounds above the maximum allowable working pressure.

(10)  Each hot-water boiler shall have not less than one officially rated

pressure relief valve set to relieve at or below the maximum allowable working pressure of the boiler. Each hot-water supply boiler shall have not less than one officially rated relief valve or not less than one officially rated pressure-temperature relief valve of the automatic-reseating type set to relieve at or below the maximum allowable working pressure of the boiler. Relief valves shall be so constructed that they cannot be reset to relieve at a higher pressure than the maximum permitted pressure.

(11)  Seats and discs of safety relief valves shall be of material suitable to

resist corrosion. No materials subject to deterioration or vulcanization when subjected to saturated steam temperature corresponding to capacity test pressure shall be used in any safety relief valve.

(12)  No safety relief valve shall be smaller than three-fourths of an inch nor

larger than four and one-half inches pipe size.

(13)  When the size of the boiler requires a safety relief valve larger than four

and one-half inches in diameter, two or more valves having the required combined capacity shall be used.

(14)  Each steam-heating boiler shall have a steam gauge connected to its

steam space, or to its water column, or to its steam connection. The gauge or connection shall have a siphon or equivalent device which will develop and maintain a water seal that will prevent steam from entering the gauge tube. The connection shall be so arranged that the gauge cannot be shut off from the boiler except by a cock placed in the pipe at the gauge and provided with a tee or lever handle arranged to be parallel to the pipe in which it is located when the cock is open.

(15)  Each hot-water heating boiler or hot-water supply boiler shall have a

pressure or altitude gauge connected to it or to its flow connection in such a manner that it cannot be shut off from the boiler except by a cock with tee or lever handle placed on the pipe near the gauge. The handle of the cock, when the cock is open, shall be parallel to the pipe in which it is located.

(16)  The scale on the dial of the pressure or altitude gauge for a hot-water

heating boiler shall be graduated to not less than one and one-half nor more than three times the maximum allowable working pressure.

(17)  The scale on the dial of a steam-heating boiler gauge shall be graduated

to not less than thirty PSIG nor more than sixty PSIG, and travel of the pointer from zero to thirty PSIG pressure shall be at least three inches.

(18)  In addition to the mandatory requirements for a pressure relief device,

each hot-water heating or hot-water supply boiler shall be fitted with a temperature-actuated control, which will control the rate of combustion to prevent the temperature of the water from rising above two hundred fifty degrees Fahrenheit at or near the boiler outlet. The control shall be constructed so that it cannot be set or reset to permit operation of the firing equipment when the temperature of the water is higher than two hundred degrees Fahrenheit.

(19)  When a pressure-actuated control is used on a steam-heating boiler, it

shall operate to prevent the steam pressure from rising above fifteen PSIG.

(20)  Each automatically fired steam or vapor-system heating boiler shall be

equipped with an automatic low-water fuel cutoff, so located as to automatically cut off fuel supply when the surface of the water falls to the lowest safe water line.

(21)  Each steam-heating boiler shall have one or more water-gauge glasses

attached to the water column or boiler by means of valved fittings with the lower fitting provided with a drain valve of the straightway type with opening not less than one-fourth inch diameter to facilitate cleaning. Gauge-glass replacement shall be possible under pressure.

(22)  If, in the judgment of an inspector, a steam-heating or hot-water supply

boiler is unsafe for operation at the pressure previously approved, the pressure shall be reduced, proper repair made, or the boiler retired from service.

Source: L. 71: R&RE, p. 283, � 1. C.R.S. 1963: � 17-3-18.

ARTICLE 5

Standards for Accessible Housing

Editor's note: This article was amended with relocations in 2003, resulting in

the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 2003, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated.

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)