8 CCR 1507-30, art. 1 - Purpose and Authority to Promulgate Rules

1.1 Purpose:

1.1.1 These rules establish uniform standards and minimum requirements for the construction, inspection, and maintenance of public school buildings and structures.

1.1.2 The purpose of these rules is to ensure that public school buildings or structures are constructed and inspected in compliance with Sections 22-32-124, 23-71-122, C.R.S, adopted codes, and applicable rules.

1.2 Technical Rationale

1.2.1 The technical requirements of these rules are supported primarily by codes developed by the International Code Council, a membership association dedicated to building safety and fire prevention. These rules establish minimum requirements for building systems using prescriptive and performance related provisions, which are widely used to construct residential and commercial buildings, including homes and schools.

1.3 Statutory Authority

1.3.1 Sections 22-32-124, 23-71-122, and 24-33.5-1203, C.R.S. establish the authority and duty of the Division to conduct or oversee the necessary plan reviews, issue building permits, and cause the necessary inspections to be performed as required by the adopted codes for buildings and structures of public schools, institute charter schools, charter schools, and junior colleges.

1.3.2 Section 24-33.5-1213.5, C.R.S. establishes the authority and duty of the Division to certify persons to conduct Building Code plan reviews and inspections for buildings and structures of public schools, institute charter schools, charter schools, and junior colleges. Such persons are reviewed and certified as part of the Prequalified Building Department process, or through third-party building inspector certification.

1.3.3 Section 24-33.5-1211 C.R.S. establishes the authority and duty of the Division to certify persons to conduct Fire Code plan reviews and inspections for buildings and structures of public schools, institute charter schools, charter schools, and junior colleges.

1.3.4 Sections 22-32-124 and 23-71-122, C.R.S. establish the authority of the local fire department or the Division to inspect buildings and structures of a Board when deemed necessary to assure that they are maintained in accordance with the adopted Codes.

1.3.5 The Director of the Division is authorized by the provisions of section 24-33.5-1203.5, C.R.S., to promulgate rules in order to carry out the duties of the Division. This rule is adopted pursuant to the authority in section 24-33.5-1203.5, C.R.S. and is intended to be consistent with the requirements of the State Administrative Procedures Act, section 24-4-101, et seq. (the "APA"), C.R.S.

1.3.6 The Director of the Division is authorized to establish fees and charges necessary to defray the anticipated costs of the program.

Notes

8 CCR 1507-30, art. 1

37 CR 21, November 10,2014, effective 11/30/2014 42 CR 05, March 10, 2019, effective 3/30/2019 43 CR 02, January 25, 2020, effective 2/14/2020 43 CR 14, July 25, 2020, effective 8/14/2020