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C.R.S. 22-32-124
(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. -4 1, effective January 1, 2010.)
History
Source:
L. 64: p. 590, 125. C.R.S. 1963: § 123-30-25.L. 91: Entire section amended, p. 1064, § 1, effective June 12.L. 84: (1)
R&RE and (2) amended, pp. 599, 600, § § 1, 2, effective April 5.L. 85: (2) amended, p. 338, § 6, effective July I.L. 96:
Entire section amended, p. 499, 1118, effective March 26.L. 98: (2)(b) amended, p. 1331, § 41, effective June I.L. 2000:
(1.5) added, p. 519, § 2, effective August 2.L. 2001: (1), (2), and (3) amended, p. 1138, § 66, effective June 5.L. 2004: (2)
amended, p. 1592, § 28, effective June 3; (1.5) amended, p. 1635, § 39, effective July I.L. 2006: (1), (2), and (3) amended,
P. 1355, § 2, effective July LL. 2007: (2)(a)(W) amended, p. 2031, § 44, effective June I.L. 2009: (2)(a), (2xb), (2)(c),
and (3) amended, p. 1084, § 1, effective August S.L. 2009: (1), (2xa)(1), (2xa)(11), (2)(a)(111), (2)(a)(IV), (2xa)(V), (2)(b),
(2)(c), (2xe), and (3) amended and (2)(g) added, (HB 09-1151)ch. 23U O. 1045. :, effective January 1, 2010.L. 2011:
(2)(a)(J)(A) amended, (SR 11.251). ch. 240, P. 1043. 6 4; effective June 301, 2012: (lxc) amended, (HB 12-128.9), ch 240
p. 1132. 6 41, effective July I.L. 2013: (lxc.5) added, (SB 13-2791ch. 413, o. 2451, �k 3, effective August 7.
AnnofatiOUS
Notes
Cross references: For the legislative declaration in the 2012 act amending subsection (1)(c), see section I of chapter 240,
Session Laws of Colorado 2012. For the legislative declaration in the 2013 act adding subsection (1)(c.5), see section 1 of
chapter 413, Session Laws of Colorado 2013.
Can Notes
ANNOTATION
The authority of the director of the division of labor to inspect school buildings for fire prevention purposes or to issue fire
code enforcement orders to school districts must be implied because it is not expressly granted by this section. W .4ozim.s
Fire r. Adams Cowin- Sch. Disc. 12. 926 P.2d 172 iColo..4np. 1996).
The authority of the director of the division of labor in s 8-140. (2)(d; to "enforce" the provisions of this section is not
exclusive but may also be taken by a fire protection district absent the school district's exercise of authority to contract with
a qualified fire inspector. Ft( Ad,mis Courn Fire c Adams C(;uarr_&:h. 1)ss(. 12. 926 R2d 172 Wolo. App. IWO. ).
COLORADO REVISED STATUTES
Bronwyn Scurlock
92
C.RS. 22-32-124 Page 3 of 4
plans.
(n7 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). CR.S
(V) If the building or structure is in conformity with the building and fire odes 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, an 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
(1) of this paragraph (a) or authorizes building code plan reviews and inspections by an appropriate
building department pursuant to subparagraph (In 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 budding code plan reviews and inspections.
(b)
(1) 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 14-33.5-1207.7. C.RS.
(m Any moneys remaining as of December 31, 2009, in the public safety inspection fund created
pursuant to Lg, uai_ b=l -- i=l. 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, MB 09- if 51) cr- ? O'. i' ; (i4'_S f !, 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. CR.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.
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Page 2 of 4
CR.S. 22-32-124
(11) 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 constranctad 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. GAS. . to perform inspections. The affected board of
education, state charter school institute, or chatter 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.RS., 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 departnu nt has been ptequslified, 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 (1), the third -parry inspector shall attest that inspections we 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 tape 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) pursmmt 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 (1) 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 24-33.5-1213.1 C.R.S., prior to prequslification. An
affected board of education, state charter school institute, or charter school may, at its own discretion, opt
to use a prequalifred 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 depannxnt of a
county, town, city; or city and county and includes a building department within a fire department.
(» 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
Bronwyn Scutiock
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C.R.S.-22-32-124
71is document reflects changes current through all laws passed at the Second Regular Session of the Sixty -Ninth
General Assemblyof the State of Colorado (2014)and changes approved by the electorate at the November 2014
election
Colorado Revised Sk*tft > TITLE 22, EDUCATION > SCHOOL DISTRICTS > ARTICLE 32.
SCHOOL DISTRICT BOARDS - POWERS AND DOW
22-32-124. Building codes - zoning - planning - fees - rules - definitions
(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 shag 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 chant school, or institute charter school
may consult the guidelines adopted by the public school capital construction assistathce board pursuant to
Pei7ion 22-43.7-106 ,2 (u .
(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. 7the 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) (1) (A) This subsection (2) shall apply to building or structure construction. Except as specified in subparagraph
Bronwyn Scurlock
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SHORT RANGE (2019) GEOMETRY Figure 9
—// M. DELICH Global Village Academy, Phase 2 TIS, January 2015
� / r'--ASSOCIATES Page 20
87
peak traffic volume projections that show that the Global Village related traffic will further exacerbate a problem
that existed prior to our development.
Considering that our projected impact is for a one hour in the period in the morning we propose contributing a
proportionate sum toward the City's construction of the right -turn lane. Funds for this project would be held in
escrow until such time as the City completes the construction of the right -turn lane.
On behalf of the children we serve, I'm hoping to learn of your team's response prior to your Friday review.
