8 CCR 1507-57, art. 10 - CERTIFICATE OF COMPLIANCE

10.1 Effective July 1, 2019 a Business Entity shall not seek an initial license or to renew a license to provide Limited Gaming services without a valid Certificate of Compliance that has been Approved by the Division. If no renewal of the Certificate of Compliance is issued, the building shall be vacated upon expiration of the Certificate of Compliance.
10.2 All Certificates of Compliance will be issued based on the codes in effect during the most recent inspection of the facility. No Certificate of Compliance will be issued until compliance with the applicable codes and standards has been demonstrated through record review of local Authority Having Jurisdiction documents of inspection and certification, Division inspection and certification, or other appropriate documentation, showing the building to be in conformance with applicable codes and standards applicable at the time of issuance.
10.2.1 The Business Entity shall submit annually the documents specified in 10.2 to the Division along with a Certificate of Compliance application signed by the local fire and building authorities having jurisdiction asserting that the facility is in compliance with applicable codes and standards for fire and life safety.
10.2.2 Upon receipt of a complete application package for the Certificate of Compliance (as specified in 10.2.1), DFPC shall have 5 working days to take action on the Certificate of Compliance application. If no action is taken within 5 working days, the Certificate of Compliance shall be deemed as approved. Upon review of complete application package the Division shall take one of Three actions:
10.2.2.1 APPROVE- If, upon review, the Division believes that the Facility is in substantial compliance with applicable fire and life safety codes and standards the Division will Approve the Certificate of Compliance and provide the Certificate of Compliance to the Business Entity to be submitted with their next limited gaming license application.
10.2.2.2 REQUEST FOR CLARIFICATION- If, upon review, the Division believes that the application for a Certificate of Compliance is incomplete or the Division needs additional information in order to Approve an application for a Certificate of Compliance the Division may request additional information or request clarification of an issue. A request for clarification shall be considered as the Division having taken action and stop the five working day limit to take action on an application for a Certificate of Compliance.
10.2.2.3 REJECT- If, upon review, the Division believes the application for a Certificate of Compliance demonstrates that the Facility is not in compliance these rules as well as applicable fire and life safety codes and standards, the Division may Reject the application for a Certificate of Compliance. A copy of the Rejection notice will be provided to the Business Entity, the Colorado Gaming Commission, and applicable local Fire and Building Officials who regulate the areas found deficient.
10.3 If, in the opinion of the Division a facility is found to have violated these rules and applicable fire and life safety codes and standards the Division will issue an enforcement order subject to Article 12 of these rules to the Business entity. During the period that the enforcement order is unresolved the Certificate of Compliance shall be considered as suspended and the Division will issue a new Certificate of Compliance upon resolution of the enforcement order.

Notes

8 CCR 1507-57, art. 10
42 CR 05, March 10, 2019, effective 3/30/2019

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