As used in this article 10, unless the context
otherwise requires:
(1) Controlled agricultural burn means a technique used in farming to clear
the land of any existing crop residue, kill weeds and weed seeds, or to reduce fuel
buildup and decrease the likelihood of a future fire.
(1.3) Dangerous condition means either a physical condition of a facility or
the use thereof that constitutes an unreasonable risk to the health or safety of the
public, which is known to exist or which in the exercise of reasonable care should
have been known to exist and which condition is proximately caused by the
negligent act or omission of the public entity or public employee in constructing or
maintaining such facility. For the purposes of this subsection (1.3), a dangerous
condition should have been known to exist if it is established that the condition had
existed for such a period and was of such a nature that, in the exercise of
reasonable care, such condition and its dangerous character should have been
discovered. A dangerous condition shall not exist solely because the design of any
facility is inadequate. The mere existence of wind, water, snow, ice, or temperature
shall not, by itself, constitute a dangerous condition.
(1.5) Health-care practitioner means a physician, dentist, clinical
psychologist, or any other person acting at the direction or under the supervision or
control of any such persons.
(2) Injury means death, injury to a person, damage to or loss of property, of
whatsoever kind, which, if inflicted by a private person, would lie in tort or could lie
in tort regardless of whether that may be the type of action or the form of relief
chosen by a claimant.
(2.5) Maintenance means the act or omission of a public entity or public
employee in keeping a facility in the same general state of repair or efficiency as
initially constructed or in preserving a facility from decline or failure. Maintenance
does not include any duty to upgrade, modernize, modify, or improve the design or
construction of a facility.
(2.7) Motor vehicle means a motor vehicle as defined in section 42-1-102,
C.R.S., and a light rail car or engine owned or leased by a public entity.
(3) (a) Operation means the act or omission of a public entity or public
employee in the exercise and performance of the powers, duties, and functions
vested in them by law with respect to the purposes of any public hospital, jail, or
public water, gas, sanitation, power, or swimming facility. Operation does not
include any duty to upgrade, modernize, modify, or improve the design or
construction of a facility.
(b) The term operation shall not be construed to include:
(I) A failure to exercise or perform any powers, duties, or functions not
vested by law in a public entity or employee with respect to the purposes of any
public facility set forth in paragraph (a) of this subsection (3);
(II) A negligent or inadequate inspection or a failure to make an inspection of
any property, except property owned or leased by the public entity, to determine
whether such property constitutes a hazard to the health or safety of the public.
(3.5) Prescribed fire means the application of fire in accordance with a
written prescription for vegetative fuels and excludes a controlled agricultural
burn.
(4) (a) Public employee means an officer, employee, servant, or authorized
volunteer of the public entity, whether or not compensated, elected, or appointed,
but does not include an independent contractor or any person who is sentenced to
participate in any type of useful public service. For the purposes of this subsection
(4), authorized volunteer means a person who performs an act for the benefit of a
public entity at the request of and subject to the control of such public entity and
includes a qualified volunteer as defined in section 24-33.5-802 (9).
(b) Public employee includes any of the following:
(I) Any health-care practitioner employed by a public entity, except for any
health-care practitioner who is employed on less than a full-time basis by a public
entity and who additionally has an independent or other health-care practice. Any
such person employed on less than a full-time basis by a county or a district public
health agency and who additionally has an independent or other health-care
practice shall maintain the status of a public employee only when such person
engages in activities at or for the county or the district public health agency that
are within the course and scope of such person's responsibilities as an employee of
the county or the district public health agency. For purposes of this subparagraph
(I), work performed as an employee of another public entity or of an entity of the
United States government shall not be considered to be an independent or other
health-care practice.
(II) Any health-care practitioner employed part-time by and holding a clinical
faculty appointment at a public entity as to any injury caused by a health-care
practitioner-in-training under such health-care practitioner's supervision. Any such
person shall maintain the status of a public employee when such person engages in
supervisory and educational activities over a health-care practitioner-in-training at
a nonpublic entity if said activities are within the course and scope of such person's
responsibilities as an employee of a public entity.
