Amendments for SB25-142
Senate Journal, April 16
After consideration on the merits, the Committee recommends that SB25-142 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, strike everything below the enacting clause and substitute:
"SECTION 1. In Colorado Revised Statutes, 24-33.5-1237, amend
(1)(a), (2), and (3); and add (1)(a.3) and (1)(c.5) as follows:
24-33.5-1237. Application of wildfire resiliency codes - enforcement
- definitions. (1) As used in this section, unless the context otherwise requires:
(a) "Board" means the wildfire resiliency code board created in section
24-33.5-1236 (2). "ADOPTING GOVERNING BODY" MEANS A GOVERNING BODY
THAT HAS JURISDICTION IN AN AREA WITHIN THE WILDLAND-URBAN INTERFACE
AND HAS THE AUTHORITY TO ADOPT BUILDING CODES OR FIRE CODES.
(a.3) "BOARD" MEANS THE WILDFIRE RESILIENCY CODE BOARD CREATED
IN SECTION 24-33.5-1236 (2).
(c.5) "COOPERATIVE AGREEMENT" MEANS AN AGREEMENT ENTERED
INTO BY THE ADOPTING GOVERNING BODY AND AT LEAST ONE OTHER ENTITY,
SUCH AS A THIRD-PARTY CONTRACTOR OR ANOTHER GOVERNING BODY, THAT
PROVIDES FOR THE ENFORCEMENT OF THE CODES.
(2) (a) A governing body with jurisdiction in an area within the
wildland-urban interface that has the authority to adopt building codes or fire
codes AN ADOPTING GOVERNING BODY shall adopt a code that meets or exceeds
the minimum standards set forth in the codes within three NINE months of the
board adopting the codes in accordance with section 24-33.5-1236 (4)(b)(II)(D).
(b) Enforcement of a code adopted pursuant to subsection (2)(a) of this
section shall be in accordance with the rules and regulations for code
enforcement by the ADOPTING governing body, OR THROUGH A COOPERATIVE
AGREEMENT. The period to comply with an adopted code shall be in accordance
with the rules and regulations of the ADOPTING governing body or within three
months of the date the code is adopted by the ADOPTING governing body,
whichever is sooner.
(c) The board may review a AN ADOPTING governing body's codes
adopted pursuant to subsection (2)(a) of this section and a AN ADOPTING
governing body's application of the adopted codes to determine compliance
with the requirements of this section. Governing ADOPTING GOVERNING bodies
shall cooperate with the board and be responsive to any requests for information
from the board made pursuant to the board's review set forth in this subsection
(2)(c).
(d) Notwithstanding subsection (2)(b) of this section, if a AN ADOPTING
governing body does not have rules and regulations OR A COOPERATIVE
AGREEMENT in place for the enforcement of a code adopted pursuant to
subsection (2)(a) of this section, the ADOPTING governing body may request
support from the division in conducting inspections and enforcing the code
pursuant to the division's procedures set forth in section 24-33.5-1213; except
that any civil penalty collected pursuant to section 24-33.5-1213 (4) shall be
deposited in the code board cash fund. The division may charge a reasonable fee
to the property owner for conducting inspections and enforcing the code, and
money from the fee shall be deposited in the code board cash fund.
(3) A AN ADOPTING governing body may petition the board for a
modification of the codes within its jurisdiction in accordance with procedures
adopted by the board pursuant to section 24-33.5-1236 (4)(b)(IV). If the board
grants the petition for modification, the modification applies only within the
jurisdiction that is granted the modification. The order granting the petition for
modification must specify a date on which the modification expires, and the
ADOPTING governing body must petition the board before the expiration date to
keep the modification in effect, or the board at its discretion and through its
own action may extend the modification and specify a new expiration date. A
AN ADOPTING governing body may appeal a denial of a petition to the board in
accordance with procedures adopted by the board pursuant to section
24-33.5-1236 (4)(b)(V).
SECTION 2. Safety clause. The general assembly finds, determines,
and declares that this act is necessary for the immediate preservation of the
public peace, health, or safety or for appropriations for the support and
maintenance of the departments of the state and state institutions.".
Page 1, line 101, strike "BOARD." and substitute "BOARD'S CODE
IMPLEMENTATION REQUIREMENTS.".
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