24-33.5-1401. Definitions. As used in this part 14, unless the context otherwise requires:

(1) "Certification" means the issuance to a hazardous materials responder, by the advisory board created in section 24-33.5-1402, of a signed instrument evidencing satisfactory completion by such hazardous materials responder of the requirements of the training program.

(2) "Hazardous materials responder" means any person, whether such person is paid or a volunteer, actively participating in or employed by a public or private agency whose duties include response to hazardous materials incidents in this state.

24-33.5-1402. Advisory board - legislative declaration. (1) For the purpose of administering a voluntary certification program for hazardous materials responders, there is hereby created in the division of fire safety a seven-member advisory board to the director of the division of fire safety, referred to in this part 14 as the "advisory board". The governor, taking into consideration the broadest possible geographic areas, shall appoint persons experienced in hazardous materials response as follows: One member shall be a fire chief from a municipality or special district; one member shall be a hazardous materials team leader; one member shall be experienced in the transportation industry; one member shall be from a private industry fixed-site facility; one member shall be employed by a local government law enforcement agency; one member shall be from the Colorado state patrol; and one member shall be from the emergency medical services. No more than three members shall be from the Denver metropolitan area and at least two members shall be residents of the western slope. The governor shall initially appoint three members for two-year terms and four members for four-year terms. Thereafter, the governor shall appoint their successors for terms of four years each. If any such appointee vacates his office during the term for which he was appointed to the advisory board, the vacancy on the board shall be filled by appointment by the governor for the unexpired term. The advisory board shall annually elect from its members a chairman and a secretary. The members of the

advisory board shall receive no compensation but shall be reimbursed for all actual and necessary expenses incurred in the performance of their official duties, such expenses to be paid from the appropriations from the hazardous materials responder voluntary certification fund created in section 24-33.5-1405.

(2) It is the intent of the general assembly that the general fund moneys of this state should not be expended for the hazardous materials responder voluntary certification program. Therefore, the program shall be funded entirely on a cash funds basis. The advisory board shall establish fees for the direct and indirect costs of the administration of this part 14, which fees shall be assessed against any person applying for certification pursuant to the provisions of section 24-33.5-1403.

(3) Repealed.

24-33.5-1403. Duties of advisory board. (1) The advisory board has the following duties relating to hazardous materials responders:

(a) To establish a hazardous materials responder voluntary certification program and to set minimum standards for the training of such responders and for the instructors;

(b) To ensure that the quality and uniformity of any program established pursuant to this section meets the national fire protection association standards 471 and 472;

(c) To establish procedures for determining whether a hazardous materials responder meets the minimum standards which have been established by the advisory board;

(d) To certify hazardous materials responders or to withhold or revoke certification in the manner provided for by rules and regulations adopted by the advisory board pursuant to the provisions of article 4 of this title;

(e) To issue a certificate to any hazardous materials responder who presents evidence that the minimum standards established by the advisory board have been met.

24-33.5-1404. Education and training programs - voluntary certification programs - supervision and control. The hazardous materials responder voluntary certification program established under section 24-33.5-1403 shall be under the supervision and control of the director of the division of fire safety with the advice of the advisory board. The director of the division of fire safety shall administer the voluntary certification program for hazardous materials responders, and he shall provide whatever office space, equipment, and clerical staff services may be necessary in carrying out the provision of this part 14.

24-33.5-1405. Hazardous materials responder voluntary certification fund - created. All moneys received by the director of the division of fire safety in the administration of the hazardous materials responder voluntary certification program and all interest earned on such moneys shall be deposited in the state treasury in the hazardous materials responder voluntary certification fund, which fund is hereby created, and such moneys shall remain in such fund to be used, subject to annual appropriations by the general assembly, for the purposes of administering the hazardous materials responders voluntary certification program, and such moneys shall not be deposited in or transferred to the general fund of the state of Colorado or any other fund.