(III) Any health-care practitioner-in-training who is duly enrolled and
matriculated in an educational program of a public entity and who is working at
either a public entity or a nonpublic entity. Any such person shall maintain the
status of a public employee when such person engages in professional or
educational activities at a nonpublic entity if said activities are within the course
and scope of such person's responsibilities as a student or employee of a public
entity.
(IV) Any health-care practitioner who is a nurse licensed under part 1 of
article 255 of title 12 employed by a public entity. Any such person shall maintain
the status of a public employee only when such person engages in activities at or
for the public entity that are within the course and scope of such person's
responsibilities as an employee of the public entity.
(V) Any health-care practitioner who volunteers services at or on behalf of a
public entity, or who volunteers services as a participant in the community
maternity services program;
(VI) Any release hearing officer utilized by the department of corrections and
the state board of parole pursuant to section 17-2-217 (1), C.R.S. A release hearing
officer shall maintain the status of a public employee only when the release hearing
officer engages in activities that are within the course and scope of his or her
responsibilities as a release hearing officer.
(VII) Any administrative hearing officer utilized by the department of
corrections and the state board of parole pursuant to section 17-2-201 (3)(h)(I). An
administrative hearing officer shall maintain the status of a public employee only
when the administrative hearing officer engages in activities that are within the
course and scope of his or her responsibilities as an administrative hearing officer.
(c) Except for persons identified in subsections (4)(b)(II), (4)(b)(III), and
(4)(b)(V) of this section, public employee shall not include any health-care
practitioner or any health-care professional as defined in section 13-64-202 (4) who
is employed by the university of Colorado hospital authority unless the practitioner
or professional is providing services within the course and scope of the person's
responsibilities as an employee or volunteer of the university of Colorado hospital
authority in a facility that is either located on the Anschutz medical campus or that
is operating under the hospital license issued to the university hospital pursuant to
part 1 of article 3 of title 25, including off-campus locations. The Health Care
Availability Act, article 64 of title 13, is applicable to health-care practitioners and
health-care professionals employed by the university of Colorado hospital authority
that are not immune from liability under section 24-10-118 because of the definition
of public employee specified in this subsection (4)(c).
(5) Public entity means the state, the judicial department of the state, any
county, city and county, municipality, school district, special improvement district,
and every other kind of district, agency, instrumentality, or political subdivision
thereof organized pursuant to law and any separate entity created by
intergovernmental contract or cooperation only between or among the state,
county, city and county, municipality, school district, special improvement district,
and every other kind of district, agency, instrumentality, or political subdivision
thereof.
(5.5) Public sanitation facility means structures and related apparatus
used in the collection, treatment, or disposition of sewage or industrial wastes of a
liquid nature that is operated and maintained by a public entity. Public sanitation
facility does not include: A public water facility; a natural watercourse even if
dammed, channelized, or containing storm water runoff, discharge from a storm
sewer, or discharge from a sewage treatment plant outfall; a drainage, borrow, or
irrigation ditch even if the ditch contains storm water runoff or discharge from
storm sewers; a curb and gutter system; or other drainage, flood control, and storm
water facilities.
(5.7) Public water facility means structures and related apparatus used in
the collection, treatment, or distribution of water for domestic and other legal uses
that is operated and maintained by a public entity. Public water facility does not
include: A public sanitation facility; a natural watercourse even if dammed,
channelized, or used for transporting domestic water supplies; a drainage, borrow,
or irrigation ditch even if dammed, channelized, or containing storm water runoff or
discharge; or a curb and gutter system.
(6) Sidewalk means that portion of a public roadway between the curb
lines or the lateral lines of the traveled portion and the adjacent property lines
which is constructed, designed, maintained, and intended for the use of
pedestrians.
(7) State means the government of the state; every executive department,
board, commission, committee, bureau, and office; and every state institution of
higher education, whether established by the state constitution or by law, and every
governing board thereof. State does not include the judicial department, a county,
municipality, city and county, school district, special district, or any other kind of
district, instrumentality, political subdivision, or public corporation organized
pursuant to law.