Indoor burning enforcement and reporting violations
Contact your local municipality to report a violation.
If necessary, contact the state at 303-692-3280. See below for more information.
In Colorado, Air Quality Control Commission Regulation 4 prohibits the use of uncertified devices on air quality Action Days during the annual high pollution season (November-March). Uncertified devices include traditional fireplaces and any uncertified stove or insert.
It is illegal to install uncertified burning devices in the seven-county metro Denver area, or to sell new or used uncertified burning devices in this region. If the device does not meet certification requirements, it may not be advertised for sale, offered for sale, sold or installed in Colorado.
Most local municipalities in the restricted area enforce indoor burning bans on air quality Action Days through local ordinances. The Colorado Air Pollution Control Division (“Division”) has enforcement jurisdiction only in areas without local ordinances. Contact your local government/municipality to inquire about enforcement procedures.
For areas under state regulation:
- After an alleged violation is reported, the Division contacts the party involved to inform them of the regulations, limitations, and requirements to encourage compliance
- If the party allegedly responsible does not voluntarily comply, the Division begins an investigation
- If investigators find a violation of state regulations, the Division may pursue formal enforcement initiated with a notification of the violation and an enforcement conference between the responsible party and state regulators
- Formal enforcement is typically resolved with one of three settlement options:
- If it is determined that no violation occurred, then the case is closed out with a no-further action letter
- If it is determined that a violation occurred, then the Division calculates a civil penalty and offers to resolve the case with a Compliance Order on Consent to ensure future compliance
- If the alleged violation cannot be resolved through the typical settlement process, then the Division may issue a Compliance Order with compliance requirements and a penalty
- State statute allows the Division to assess civil penalties up to $15,000 per day per violation