As used in this part 12, unless the context otherwise requires:
(1) "Administrator" means the state fire suppression administrator, who is the director of the division of fire prevention and control under the department of public safety, or the director's designee.(1.2) "Advisory board" means the fire service training and certification advisory board created in section 24-33.5-1204.(1.4) "Agent" means a person licensed by the department of revenue to purchase and affix adhesive or meter stamps on packages of cigarettes.(1.7) "ASTM international" means the American society for testing and materials or its successor organization.(2) "Certification" means the issuance to a firefighter, by the advisory board, of a signed instrument evidencing satisfactory completion by such firefighter of the requirements of the fire service education and training program.(2.3) "Certified burner" means an individual who successfully completes the division's certified burner training and certification program and possesses a valid certification number.(2.5) "Certified fire inspector" means a person with fire safety plan review or inspection responsibilities who is employed by or volunteers services to the state or a governing body as a fire inspector and who is certified by the division to conduct fire safety plan reviews and inspections pursuant to section 24-33.5-1211.(3) "Certified fire suppression systems inspector" means a person certified as provided in section 24-33.5-1206.4.(3.2) "Cigarette" means any roll for smoking, whether made wholly or partly of tobacco or any other substance, irrespective of size or shape, and whether or not such tobacco or substance is flavored, adulterated, or mixed with any other ingredient, the wrapper or cover of which is made of paper or any other substance or material except tobacco.(3.3) "Controlled agricultural burn" means a technique used in farming or livestock production on a parcel of land that meets the definition of agricultural land, as that term is defined in section 39-1-102 (1.6)(a), C.R.S., to clear the land of any existing native vegetation or crop residue or kill weeds and weed seeds.(3.4) "Controlled ditch burn" means a technique using fire to clear and remove vegetation, debris, or other material from ditches, canals, and other water transportation structures, including banks and access roads.(3.5) "Cross-connection control device" means an installation, device, or assembly located between the water supply and fire suppression piping to prevent the undesirable reversal in the flow of water from a real or potential source of contamination back to the potable water supply. A cross-connection control device is also referred to as a back flow preventer.(3.6) "Director" means the director of the division.(3.7) "Division" means the division of fire prevention and control in the department of public safety created in this article.(3.8) "Emergency fire fund" means the emergency fire fund created in section 24-33.5-1220 that was first established in 1967 with voluntary contributions from counties and the Denver water board; administered by a nine-person committee composed of county commissioners, sheriffs, fire chiefs, and the director; and used for the purpose of paying costs incurred as a result of controlling a wildfire by any of the parties contributing moneys to the fund, in accordance with the intergovernmental agreement for participation in the emergency fire fund.(3.9) "Fire department" means the duly authorized fire protection organization of a town, city, county, or city and county, a fire protection district, or a metropolitan district or county improvement district that provides fire protection. "Fire department" also includes volunteer fire departments organized under section 24-33.5-1208.5.(4) "Firefighter" means any person, whether paid or a volunteer, who is actively participating in or employed by a public or private fire service unit in this state.(5) "Fire suppression contractor" means any individual, firm, corporation, association, or organized group of persons, that, individually or through others, offers to undertake, represents itself as being able to undertake, or does undertake to sell, layout, fabricate, install, modify, alter, repair, maintain, or perform maintenance inspections of any fire suppression system.(6) "Fire suppression system" means an assembly of any or all of the following: Piping valves, conduits, dispersal openings, sprinkler heads, orifices, and other similar devices that convey extinguishing agents for the purpose of controlling, confining, or extinguishing fire, with the exception of multipurpose residential fire sprinkler systems in one- and two-family dwellings and townhouses that are part of the potable water supply, pre-engineered range hoods, duct systems, and portable fire extinguishers.(7.5) "Governing body" means:(a) The city council, town council, board of trustees, or other governing body of a city, town, or city and county;(b) The board of directors of a fire protection district organized pursuant to part 1 of article 1 of title 32, C.R.S.;(c) The governing body of an improvement district that provides fire protection services organized pursuant to part 5 of article 20 of title 30, C.R.S.; or(d) The board of county commissioners with respect to the area within a county outside the corporate limits of a city or town and outside the boundaries of a fire protection district.