(1)
(a) Prior to the acquisition of land or any contracting for the purchase thereof, the
board of education of the school district in which the land is located shall consult
with and advise in writing the planning commission, or governing body if no
planning commission exists, that has jurisdiction over the territory in which the site
is proposed to be located in order that the proposed site shall conform to the
adopted plan of the community insofar as is feasible. In addition, the board of
education shall submit a site development plan for review and comment to the
planning commission or governing body prior to construction of any structure or
building. The planning commission or governing body may request a public hearing
before the board of education relating to the proposed site location or site
development plan. The board of education shall thereafter promptly schedule the
hearing, publish at least one notice in advance of the hearing, and provide written
notice of the hearing to the requesting planning commission or governing body.
(b) Prior to the acquisition of land for school building sites or construction of
any buildings thereon, the board of education of the school district in which the
land is located also shall consult with the Colorado geological survey regarding
potential swelling soil, mine subsidence, and other geologic hazards and to
determine the geologic suitability of the site for its proposed use.
(c) All buildings and structures shall be constructed in conformity with the
building and fire codes adopted by the director of the division of fire prevention and
control in the department of public safety, referred to in this section as the
division.
(c.5) In constructing buildings and structures, a school district, district
charter school, or institute charter school may consult the guidelines adopted by
the public school capital construction assistance board pursuant to section 22-43.7-106 (2)(a).
(d) Nothing in this subsection (1) shall be construed to limit the authority of a
board of education to finally determine the location of the public schools of the
school district and construct necessary buildings and structures.
(1.5) (a) Prior to contracting for a facility, a charter school shall advise in
writing the planning commission, or governing body if no planning commission
exists, which has jurisdiction over the territory in which the site is proposed to be
located. The relevant planning commission or governing body may request the
charter school to submit a site development plan for the proposed facility, but must
issue such request, if any, within ten days after receiving the written advisement. If
requested by the relevant planning commission or governing body, the charter
school, acting on behalf of its sponsoring school board, shall submit such a site
development plan. The relevant planning commission or governing body may review
and comment on such plan to the governing body of the charter school, but must do
so, if at all, within thirty days after receiving such plan. The relevant planning
commission or governing body, if not satisfied with the response to such comments,
may request a hearing before the board of education regarding such plan. Such
hearing shall be held, if at all, within thirty days after the request of the relevant
planning commission or governing body. The charter school then may proceed with
its site development plan unless prohibited from doing so by school board
resolution.
(b) An institute charter school authorized pursuant to part 5 of article 30.5 of
this title shall proceed pursuant to the provisions of this subsection (1.5).
Notwithstanding the provisions of paragraph (a) of this subsection (1.5) to the
contrary, the relevant planning commission or governing body may request a
hearing before the state board of education. The institute charter school then may
proceed with its site development plan unless prohibited from doing so by the state
board of education.
(2) (a) (I) (A) This subsection (2) shall apply to building or structure
construction. Except as specified in subparagraph (II) of this paragraph (a), the
division shall conduct the necessary plan reviews, issue building permits, cause the
necessary inspections to be performed, perform final inspections, and issue
certificates of occupancy to assure that a building or structure constructed
pursuant to subsection (1) or (1.5) of this section has been constructed in conformity
with the building and fire codes adopted by the director of the division and that the
school district or charter school, whichever is appropriate, has complied with the
provisions of paragraph (b) of subsection (1) of this section. Pursuant to this sub-subparagraph (A), the division may contract with third-party inspectors that are
certified in accordance with section 24-33.5-1213.5, C.R.S., to perform inspections.
The affected board of education, state charter school institute, or charter school
may hire and compensate third-party inspectors under contract with the division or
hire and compensate other third-party inspectors that are certified in accordance
with section 24-33.5-1213.5, C.R.S., to perform inspections. If the board of
education, state charter school institute, or charter school is unable to obtain a
third-party inspector and no building department has been prequalified, the division
shall perform the required inspections. If a third-party inspector is used, the division
shall require a sufficient number of third-party inspection reports to be submitted
by the inspector to the division based upon the scope of the project to ensure
quality inspections are performed. Except as specified in sub-subparagraph (B) of
this subparagraph (I), the third-party inspector shall attest that inspections are
complete and all violations are corrected before the board of education, state
charter school institute, or charter school is issued a certificate of occupancy.
Inspection records shall be retained by the third-party inspector for two years after
the certificate of occupancy is issued. If the division finds that inspections are not
completed satisfactorily, as determined by rule of the division, or that all violations
are not corrected, the division shall take enforcement action against the
appropriate board of education, state charter school institute, or charter school
pursuant to section 24-33.5-1213, C.R.S.
(B) If inspections are not completed and a building requires immediate
occupancy, and if the board of education, state charter school institute, or charter
school has passed the appropriate inspections that indicate there are no life safety
issues, the division may issue a temporary certificate of occupancy. The temporary
certificate of occupancy shall expire ninety days after the date of occupancy. If no
renewal of the temporary certificate of occupancy is issued or a permanent
certificate of occupancy is not issued, the building shall be vacated upon expiration
of the temporary certificate. The division shall enforce this sub-subparagraph (B)
pursuant to section 24-33.5-1213, C.R.S.
