13-21-113.7. Immunity of volunteer firefighters, volunteers, incident management teams, and their employers or organizations - definitions - legislative declaration.

Statute text

(1) A volunteer firefighter or volunteer who, in good faith, takes part in firefighting efforts or provides emergency care, rescue, assistance, or recovery services at the scene of an emergency; any incident management team; and any person who, in good faith, commands, directs, employs, sponsors, or represents any such volunteer firefighter, volunteer, or incident management team shall not be liable for civil damages as a result of an act or omission by such volunteer firefighter, volunteer, incident management team, or other person in connection with the emergency or with activities described in section 33-1-102 (1.3); except that this exemption shall not apply to grossly negligent, willful, wanton, or reckless acts or omissions.

(2) As used in this section:

(a) "Emergency" means any incident to which a response by a fire department or incident management team is appropriate or requested, including, without limitation:

(I) A fire, fire alarm response, motor vehicle accident, rescue call, or hazardous materials incident;

(II) A natural or man-made disaster such as an earthquake, flood, or severe weather event;

(III) A terrorist attack; or

(IV) An outbreak of a harmful biological agent or infectious disease.

(b) "Fire department" has the meaning set forth in section 24-33.5-1202, C.R.S., and includes 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.

(c) "Incident management team" means an ad hoc or standing team of trained personnel from different departments, organizations, agencies, and jurisdictions, including persons engaged in backcountry search and rescue efforts as defined in section 33-1-102 (1.3), activated to manage the logistical, fiscal, planning, operational, safety, and community issues related to an emergency or other incident.

(c.5) "Volunteer" has the meaning as set forth in section 13-21-115.5.

(d) "Volunteer firefighter" has the meaning set forth in section 31-30-1102, C.R.S., and includes volunteer firefighters of not-for-profit nongovernmental entities that are organized to provide firefighting services.

(3) The general assembly intends that the provisions of this section and of the "Colorado Governmental 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.

(4) Nothing in this section alters the protections set forth in section 12-315-117, 13-21-108, 13-21-115.5, or 24-33.5-1505.

History

Source: L. 2009: Entire section added, (SB 09-013), ch. 413, p. 2284, 2, effective June 3. L. 2014: (1) amended and (2)(c.5) and (4) added, (SB 14-138), ch. 55, p. 252, 1, effective March 21. L. 2015: (2)(b) amended, (HB 15-1017), ch. 3, p. 8, 5, effective March 11. L. 2019: (4) amended, (HB 19-1172), ch. 136, p. 1664, 70, effective October 1. L. 2022: (1) and (2)(c) amended, (SB 22-168), ch. 296, p. 2119, 3, effective June 1.

Annotations

Editor's note: Subsection (2)(c.5) was numbered as (2)(e) in Senate Bill 14-138 but has been renumbered on revision for ease of location.

Annotations

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.