Elbert County reviews Colorado Wildfire Resiliency Code; officials raise enforcement and homeowner-impact concerns

Elbert County commissioners reviewed the Colorado Wildfire Resiliency Code on March 9, hearing technical details from county staff and Chris Brunette of the Colorado Division of Fire Prevention and Control about when the code applies and how it would be enforced locally.

County staff said the state created a Wildfire Resiliency Code Board that produced the statewide WUI resiliency code and set an adoption target of April 1 with enforcement 90 days later; staff said jurisdictions are expected to adopt the code or an equivalent standard. "The enforcement date will be 3 months after that adoption date," staff said.

Brunette, who identified himself as chief of fire and life safety with the Colorado Division of Fire Prevention and Control and volunteer fire marshal for Elbert Fire, told the board the code is "not meant to be a retroactive code, so anything existing at the time of adoption isn't affected" except for major renovations or additions that meet the code's triggers. He added that if an accessory building is placed within 50 feet of a primary residence, exterior-wall requirements can apply to that accessory building.

The code centers on two elements: home hardening (noncombustible siding and roofs, fire‑resistant vents, deck standards) and vegetation mitigation based on state wildfire hazard maps. Staff described a 0–5 foot noncombustible zone and additional spacing requirements from 5–30 feet outward; officials discussed trees, heritage-tree allowances and site design. "Anything together, fencing, combustible fencing can't be within 8 feet of the house," staff said when explaining the intent to remove nearby combustible materials.

Officials and staff walked through practical triggers: the code applies to new construction and remodels that expand the occupiable footprint by more than 500 square feet, which can require the permitted portion to meet the resiliency standards; detached accessory structures at least 50 feet from the primary building generally do not force upgrades to the main house. Staff and Brunette noted a gray area where a code official could interpret large additions or a percentage-of-roof calculation to require broader upgrades.

Commissioners pressed on enforcement mechanics. Staff said the building department would inspect permitted work for home-hardening measures while fire protection districts would handle vegetation management, but admitted long-term maintenance inspection and enforcement remain unclear: "There is no enforcement piece kind of laid out," staff said, and routine maintenance inspections are not specified in the code. Brunette added the statute requires annual reporting by the Wildfire Resiliency Code Board listing jurisdictions in and out of compliance, which could carry secondary consequences: "Anybody could use [the report] for any purpose," he said, noting concerns insurers or lenders might consider compliance when evaluating coverage or underwriting.

The board discussed jurisdictional responsibilities: Brunette explained special fire protection districts that adopt the code would be the code official within their districts; county areas not covered by a district would require county adoption and the county would assume code-official duties. Commissioners suggested memoranda of understanding to let county staff support inspection workloads for volunteer fire districts.

Several commissioners expressed concern about homeowner impacts on small lots and costs. Staff and a building official said modern materials often meet the standards and that the most-visible cost increase in some studies has been decking, but no definitive county cost estimate was available. Brunette and staff recommended additional outreach to fire chiefs and the building community; staff said a first reading was planned at the next board meeting and noted some districts have already scheduled readings.

The meeting closed after agreeing to pursue coordination with local fire chiefs and a countywide public-education initiative about the code and its implications for property owners.