Sincerely,
Terry Gogerty
Terry Gogerty
Global Village Academy
J�ti�aE
-f% Global Village Academy — Fort
° � Collins
t^ C` Learning through language and culture
a 2130 W. Horsetooth, Fort Collins, CO 80526
www.globalviflageacademy.org
An Lncmal innal Barter School 970-402-6898
February 3, 2015
Ted Shepard
City of Fort Collins
Fort Collins, CO 80522
Dear Ted;
We have received your city staff s recommendation that our plans for Phase Two of Global Village Academy be
approved by the Planning & Zoning Board with a new requirement that we pay for the construction of a right turn
lane at on southbound Taft Hill Road at its intersection with West Horsetooth Road.
We are very disappointed in this eleventh -hour condition and ask that the staff review their recommendation
taking into account the full perspective of our program and our good faith efforts to work with the City.
Here are the primary factors that we believe need serious consideration before the City requires that our school pay
entirely for the right turn lane:
1. Prior to GVA. Phase 1, the right -turn lane did exist It was sometime after GVA, Phase 1 was
opened that the City changed the function of the subject lane. The current function is to have
both through traffic and right -turning traffic in this lane. It was after this change that the
threshold volumes requiring a right -turn lane were exceeded. Some of the existing right -
turning traffic in the morning peak hour and afternoon peak hour is comprised of GVA parents.
2. Global Village Academy - Fort Collins is a public cha rter school that is expanding a previously
approved facility and was not legally bound to repeat the City review process. Nevertheless, as
good community members we have worked with multiple City departments in good faith.
3. Early in the review process there were verbal statements made by members of the City's traffic
engineering staff indicating that a right hand turn lane probably would not be required for this
addition.
4. The cost of this project was not in our budget due to prior City comments and good faith belief
it would not be required. We do not believe it's appropriate to take this amount of money from
children's education.
5. Despite working with the City staff regarding this project since November of last year this
condition did notarise from City staff until this past week,
6. Global Village Academy has made numerous modifications to our landscaping, traffic, and site
plan to accommodate Staff requests; even though the requests extend well beyond the
requirements set by the State for public schools. And most recently Global Village has been
pushed into changing its core facilitycolor scheme - an architectural feature fully approved in
phase one and a part of the Global Village branding. Even on this issue we have capitulated to
the City's request
Despite these factors, which we consider significant, we recognize that parents and buses bringing children to
GVA-FC has increased the morning traffic volume. Traffic engineering reports indicate that it is only the morning
85
2. Staff Position:
The right turn lane is required with existing peak hour volume that is generated by the
Phase Two expansion. The development of Phase Two should address or mitigate the
traffic impacts that are generated by the expansion of Global Village Academy.
The traffic situation with Phase Two is different from the Phase One project submittal.
A year ago, the Phase One project proposed half of the amount of traffic that is being
proposed with Phase Two and the TIS for Phase 1 did not assign any GVA traffic to the
southbound right turn movement at Taft Hill Road and Horsetooth Road. During the site
planning for Phase 1, right-of-way was obtained at this location and the site was
adjusted to accommodate a future right turn lane, which was noted would be built once
warranted by traffic volumes. The Phase One TIS acknowledged that any additional
phases of development on the site would require a review of new traffic impacts
generated by additional development.
One year later with the GVA Phase Two development, the proposal is to now double the
number of students attending the school. The Phase Two TIS indicates the need for
this turn lane. GVA traffic alone meets the threshold for the lane. (See Figure 9, page
20, from the TIS.)
Staff recommends that the Global Village Academy Phase Two Site Development
Plan include the construction of the southbound Taft Hill Road right -turn lane to
westbound Horsetooth Road.
3. State Statute C.R.S. 22-32-124'
This state statute governs public charter schools. The Charter School must present a
site plan for review and comment to the Planning and Zoning Board. Note that if the
Planning and Zoning Board is not satisfied with the response from the applicant, then
the Board may request a public a hearing with the Board of Education.
The state statute is attached. The section, in part, states:
"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."
Attachments:
1. Letter from Global Village Academy
2. Figure 9 from T.I.S.
3. C.R.S. 22-32-124
-2-
84
Planning, Development & Transportation Services
City of
Fort
Community Development & Neighborhood Services
281 North College Avenue
Collins
P.O. Boa 580
Fort Collins, CO 80522.0580
970.416.2740
970.224.6134- fax
fcgov.com
MEMORANDUM
TO: Planning and Zoning Board
THROUGH: Laurie Kadrich, C.D.N.S. Director
Cameron Gloss, Planning Manager
FROM: Ted Shepard, Chief Planner
DATE: February 6, 2015
RE: Global Village Academy, Public Charter School, Phase Two, Site
Plan Advisory Review, SPA150001
There is an issue with the timing, financing and responsibility for constructing the
southbound Taft Hill Road right -turn lane at Horsetooth Road that was not resolved at
the time the Board's packet was finalized. The purpose of this memo is to summarize
the issue, explain staffs position and provide the relevant state statute.
1. The issue:
The Transportation Impact Study indicates that in the short range (2019), given the full
development of Global Village Academy and in increase in background traffic, a
southbound right turn lane on Taft Hill Road at Horsetooth Road is warranted. Further,
the T.I.S. states:
"There is minimal change in the level of service with the added right -turn lane at
the Taft HilUHorsetooth intersection..."
'As mentioned earlier, when existing volumes warrant the subject right -turn
lanes, but the intersections operate acceptably without those lanes, they are
typically not constructed. It is recommended that the right-tum lanes not be built
at this time."
City staff disagrees with the assessment that the southbound Taft Hill right -turn lane not
be built at this time based on the projected number of right turns during the morning
peak.
A letter from Global Village Academy is attached.
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