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 either successfully
completes the division's certified burner training and certification program or meets
the requirements for reciprocity described in section 24-33.5-1217 (2.5) and who
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.
(3.1) Repealed.
(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.
(6.5) and (7) Repealed.
(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.