§ 24-33.5-1213.7 — Board of appeals

Colorado § 24-33.5-1213.7

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Public Safety

Text

(1) (a) There is hereby created in the
division a board of appeals, referred to in this section as the board of appeals. The
board of appeals shall consist of seven members appointed by the executive
director.

(b) The members of the board of appeals shall be persons who are qualified
by experience and training to pass upon matters pertaining to building construction
and shall include one representative nominated by each of the Colorado association
of school boards, the Colorado association of school executives, the Colorado
chapter of the international code council, the fire marshal's association of Colorado,
the Colorado state fire chiefs' association, the rocky mountain chapter of the
council for educational facilities planners international, and Colorado counties,
incorporated, or from a successor to any of these organizations representing
comparable interests.

(c) The members of the board of appeals shall serve at the pleasure of the
executive director. For the initial board, the executive director shall appoint one
member for a one-year term, two members for two-year terms, and three members
for three-year terms. Subsequent appointments shall be for three-year terms;
except that an appointment to fill a vacancy on the board shall be for the remainder
of the predecessor's term.

(d) The members of the board of appeals shall not be compensated for their
service on the board and shall not be reimbursed for expenses.

(e) The board of appeals shall adopt reasonable procedures for conducting
its deliberations.

(2) A board of education, the state charter school institute, a charter school,
or a local district college board of trustees may appeal to the board of appeals a
final written decision of an entity that conducts a plan review or inspection
pursuant to section 22-32-124 or 23-71-122 (1)(v), C.R.S. The appeal shall be filed
with the division within thirty days after the date of the decision. The division shall
specify the form on which an appeal shall be made and shall provide the form to a
board of education, a charter school, the state charter school institute, or a local
district college board of trustees upon request.

(3) Upon receipt of an appeal, the division shall notify the chair of the board
of appeals and schedule a hearing no more than fifteen days after the date on
which the appeal was filed.

(4) The board of appeals may review a final written decision by an inspecting
entity that is based on the provisions of the codes or standards adopted by the
director of the division. The board shall not waive any requirement of the codes or
standards. The board may recommend alternative materials as provided in the
codes or standards. The final written decision of the board is final agency action for
purposes of section 24-4-106.

(5) In addition to hearing appeals as provided in this section, the board of
appeals shall advise the director in promulgating rules and enacting standards for
the public school construction and inspection program.

(6) This section only applies to matters related to school reviews and
inspections.

Legislative History

Source: L. 2009: Entire section added, (HB 09-1151), ch. 230, p. 1058, � 11, effective January 1, 2010. L. 2012: (6) added, (HB 12-1268), ch. 234, p. 1033, � 13, effective July 1, 2013.