Colorado Home Inspector Licensing Law
Colorado Code · 19 sections
The following is the full text of Colorado’s home inspector licensing law statutes as published in the Colorado Code. For the official version, see the Colorado Legislature.
C.R.S. § 10-11-102
10-11-102. Definitions. As used in this article 11, unless the context otherwise requires:
(1) Affiliate or subsidiary means a person who directly or indirectly,
through one or more intermediaries:
(a) Controls a title insurance agent or title insurance company;
(b) Is controlled by a title insurance company; or
(c) Is under common control with a title insurance agent or title insurance
company.
(1.3) Affiliated business arrangement means an arrangement in which:
(a) (I) A settlement producer or an associate of such producer has either an
affiliate relationship with, or a direct beneficial ownership interest of more than one percent in, a title insurance company or title insurance agent; or
(II) A title insurance company or a title insurance agent who has either an
affiliate relationship with, or a direct beneficial ownership interest of more than one percent in a settlement producer; and
(b) (I) Either the settlement producer or the agent of the settlement producer
directly or indirectly refers settlement service business to that title insurance company or title insurance agent or affirmatively influences the selection of that title insurance company or title insurance agent; or
(II) Either the title insurance company or the title insurance agent directly or
indirectly refers settlement services business to a settlement producer or associate or affirmatively influences the selection of the settlement producer or associate.
(1.5) Alien title insurance company means a title insurance company
incorporated or organized under the laws of a foreign nation, or of any province or territory thereof, not included under the definition of a foreign title insurance company.
(2) Applicants for insurance includes all those, whether or not a
prospective insured, who from time to time apply to a title insurance company, or to its agent, for title insurance and who at the time of such application are not agents for a title insurance company.
(2.5) Associate means a person who has one or more of the following
relationships with a person in a position to refer settlement service business:
(a) A spouse, parent, or child of such person;
(b) A corporation or business entity that controls, is controlled by, or is under
common control with such person;
(c) An employer, officer, director, partner, franchiser, or franchisee of such
person; or
(d) Anyone who has an agreement, arrangement, or understanding with such
person, the purpose or substantial effect of which is to enable the person in a position to refer settlement service business to benefit financially from referrals of such business.
(3) The business of title insurance means the making or proposing to make,
as insurer, guarantor, or surety, of any contract or policy of title insurance; or the transacting or proposing to transact, as insurer, guarantor, or surety, any phase of title insurance, including solicitation, negotiation preliminary to execution, execution of a contract of title insurance, and transacting matters subsequent to the execution of the contract and arising out of it, including reinsurance, and the performance of closing and settlement services by a title insurance company or title insurance agent in conjunction with the issuance of any contract or policy of title insurance.
(3.5) Closing and settlement services means providing services for the
benefit of all necessary parties in connection with the sale, leasing, encumbering, mortgaging, creating a secured interest in and to real property, and the receipt and disbursement of money in connection with any sale, lease, encumbrance, mortgage, or deed of trust.
(3.6) Repealed.
(3.7) Gap coverage means insuring, guaranteeing, or indemnifying owners
of real property, or others interested therein, against loss or damage suffered by reason of matters appearing of record in the office of the clerk and recorder subsequent to the date of issuance of a title insurance commitment and prior to the recording of closing documents for the real property concerned.
(3.9) Net admitted assets means the title insurance company's net
admitted assets as reported pursuant to section 10-3-208.
(4) Net retained liability means the total liability retained by a title
insurance company under any policy or contract of insurance, or under a single insurance risk as defined in or computed in accordance with subsection (7) of this section, after the purchase of reinsurance.
(5) Premium for title insurance is the amount charged by a title insurance
company, agent for a title insurance company, or either of them to an insured or an applicant for insurance for the assumption by the title insurance company of the risk created by the issuance of the title insurance policy, including the cost of doing business and a reasonable profit, but excluding service charge, if any.
(6) Service charge is the amount charged by a title insurance company,
agent for a title insurance company, or either of them to an insured or an applicant for insurance to cover the cost of procuring and examining evidence of title.
(6.5) (a) Settlement producer means a person who is in a position to refer
business that is incident to or a part of a settlement service. Settlement producer includes, but is not limited to, a person who:
(I) Buys or sells an interest in real property;
(II) Lends or borrows moneys with an interest in real property as security;
(III) Acts as an agent, representative, attorney, or employee of a person who:
(A) Buys or sells an interest in real property; or
(B) Lends or borrows moneys with an interest in real estate as security;
(IV) Is an associate of a person described in this subsection (6.5).