(7.6) "Hazardous materials responder" means any person, whether such person is paid or a volunteer, actively participating in or employed by a public or private agency whose duties include response to hazardous materials incidents in this state.(7.7) "Health facility" means a general hospital, hospital unit as defined in section 25-3-101 (2), psychiatric hospital, community clinic, rehabilitation center, convalescent center, behavioral health entity as defined in section 27-50-101 (4), facility for persons with developmental disabilities, habilitation center for children with brain damage, chiropractic center and hospital, maternity hospital, nursing care facility, rehabilitative nursing facility, hospice care facility, dialysis treatment clinic, ambulatory surgical center, birthing center, home care agency, assisted living residence, or other facility of a like nature; except that "health facility" does not include a facility at which health services are not provided to individuals.(7.9) "Manufacturer" means any one or more of the following:(a) An entity that manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured with the intent that such cigarettes be sold in Colorado, regardless of where the cigarettes are manufactured or produced and regardless of whether they are imported from outside the United States;(b) The first purchaser anywhere that intends to resell, in the United States, cigarettes manufactured anywhere that the original manufacturer or producer does not intend to be sold in the United States; or(c) An entity that becomes a successor to an entity described in paragraph (a) or (b) of this subsection (7.9).(8) "Masticated fuels" means fuels, such as brush, small-diameter trees, and slash, that have been ground or chewed into small pieces of woody material through a mechanical wildland fuels treatment process, and generally left to carpet the ground.(8.2) "Post-9/11 era veteran" means a veteran who served on active duty during the military campaign period that started after the September 11, 2001, terrorist attacks on the United States, and continuing until the date of the end of hostilities as determined by the government of the United States, and who has received an honorable discharge, a general discharge under honorable conditions, or a general discharge.(8.3) "Prescribed burning" means the application of fire, in accordance with a written prescription for vegetative fuels, under specified environmental conditions while following appropriate precautionary measures that ensure public safety and that is confined to a predetermined area to accomplish public safety or land management objectives. The term excludes controlled agricultural burns and controlled ditch burns.(8.4) "Principal" means an individual having a position of responsibility in any entity acting as a fire suppression contractor, including any manager, director, officer, partner, owner, or shareholder owning ten percent or more of the stocks of any such entity.(8.5) "Qualified volunteer firefighter" means a volunteer firefighter as defined in section 31-30-1102 (9), C.R.S., in active service and maintaining the minimum amount of training in a fire department of thirty-six hours each year.(9) "Quality control and quality assurance program" means a set of laboratory procedures implemented to ensure that: (a) Operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of cigarette testing; and(b) The testing repeatability remains within the required repeatability values stated in section 24-33.5-1214 (2)(a)(II)(F) for all test trials used to certify cigarettes in accordance with section 24-33.5-1214 (3).(10) "Repeatability", with respect to a cigarette test trial, refers to the range of values within which the repeat results of cigarette test trials from a single laboratory will fall ninety-five percent of the time.(10.5) "Rescuer" means any person seeking certification under this part 12, whether such person is paid or a volunteer, actively participating in or employed by a public or private agency whose duties include response incidents in this state relating to nationally recognized fire service standards.(10.7) "Residential fire suppression contractor" means a fire suppression contractor that, individually or through others, offers to undertake, represents itself as being able to undertake, or does undertake to sell, lay out, fabricate, install, modify, alter, repair, maintain, or perform maintenance inspections of a residential fire suppression system.(10.8) "Residential fire suppression system" means a fire suppression system designed for or installed in a one- or two-family dwelling or townhouse that is not regulated by the Colorado board of plumbers.(11) "Retail dealer" means any person, other than a manufacturer or wholesale dealer, engaged in selling cigarettes or tobacco products.(12) "Sale" means any transfer of title, possession, or both, or exchange or barter, conditional or otherwise, in any manner or by any means or any agreement. In addition to cash and credit sales, the giving of cigarettes as samples, prizes, or gifts, and the exchanging of cigarettes for any consideration other than money, are considered sales.(12.5) "Seasonal wildland firefighter" means a temporary employee of a governing body or a state agency, or a volunteer member of a nongovernmental volunteer fire department, who is trained and qualified as a wildland firefighter and whose duties include responding to wildland fire emergency incidents and assisting in wildland fire suppression.(13) "Sell" means to sell or to offer or agree to sell.