FirstSB061_H_APP.003 RegularNOT SessionAMENDED Seventy-secondHOUSE GeneralCOMMITTEE Assembly STATE OF COLORADOREFERENCE REENGROSSEDREPORT This_______________________________ VersionApril Includes26, All2019 AmendmentsChair Adoptedof inCommittee theDate HouseCommittee ofon IntroductionAppropriations. LLS NO.

19-0554.01After Duaneconsideration Gallon x4335the SENATEmerits, BILLthe 19-061Committee SENATErecommends SPONSORSHIPthe Tatefollowing: and Zenzinger, Bridges, Crowder, Danielson, Ginal, Moreno, Priola, Smallwood, Todd, Winter HOUSE SPONSORSHIP Arndt and Hooton, Senate Committees House Committees Health & Human Services Appropriations A BILL FOR AN ACT C ONCERNINGSTANDARDSFORTHECERTIFICATIONOFCERTAINTYPES OF RESPIRATORS EQUIPPED WITH PRESSURE VESSELS ,AND , IN CONNECTION THEREWITH ,MAKING AN APPROPRIATION .

BillSB19-061 Summarybe ereferred (Note:to the Committee of the Whole with favorable recommendation.

This** summary*** applies** to*** this** bill*SB061_H_APP.003* as introduced and does n notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill m 1 T n 2 passes third reading in the house of introduction, a bill summary that A U 5 applies to the reengrossed version of this bill will be available at E i i S a p http://leg.colorado.gov.) R A r Currently,localfiredepartmentsandotherusersofself-contained 3 breathing apparatus (SCBA) rely on certification under standards promulgatedbythe United States department of transportation (DOT) or g i the national institute for occupational safety and health (NIOSH) for a 9 quality control of pressure vessels.

These certifications are considered E R 0 A n , N 2 1 Shading denotes HOUSE amendment.

Double underlining denotes SENATE amendment.

S e r Capital letters or bold & italic numbers indicate new material to be added to existing statun Ap Dashes through the words indicate deletions from existing statute.

e A valid through the vessel's recommended service life, but that service life is finite.

Section 1 of the bill declares that, with the emergence of new technology to test the continuing safety of vessels that are at the end of their initial recommended service life, vessels that remain safe can and should be recertified for an additional period rather than discarded, resulting in a saving of tax dollars for local governments.

Sections2through4givetheexecutivedirectorofthedepartment of public health and environment the authority to inspect SCBA equipment and, if necessary, to write rules governing the inspection and certification of pressure vessels.

Any such rules must incorporate or recognize current DOT or NIOSH standards for certification and recertification with regard to any technology that is accepted by those federal agencies.

Be it enacted by the General Assembly of the State of Colorado:

SECTION1.

Legislativedeclaration.(1) Thegeneralassembly finds and determines that:

(a) Theavailabilityofself-containedbreathingapparatus(SCBA) is critical to the performance of life-saving duties by first responders, such as firefighters, and the mitigation of hazards such as asbestos and chemicalspillsinwhichthe presenceof dangeroussubstancesmakesthe air unbreathable in the vicinity of the hazard;

(b) An SCBA depends on a portable supply of breathable air, which is typically carried in a cylinder or similar container at high pressure;

(c) Toensureusersafety,theseaircontainers,generallyknownas "cylinders", must be tested and certified as capable of withstanding a specified amount of pressure for a defined period, usually fifteen years, after which period the cylinders must be replaced;

(d) Recently, new technology has been developed to test the continuing safety of SCBA cylinders that are at the end of their initial -2- 061 recommendedservicelife,potentiallyallowingthemtobeplacedbackin service rather than discarded, and the federal agencies responsible for certifying these cylinders have initially approved certain methods of retesting and recertifying them for additional years of safe service;

and (e) The cost of retesting and recertifying a cylinder is approximately one-third the cost of purchasing a new cylinder and can effectively double its service life, saving local governments and other entitiesthatuseSCBAcylindersanestimatedsixhundredtoninehundred dollars per cylinder.

(2) The general assembly declares that, for these reasons, it is in the public interest that Colorado's local governments and state agencies be encouraged to use federally approved retesting and recertification methodstoextendthelifeofSCBAcylindersandthatthedivisionof fire prevention and control in the department of public safetyrized to ensure that applicable standards are observed in doing so.

SECTION2.

