(1) Beginning August 2, 2019, a person or fire department may not discharge or otherwise use for training purposes or for testing firefighting foam fire systems class B firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances. As used in this subsection (1), "firefighting foam fire systems" means a system designed to provide protection from fire, or for the suppression of fire, through the use of firefighting foam.
A person or fire department who administers a training program which violates subsection (1) of this section is subject to a civil penalty not to exceed five thousand dollars for each violation in the case of a first offense. A person or fire department who administers a training program which violates subsection (1) of this section repeatedly is subject to a civil penalty not to exceed ten thousand dollars for each repeat offense. Penalties collected under this section must be deposited in the local firefighter safety and disease prevention fund created in section 24-33.5-1231.
For purposes of this section, "class B firefighting foam", "fire department", and "perfluoroalkyl and polyfluoroalkyl substances" have the same meaning as they are defined in section 25-5-1302.
As of August 2, 2019, any testing at a structure that is used for the storage or maintenance of aircraft is exempt from the firefighting foam fire system testing restrictions in subsection (1) of this section, so long as:
(a) The structure is located in an airport that:
Is a federal aviation administration-designated public-use airport;
Is within the state of Colorado; and
Has constructed containment systems capable of capturing all discharged firefighting foam for subsequent disposal in accordance with applicable state and federal regulations; and
(b) The firefighting foam testing occurs:
As required by the standards of the national fire protection association, as stated inthe standard on aircraft hangars NFPA 409, 2016 edition, revised 2011, as amended;
As referenced in the applicable building codes;
As required by insurance carriers;
In accordance with manufacturer recommendations for the maintenance of firefighting foam systems; and
In accordance with the rules for the capture and disposal of perfluoroalkyl and polyfluoroalkyl substances promulgated by the solid and hazardous waste commission under section 25-15-302 (3.2), to the extent that the commission has promulgated such rules.
Any person or fire department who possesses a certificate of registration issued inaccordance with section 25-15-302 (3.2) is exempt from the firefighting foam testing restrictions in subsection (1) of this section.
Subsections (4) and (5) of this section are repealed, effective January 1, 2023.
Source: L. 2019: Entire section added, (HB 19-1279), ch. 427, p. 3724, § 2, effective August 2. L. 2020: (4), (5), and (6) added, (HB 20-1119), ch. 139, p. 604, § 1, effective June 29.
Cross references: For the legislative declaration in HB 19-1279, see section 1 of chapter 427, Session Laws of Colorado 2019.