(1) (a) Subject to the provisions of the community wildfire protection plan prepared by the county in accordance with section 30-15-401.7, it is the duty of the sheriff to assume the responsibility for coordinating fire suppression efforts in case of any prairie, forest, or wildland fire or wildfire occurring in the unincorporated area of the county outside the boundaries of a fire protection district or that exceed the capabilities of the fire protection district to control or extinguish.
In the case of a prairie, forest, or wildland fire occurring within the boundaries of oneor more fire protection districts that does not exceed the capabilities of the fire protection district to control or extinguish, the sheriff may assist the chief of the fire protection district in controlling or extinguishing such fire, and, in connection with such assistance, the sheriff may solicit such additional assistance from such persons as the sheriff and the fire chief deem necessary. The sheriff may assume command of such incidents with the concurrence of the fire chief.
In the case of a prairie, forest, or wildland fire that exceeds the capabilities of the fireprotection district to control or extinguish and that requires mutual aid and outside resources, the sheriff shall appoint a local incident management team 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.
When a wildfire exceeds the capability of the county to control or extinguish, thesheriff shall be responsible for seeking the assistance of the state by requesting assistance from the division of fire prevention and control in the department of public safety. The sheriff and the director of the division of fire prevention and control shall enter into an agreement concerning the transfer of authority and responsibility for fire suppression and the retention of responsibilities under a unified command structure.
The director of the division of fire prevention and control may assume any duty orresponsibility given to the sheriff under this section with the concurrence of the sheriff.
The board of county commissioners of any county may allow the sheriff, undersheriffs, deputies, municipal or county fire departments, fire protection districts, fire authorities, and such other persons as may be called upon to assist in controlling or extinguishing a prairie, forest, or wildland fire such compensation and reimbursement for other expenses necessarily incurred as the board deems just.
The board of county commissioners of any county in the state may make such appropriation as it may deem proper for the purpose of controlling fires in its county. The board of county commissioners is authorized to levy a special tax subject to approval of the voters upon every dollar of valuation of assessment of the taxable property within the county for the purpose of creating a fund that shall be appropriated, after consultation with representatives of fire departments, fire protection districts, and fire authorities in the county, to prevent, control, or extinguish such fires anywhere in the county and to fix the rate of levy.
Source: L. 03: p. 176, § 2. R.S. 08: § 1281. C.L. § 8756. CSA: C. 45, § 103. L. 45: p. 299, § 1. CRS 53: § 35-5-13. C.R.S. 1963: § 35-5-13. L. 65: p. 925, § 4. L. 96: Entire section amended, p. 673, § 1, effective May 2. L. 2000: Entire section amended, p. 1303, § 6, effective
May 26. L. 2009: Entire section amended, (SB 09-105), ch. 190, p. 831, § 1, effective April 30; entire section R&RE, (SB 09-020), ch. 189, p. 829, § 5, effective April 30; entire section amended, (SB 09-001), ch. 30, p. 128, § 5, effective August 5. L. 2010: (1)(b) amended, (HB 101422), ch. 419, p. 2119, § 163, effective August 11. L. 2013: (1) (d) and (2) amended, (HB 131300), ch. 316, p. 1694, § 97, effective August 7.
Editor's note: (1) Amendments to this section by Senate Bill 09-001 and Senate Bill 09020 were harmonized.
(2) This section was amended in Senate Bill 09-105. Those amendments were superseded by the repeal and reenactment of this section in Senate Bill 09-020. However, the intent of Senate Bill 09-105 was realized by the adoption the House Local Government committee of reference report to Senate Bill 09-020. (See the House Journal for March 18, 2009, page 770.)
Cross references: For the legislative declaration contained in the 2000 act amending this section, see section 6 of chapter 272, Session Laws of Colorado 2000.