Modify Standards of Wildfire Resiliency Code Board

Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED

LLS NO. 26-0736.01 Caroline Martin x5902 HOUSE BILL 26-1334
House Committees Senate Committees
Transportation, Housing & Local Government
A BILL FOR AN ACT
CONCERNING MODIFICATIONS TO THE STANDARDS OF THE WILDFIRE101
RESILIENCY CODE BOARD.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
Current law requires the wildfire resiliency code board (code
board) to adopt minimum codes and standards related to wildfire
resiliency (codes and standards) and to review the codes and standards
every 3 years. The bill requires the code board to initially review the
codes and standards no later than July 1, 2026, and to review the codes
and standards as often as the board deems necessary but no less
HOUSE SPONSORSHIP
Flanell and Paschal,
SENATE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
frequently than once every 3 years.
Current law also requires the code board to establish a process by
which a governing body of certain local governments within the
wildland-urban interface (governing body) may petition the code board
for a modification to the code and requires a governing body to adopt a
code that meets or exceeds the minimum standards set forth by the code
board by April 1, 2026.
The bill requires the code board to establish a process by which a
person impacted by the codes and standards may petition the code board
for a modification to the code and extends the timeline by which a
governing body is required to adopt a code that meets or exceeds the
minimum standards set forth by the code board to April 1, 2027.
The bill also requires the department of public safety to annually
report certain information regarding the implementation of the codes and
standards related to wildfire resiliency to the general assembly.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) Increasing wildfire risk in Colorado prompted the passage of4
Senate Bill 23-166, which created the Colorado wildfire resiliency code5
board within the department of public safety and charged the code board6
with establishing a minimum code and standards for hardening structures7
and reducing fire risk in the defensible space surrounding structures in the8
wildland-urban interface. Senate Bill 23-166 also included a requirement9
that local governments a dopt the minimum code on or before April 1,10
2026.11
(b) More meaningful and ongoing public transparency and12
engagement are needed to:13
(I) Benefit the operation of the Colorado wildfire resiliency code14
board;15
(II) Ensure the success of the Colorado wildfire resiliency code;16
(III) Support local governments that have been tasked with17
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implementing the Colorado wildfire resiliency code; and1
(IV) Promote a shared understanding and appreciation between all2
levels of government, property owners, and builders of the Colorado3
wildfire resiliency code.4
(2) Therefore, the general assembly further finds and declares that5
it is necessary to:6
(a) Extend the timeline of the code adoption requirement by one7
year to ensure the Colorado wildfire resiliency code board has time to8
fulfill its duty to provide support and data to local governments, thereby9
allowing local governments to complete code review and adoption10
processes in a technically sound and locally defensible manner;11
(b) Direct the Colorado wildfire resiliency code board to review12
the code within the first year to address unintended consequences and to13
promote transparency and engagement;14
(c) Expand the appeals process to include more impacted parties;15
and16
(d) Direct the department of public safety to report on the17
Colorado wildfire resiliency code board's activities during the18
department's annual SMART Act hearing process.19
(3) This act affirms Colorado's commitment to mitigating fire risk20
and supporting local governments in creating and enforcing21
wildfire-resilient communities.22
SECTION 2. In Colorado Revised Statutes, 24-33.5-1236,23
amend (4)(b), (4)(b)(II)(D), and (4)(b)(IV) as follows:24
24-33.5-1236. Wildfire resiliency code board - powers and25
duties - rules - cash fund - legislative declaration - definitions.26
(4) Powers and duties.27
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(b) In furtherance of its mission, the board shall promulgate1
ADOPT rules in accordance with article 4 of this title 24 concerning the2
adoption of minimum codes and standards for hardening structures and3
reducing fire risk in the defensible space surrounding structures in the4
wildland-urban interface in Colorado. Notwithstanding section 24-1-1055
(1)(c) or any other law to the contrary, the rules promulgated ADOPTED by6
the board are not subject to approval or modification by the director or the7
executive director. At a minimum, the rules must:8
(II) Adopt minimum codes and standards, referred to in this9
section as the "codes", that must:10
(D) Be initially adopted by the board no later than July 1, 2025,11
and INITIALLY REVIEWED BY THE BOARD NO LATER THAN JULY 1, 2026,12
reviewed by the board AS OFTEN AS THE BOARD DEEMS NECESSARY BUT13
NO LESS FREQUENTLY THAN ONCE every three years, and updated or14
supplemented as the board determines may be DEEMS necessary;15
(IV) Establish the process by which a governing body OR A16
PERSON IMPACTED BY THE CODES may petition the board for a17
modification to the codes in accordance with section 24-33.5-1237 (3);18
SECTION 3. In Colorado Revised Statutes, 24-33.5-1237,19
amend (2)(a); and add (5) as follows:20
24-33.5-1237. Application of wildfire resiliency codes -21
enforcement - definitions.22
(2) (a) An adopting governing body shall, ON OR BEFORE APRIL 1,23
2027, adopt a code that meets or exceeds the minimum standards set forth24
in the codes. within nine months of the board adopting the codes in25
accordance with section 24-33.5-1236 (4)(b)(II)(D)26
(5) BEGINNING IN JANUARY 2027, AND IN JANUARY EVERY YEAR27
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THEREAFTER, THE DEPARTMENT SHALL INCLUDE , AS PART OF ITS1
PRESENTATION DURING ITS "SMART ACT" HEARING REQUIRED BY2
SECTION 2-7-203, INFORMATION CONCERNING:3
(a) T HE PROGRESS OF THE ADOPTION AND IMPLEMENTATION OF4
MINIMUM CODES AND STANDARDS FOR HARDENING STRUCTURES AND5
REDUCING FIRE RISK IN THE DEFENSIBLE SPACE SURROUNDING6
STRUCTURES IN THE WILDLAND-URBAN INTERFACE IN COLORADO;7
(b) A NY KNOWN CHALLENGES LOCAL GOVERNMENTS HAVE8
EXPERIENCED DURING THE PREVIOUS CALENDAR YEAR IN IMPLEMENTING9
THE CODES AND STANDARDS; AND10
(c) A NY COST IMPACTS TO PROPERTY OWNERS , INCLUDING11
INSURANCE PREMIUM INCREASES , RESULTING FROM THE ADOPTION OR12
IMPLEMENTATION OF THE CODES AND STANDARDS.13
SECTION 4. Act subject to petition - effective date. This act14
takes effect at 12:01 a.m. on the day following the expiration of the15
ninety-day period after final adjournment of the general assembly (August16
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a17
referendum petition is filed pursuant to section 1 (3) of article V of the18
state constitution against this act or an item, section, or part of this act19
within such period, then the act, item, section, or part will not take effect20
unless approved by the people at the general election to be held in21
November 2026 and, in such case, will take effect on the date of the22
official declaration of the vote thereon by the governor.23
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