(II) Pursuant to a memorandum of understanding between the appropriate
building department and the division, the division may prequalify an appropriate
building department to conduct the necessary plan reviews, issue building permits,
conduct inspections, issue certificates of occupancy, and issue temporary
certificates of occupancy pursuant to sub-subparagraph (B) of subparagraph (I) of
this paragraph (a), to ensure that a building or structure constructed pursuant to
subsection (1) or (1.5) of this section has been constructed in conformity with the
building and fire codes adopted by the director of the division, and take
enforcement action. Nothing in the memorandum of understanding shall be
construed to allow the building department to take enforcement action other than
in relation to the building and fire codes adopted by the division. An appropriate
building department shall meet certification requirements established by the
division pursuant to section 24-33.5-1213.5, C.R.S., prior to prequalification. An
affected board of education, state charter school institute, or charter school may,
at its own discretion, opt to use a prequalified building department that has entered
into a memorandum of understanding with the division as the delegated authority. If
a building department conducts an inspection, the building department shall retain
the inspection records for two years after the final certificate of occupancy is
issued. The fees charged by the building department shall cover actual, reasonable,
and necessary costs. For purposes of this section, appropriate building
department means the building department of a county, town, city, or city and
county and includes a building department within a fire department.
(III) The division shall cause copies of the building plans to be sent to the
appropriate fire department for review of fire safety issues. The fire department
shall review the building plans, determine whether the building or structure is in
compliance with the fire code adopted by the director of the division, and respond
to the division within twenty business days; except that the fire department may
request an extension of this time from the director of the division on the basis of the
complexity of the building plans.
(IV) If the fire department declines to perform the plan review or any
subsequent inspection, or if no certified fire inspector is available, the division shall
perform the plan review or inspection. As used in this section, unless the context
otherwise requires, certified fire inspector has the same meaning as set forth in
section 24-33.5-1202 (2.5), C.R.S.
(V) If the building or structure is in conformity with the building and fire
codes adopted by the director of the division, and if the appropriate fire department
or the division certifies that the building or structure is in compliance with the fire
code adopted by the director of the division, the division or the appropriate building
department shall issue the necessary certificate of occupancy prior to use of the
building or structure by the school district or by the institute charter school. The
division is authorized to charge a fee to cover the actual, reasonable, and necessary
costs of the inspections of buildings and structures. The amount of the fee shall be
determined by the director of the division by rule, on the basis of the direct cost of
providing the service.
(VI) If the division authorizes building code inspections by a third-party
inspector pursuant to subparagraph (I) of this paragraph (a) or authorizes building
code plan reviews and inspections by an appropriate building department pursuant
to subparagraph (II) of this paragraph (a), the plan reviews and inspections shall be
in lieu of any plan reviews and inspections made by the division; except that this
subsection (2) shall not be construed to relieve the division of the responsibility to
ensure that the plan reviews and inspections are conducted if the third-party
inspector or appropriate building department does not conduct the plan reviews
and inspections. Nothing in this subsection (2) shall be construed to require a
county, town, city, city and county, or fire department to conduct building code plan
reviews and inspections.
(b) (I) If the division conducts the necessary plan reviews and causes the
necessary inspections to be performed to determine that a building or structure
constructed pursuant to subsection (1) or (1.5) of this section has been constructed
in conformity with the building and fire codes adopted by the director of the
division, the division shall charge fees as established by rule of the director of the
division. The fees shall cover the actual, reasonable, and necessary expenses of the
division. The director of the division by rule or as otherwise provided by law may
increase or reduce the amount of the fees as necessary to cover actual, reasonable,
and necessary costs of the division. Any fees collected by the division pursuant to
this paragraph (b) shall be transmitted to the state treasurer, who shall credit the
same to the public school construction and inspection cash fund created in section
24-33.5-1207.7, C.R.S.
(II) Any moneys remaining as of December 31, 2009, in the public safety
inspection fund created pursuant to section 8-1-151, C.R.S., from fees collected by
the division of oil and public safety in the department of labor and employment
pursuant to this paragraph (b) as it existed prior to January 1, 2010, shall be
transferred to the public school construction and inspection cash fund created in
section 24-33.5-1207.7, C.R.S.
(c) (Deleted by amendment, L. 2009, (HB 09-1151), ch. 230, p. 1045, � 1,
effective January 1, 2010.)
(d) The inspecting entity shall cooperate with the affected board of
education or the state charter school institute in carrying out the duties of this
section.
(e) If the inspecting entity and the board of education or the state charter
school institute disagree on the interpretation of the codes or standards adopted by
the division, the division shall set a date for a hearing as soon as practicable before
the board of appeals in accordance with section 24-33.5-1213.7, C.R.S., and the
rules adopted by the director of the division pursuant to article 4 of title 24, C.R.S.
(f) The rules authorized by this subsection (2) shall be adopted in accordance
with article 4 of title 24, C.R.S.
(g) School buildings shall be maintained in accordance with the fire code
adopted by the director of the division pursuant to section 24-33.5-1203.5, C.R.S.
(3) (Deleted by amendment, L. 2009, (HB 09-1151), ch. 230, p. 1045, � 1,
effective January 1, 2010.)