InColoradoRevisedStatutes,addpart23toarticle 33.5 of title 24follows:

PART 23 CERTIFICATION OF SELF-CONTAINED BREATHING APPARATUS 24-33.5-2301.Definitions.ASUSEDINTHISPART 23,UNLESSTHE CONTEXT OTHERWISE REQUIRES :

(1) "DIRECTOR" MEANS THE DIRECTOR OF THE DIVISI.N (2) "DIVISION"MEANS THE DIVISION OF FIRE PREVENTION AND CONTROL IN THE DEPARTMENT OF PUBLIC SAFETY CREATED IN THIS ARTICLE 33.5.

-3- 061 (3) "DOT" MEANS THE U NITED STATES DEPARTMENT OF TRANSPORTATION .

4 (4) "NIOSH" MEANS THE NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH WITHIN THE CENTERS FOR DISEASE CONTROL AND PREVENTION , UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES .

(5)"PRESSUREVESSEL "MEANSASUPPLYORSTORAGECONTAINER , WHETHER CYLINDRICAL , SPHERICAL,OR OF ANY OTHER SHAPE , THAT CONTAINS BREATHABLE GASES UNDER A PRESSURE GREATER THAN ONE ATMOSPHERE FOR USE IN ANSCBA.

(6) "SELFCONTAINED BREATHING APPARATUS " OR "SCBA" MEANSAPORTABLE SYSTEMTHAT PROVIDES THE USER WITH A SUPPLY OF BREATHABLE AIR CARRIED IN A PRESSURE VESSELOR GENERATED BY THE SYSTEM ,REQUIRING NO INTAKE OF OXYGEN OR OTHER GASES FROM THE OUTSIDE ATMOSPHERE .

24-33.5-2302.Self-contained breathing apparatus - pressure vessels - certification required.

(1) OAFTERANUARY 1,2020,A PERSON SHALL NOT SELL, LEASE,OR OFFER FOR USE IN THE STATE AN SCBA THATCONTAINSORINCORPORATESAPRESSUREVESSELUNLESSTHE VESSEL I:

(a) C ERTIFIED AS MEETING ALL APPLICABLE STANDARDS PROMULGATED BY DOT OR NIOSH AND ANY STANDARDS ADOPTED BY THE DIRECTOR BY RULE;AND (b) W ITHIN ITS RECOMMENDED SERVICE LIFE FOLLOWING CERTIFICATIONOR,IFAPPLICABL,RECERTIFICATIONORREQUALIFICATION IN ACCORDANCE WITH THE METHODS SPECIFIED IN SPECIAL PERMIT -4- 061 DOT-SP 16320 OR A SUCCESSOR STANDARD ADOPTED BY DOT OR NIOSH.

24-33.5-2303.

Rules.

A THE DIRECTOR DEEMS NECESSARY FOR THE PROTECTION OF FIREFIGHTERS AND OTHERS USING ANY SELF-CONTAINED BREATHING APPARATUS , THE DIRECTOR MAY PROMULGATE RULES TO ESTABLISH AND ENFORCE STANDARDS FOR THE INSPECTION,CERTIFICATION,AND USE OF THE APPARATUS.

THE RULES MUSTINCORPORATEORRECOGNIZECURRENT DOT OR NIOSH STANDARDS FOR CERTIFICATION AND RECERTIFICATION OF PRESSURE VESSELS WITH REGARD TO ANY TECHNOLOGY THAT IS ACCEPTED BY THOSE FEDERAL AGENCIES.

SECTION 3.

In Colorado Revised Statutes, add 29-5-114 as follows:

29-5-114.

Self-contained breathing apparatus - testing - certification - recertification.

AN , CIT, CITY AND COUNTY , COUNTY ,FIRE PROTECTION DISTRIC,OR STATE INSTITUTION OF HIGHER EDUCATION THAT OWNS OR LEASES ANY SELF -CONTAINED BREATHING APPARATUS ,AS DEFINED IN SECTIO24-33.5-2301,FOR USE BY POLICE OFFICERS,DEPUTY SHERIFFS,OR FIREFIGHTERS SHALL ENSURE THAT THE APPARATUS AND ALL ASSOCIATED PRESSURE VESSELS ARE REGULARLY TESTED AND CERTIFIED IN ACCORDANCE WITH ALL APPLICABLE FEDERAL STANDARDS AND WITH ANY STANDARDS FOR RETESTING AND RECERTIFICATION THAT THE DIRECTOR OF THE DIVISION OF FIRE PREVENTION AND CONTROL IN THE DEPARTMENT OF PUBLIC SAFETY MAY PROMULGATE BY RULE IN ACCORDANCE WITH SECTION 24-33.5-2303.