1.4 FIRE MITIGATION (38-33.3-106.5(e),(f)(I),(II))
Effective Date: June 6, 2005
Applicability: Applies to all pre and post-CCIOA common interest communities
New or Amended: This is a new provision to CCIOA
What It States:
• An association may not prohibit owners from removing vegetation around their homes for fire mitigation purposes as long as the removal complies with a written defensible space plan. [38-33.3-106.5(1)(e)]
• Such plan must have been created for the property by:
1. The Colorado state forest service;
2. An individual or company certified by the local government to create a defensible space plan; OR
the fire chief, fire marshal, or the property’s fire protection district. [38-33.3-106.5(1)(e)]
• A unit owner has the responsibility to:
1. Not remove more vegetation than is necessary to comply with the applicable written defensible space plan.
2. Register the plan with the association before beginning removal of the vegetation.
3. Comply with the applicable association standards regarding slash removal, stump height, revegetation, and contractor regulations.
[38-33.3-106.5(1)(e)]
• The association retains the right to require changes to the plan if the association obtains the permission of the entity that originally created the plan. [38-33.3-106.5(1)(e)]
• An association may not prohibit a unit owner from replacing cedar shakes or any other flammable roofing materials with nonflammable materials. [38-33.3-106.5(1)(f)(I)
• An association’s governing documents may specify reasonable standards for the color, appearance, and general type of nonflammable roofing materials that may be used. [38-33.3-106.5(f)(II)]
• An association’s governing documents may NOT require the use of nonflammable materials that would exceed the cost of replacing the flammable materials for which they are being substituted. [38-33.3-106.5(f)(II)]
Comments:
1) The fire mitigation portion of this section applies primarily to mountain associations.
2) If an association has not done so yet, it should adopt standards regarding slash removal, stump height, revegetation, and contractor regulations.
1) Create a “Fire Suppression” checklist that will help board members to determine whether a unit owner is entitled to remove vegetation.
2) The checklist should include questions such as:
a) Has the unit owner filed a copy of a written defensible space plan with the association?
b) Was the plan created for the unit owner’s property by an entity authorized by the statute to do so?
c) Is the unit owner’s removal or planned removal of vegetation within the scope of the plan?
d) Has the owner been informed of the applicable association standards regarding slash removal, stump height, revegetation, and contractor regulations?
3) If an association has flammable roofing materials, it should adopt reasonable standards for the color, appearance and general type of nonflammable roofing materials that may be used to replace the flammable ones.
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