(13.3) "Sprinkler fitter" means a person other than an apprentice who is registered with the administrator and who installs fire suppression systems. "Sprinkler fitter" does not include a person who performs maintenance and repair on fire suppression systems as a part of his or her employment. A sprinkler fitter does not include a person who performs work exclusively on cross-connection control devices or a person who performs work exclusively on an underground system. "Sprinkler fitter" does not include a person performing work on his or her own home.(13.7) "Sprinkler fitter apprenticeship program" means an apprenticeship training program that is registered with either the office of apprenticeship in the employment and training administration in the United States department of labor or a state apprenticeship agency in accordance with the requirements of 29 CFR 29.1 et seq., or other similar apprentice program approved by the administrator, and consists of a minimum of eight thousand hours of documented practical work experience on fire suppression systems, combined with a minimum of seven hundred hours of related instruction, including classroom or shop instruction, in the sprinkler fitter trade.(13.9) "Underground system" means the system of below-ground piping, valves, appliances, and appurtenances that physically connect the water supply to a fire suppression system.(14) "UPC symbol" means the symbol signifying the universal product code.(14.3) "Veterans' fire corps program" means a program that is organized by a conservation corps or youth corps accredited by the Colorado youth corps association and that provides training and on-the-job experience for post-9/11 era veterans interested in entering into careers and gaining experience in natural resource management and wildland fire control.(14.5) "Volunteer fire department" means a nongovernmental unit organized in accordance with section 24-33.5-1208.5 as a nonprofit organization with a primary purpose of firefighting, fire protection, or other emergency services to a defined service area that is recognized by the appropriate governmental entity with jurisdiction for the area the unit services.(15) "Wholesale dealer" means:(a) Any person, other than a manufacturer, who sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale; and(b) Any person who owns, operates, or maintains one or more cigarette or tobacco product vending machines in, at, or upon premises owned or occupied by any other person.Amended by 2022 Ch. 222, § 51, eff. 7/1/2022.Amended by 2020 Ch. 216, § 46, eff. 6/30/2020.Amended by 2016 Ch. 324, § 4, eff. 8/10/2016.Amended by 2015 Ch. 184, § 3, eff. 5/12/2015.Amended by 2015 Ch. 3, § 2, eff. 3/11/2015.Amended by 2014 Ch. 205, § 3, eff. 5/15/2014.Amended by 2014 Ch. 175, § 1, eff. 5/12/2014.Amended by 2014 Ch. 41, § 2, eff. 3/20/2014.Amended by 2013 Ch. 249, § 4, eff. 5/23/2013.Amended by 2013 Ch. 24, § 2, eff. 3/14/2013.L. 83: Entire article added, p. 958, § 1, effective 7/1/1984. L. 85: (3) added, p. 829, § 1, effective July 1. L. 90: Entire section R&RE, p. 1211, § 1, effective May 18. L. 2006: (2.5), (3.5), and (7.5) added, p. 1362, § 5, effective July 1. L. 2008: (1.4), (1.7), (3.3), (7.7), (9), (10), (11), (12), (13), (14), and (15) added, p. 1484, § 1, effective 1/1/2009. L. 2009: (8.5) added, (SB 09-021), ch. 2289, p. 2289, § 3, effective August 5. L. 2010: (3.4), (13.3), (13.7), and (13.9) added and (6) amended, (HB 10-1241), ch. 354, p. 1644, § 3, effective 7/1/2011. L. 2011: (6.5), (7.6), and (10.5) added, (SB 11-251), ch. 1045, p. 1045, § 7, effective June 30. L. 2012: (1) and (3.5) amended and (1.2) and (3.7) added, (HB 12-1283), ch. 1106, p. 1106, § 12, effective July 1; (7.7) amended and (7.9) added, (HB 12-1268), ch. 1027, p. 1027, § 6, effective 7/1/2013. L. 2013: (3.1), (3.2), (3.6), (3.8), (3.9), (8.3), and (8.4) added and (3.3), (3.4), (3.5), (3.7), and (8) amended, (SB 13-083), ch. 1301, p. 1301, § 4, effective May 23. L. 2014: (12.5) added, (SB 14 -047), ch. 207, p. 207, § 2, effective March 20; (2.3) added and (3.1) repealed, (HB 14-1010), ch. 642, p. 642, § 1, effective May 12; (10.7) and (10.8) added, (HB 14-1221), ch. 753, p. 753, § 3, effective May 15. L. 2015: (3.9) amended and (14.5) added, (HB 15 -1017), ch. 7, p. 7, § 2, effective March 11; (8.2) and (14.3) added, (SB 15-205), ch. 602, p. 602, § 3, effective May 12. L. 2016: (6.5) and (7) repealed, (HB 16-1034), ch. 1315, p. 1315, § 4, effective August 10. L. 2020: (13.7) amended, (HB 20-1402), ch. 1051, p. 1051, § 46, effective June 30. (1) For the legislative declaration in the 2010 act adding subsections (3.4), (13.3), (13.7), and (13.9) and amending subsection (6), see section 1 of chapter 354, Session Laws of Colorado 2010. For the legislative declaration in the 2012 act amending subsections (1) and (3.5) and adding subsections (1.2) and (3.7), see section 1 of chapter 240, Session Laws of Colorado 2012. For the legislative declaration in SB 14-047, see section 1 of chapter 41, Session Laws of Colorado 2014. (2) (a) In 2013, subsections (3.1), (3.2), (3.6), (3.8), (3.9), (8.3), and (8.4) were added and subsections (3.3), (3.4), (3.5), (3.7), and (8) were amended by the "Colorado Prescribed Burning Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 249, Session Laws of Colorado 2013. (b) For the short title ("Veterans Fire Corps Act") and the legislative declaration in SB 15-205, see sections 1 and 2 of chapter 184, Session Laws of Colorado 2015.