(1) A fire department or other person or entity that donates surplus firefighting equipment to a fire department shall not be liable for damages in any civil action or subject to prosecution in any criminal proceeding resulting from the nature, age, condition, or packaging of such equipment; except that this exemption shall not apply to the grossly negligent, willful, wanton, or reckless acts of donors that result in injury to recipients of such equipment.
(2) As used in this section:
"Fire department" has the meaning set forth in section 24-33.5-1202, C.R.S., andincludes a fire department that uses paid firefighters, volunteer firefighters, or both. The term includes, without limitation, not-for-profit nongovernmental entities that are organized to provide firefighting services and recognized under section 24-33.5-1208.5, C.R.S.
"Firefighting equipment" means any and all equipment designed for or typically usedin the prevention and suppression of fire, the protection of firefighters, or the rescue and extrication of victims of fire or other emergencies, including without limitation hoses, fire trucks, rescue vehicles, extrication equipment, protective clothing, and breathing apparatus.
A fire department that receives donated firefighting equipment pursuant to this section shall not sell or offer to sell any such donated equipment. This prohibition shall not affect the transfer of such donated equipment, without contemplation of remuneration, between fire departments for future use.
Nothing in this section limits the authority of any appropriate agency to regulate,prohibit, or place conditions on the use of specific firefighting equipment.
The general assembly intends that the provisions of this section and of the "ColoradoGovernmental Immunity Act", article 10 of title 24, C.R.S., be read together and harmonized. If any provision of this section is construed to conflict with a provision of the "Colorado Governmental Immunity Act", the provision that grants the greatest immunity shall prevail.
Source: L. 2009: Entire section added, (SB 09-013), ch. 413, p. 2284, § 2, effective June 3. L. 2015: (2)(a) amended, (HB 15-1017), ch. 3, p. 7, § 4, effective March 11.
Cross references: In 2009, this section was added by the "Marc Mullinex Volunteer Firefighter Protection Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 413, Session Laws of Colorado 2009.