§ 29-22.5-103 — Wildland fires - general authority and responsibilities

Colorado § 29-22.5-103

• Jurisdiction: Colorado
• Title 29: Government
• Art.: Wildland Fire Planning

Text

(1) (a)
The chief of the fire department is responsible for the management of wildland
fires that occur within the jurisdictional boundaries of the chief's department and
that are within the capability of the fire department to control or extinguish in
accordance with the provisions of section 32-1-1002 (3)(a).

(b) The fire chief may utilize mutual aid agreements with neighboring fire
departments to suppress and control fires that cross or threaten to cross
jurisdictional boundaries.

(c) The fire chief may transfer any duty or responsibility the fire chief may
assume under this section to the county sheriff with the concurrence of the sheriff.

(d) The fire chief shall not seek reimbursement from the county for expenses
incurred by the district for their own apparatus, equipment, and personnel used in
containing or suppressing a wildfire occurring on private property within the
boundaries of the district, except as provided in section 30-10-513 (3)(b).

(2) (a) The sheriff is the fire warden of the county and is responsible for the
planning for, and the coordination of, efforts to suppress wildfires occurring in the
unincorporated area of the county outside the boundaries of a fire department or
that exceed the capabilities of the fire department to control or extinguish in
accordance with the provisions of section 30-10-513.

(b) In the case of a wildfire that exceeds the capabilities of the fire
department to control or extinguish and that requires mutual aid and outside
resources, the sheriff shall appoint an incident commander to provide the command
and control infrastructure required to manage the fire. The sheriff shall assume
financial responsibility for fire fighting efforts on behalf of the county and the
authority for the ordering and monitoring of resources.

(c) In the case of a wildfire that exceeds the capability of the county to
control or extinguish, the sheriff is responsible for seeking the assistance of the
state, by requesting assistance from the division. The sheriff and the director shall
enter into an agreement concerning the transfer of authority and responsibility for
fire suppression and the retention of responsibilities.

(3) (a) The division is the lead state agency for wildland fire response and
suppression.

(b) The forest service may provide land management and the division may
provide wildland fire management services to other state agencies by means of
memoranda of understanding or related forms of cooperative agreements.

(c) In case of a wildland fire that exceeds the capability of the county to
control or extinguish, the division may assist the sheriff in controlling or
extinguishing such fires, and may assume command of such incidents with the
concurrence of the sheriff.

(d) At the request of the sheriff, the division may assist in the development or
modification of the county wildfire preparedness plan.

(4) Notwithstanding any other provision of law, and subject to the provisions
of any local or regional mutual aid agreements or plans for wildland fire response,
the first emergency response agency to arrive at the scene of a wildland fire,
regardless of whether the incident occurs within its jurisdiction, shall act as
incident commander and be responsible for the initial emergency action necessary
to control the wildland fire or to protect life or property until the emergency
response agency that has jurisdiction over the incident site arrives.

(5) The agency that has jurisdiction over any wildland fire in the state shall
manage the fire using the incident command system.

Legislative History

Source: L. 2009: Entire article added, (SB 09-020), ch. 189, p. 826, � 1, effective April 30. L. 2013: (2)(c) and (3) amended, (HB 13-1300), ch. 316, p. 1693, � 94, effective August 7. L. 2022: (1)(d) amended, (SB 22-002), ch. 339, p. 2442, � 5, effective June 3. L. 2024: (1)(a), (1)(b), (2), (3)(a), and (3)(c) amended and (5) added (HB 24-1155), ch. 48, p. 170, � 4, effective August 7.