(b) Nothing in this subsection (6.5) shall be construed to include a title
insurance company or a title insurance agent.
(6.7) Settlement service means any service provided in connection with a
real estate settlement. Settlement services include, but are not limited to, the following:
(a) Title searches;
(b) Title examinations;
(c) The provision of title certificates;
(d) Title insurance;
(e) Services rendered by an attorney;
(f) The preparation of title documents;
(g) Property surveys;
(h) The rendering of credit reports or appraisals;
(i) Pest and fungus inspections;
(j) Services rendered by a real estate broker;
(k) Services rendered by a real estate appraiser;
(l) Home inspection services;
(m) The origination of a loan;
(n) The taking of a loan application;
(o) Processing of a loan;
(p) Underwriting and funding of a loan;
(q) Escrow handling services;
(r) The handling of the processing; and
(s) Closing of settlement.
(7) Single insurance risk means the insured amount of any policy or
contract of title insurance issued by a title insurance company unless two or more policies or contracts are simultaneously issued on different estates in identical real property, in which event, it means the sum of the insured amounts of all such policies or contracts. Any such policy or contract that insures a mortgage interest that is excepted in a fee or leasehold policy or contract, and which does not exceed the insured amount of such fee or leasehold policy or contract, shall be excluded in computing the amount of a single insurance risk.
(8) Title insurance means insuring, guaranteeing, or indemnifying owners
of real property or others interested therein against loss or damage suffered by reason of liens or encumbrances upon, defects in, or the unmarketability of the title to said property.
(8.5) Title insurance agency means a corporation, partnership, foreign
entity, or domestic entity as those terms are defined in section 7-90-102, or association or other legal entity that transacts the business of title insurance.
(9) Title insurance agent means a person authorized by a title insurance
company to solicit insurance or to collect premiums or to issue or countersign policies in its behalf.
(10) Title insurance company means any domestic company organized
under the provisions of this article for the purpose of insuring titles to real property; any title insurance company organized under the laws of another state or foreign nation and licensed to insure titles to real estate within this state; and any domestic, foreign, or alien company having the power and authorized to insure titles to real estate within this state on or before July 1, 1969, and which meets the requirements of this article.
(11) Title insurance entity means a title insurance agent, title insurance
agency, or title insurance company.
Source: L. 69: p. 520, � 1. C.R.S. 1963: � 72-26-2. L. 87: (3) amended and (3.5)
and (3.7) added, p. 446, � 1, effective April 30. L. 2006: (1) amended and (1.5), (2.5), (6.5), and (6.7) added, p. 264, � 1, effective July 1. L. 2015: (1.3), (3.6), and (3.9) added, (SB 15-210), ch. 292, p.1190, � 1, effective August 5. L. 2018: IP amended and (8.5) and (11) added, (SB 18-125), ch. 73, p. 640, � 1, effective March 29. L. 2025: (3.6) repealed, (SB 25-277), ch. 244, p. 1235, � 4, effective August 6.
Editor's note: (1) Subsection (1) was originally numbered as subsection (1.3)
in Senate Bill 15-210 but has been renumbered on revision for ease of location.
(2) Subsection (8.5) was numbered as subsection (9.5) in Senate Bill 18-125
but has been renumbered on revision for ease of location.
C.R.S. § 10-4-1807
10-4-1807. Plan of operation - mandatory components - amendments - revocation by commissioner - rules. (1) On or before July 1, 2024, the board shall establish and submit to the commissioner a plan of operation for the FAIR plan, which plan of operation satisfies this part 18. The plan of operation and any amendments to the plan of operation become effective upon written approval by the commissioner.
(2) With regard to the FAIR plan, the plan of operation must provide for:
(a) The lines of insurance coverages to be written;
(b) Coverage limits not to exceed seven hundred fifty thousand dollars for
property and five million dollars for commercial property owners;
(c) The policy forms to be used;
(d) The perils to be covered;
(e) The establishment of reasonable underwriting standards to determine
the eligibility of a risk, including mitigation requirements and property inspections;
(f) The compensation and commissions to be paid to licensed producers
offering the FAIR plan;
(g) The time frames for fees to be collected from member insurers;
(h) Assessments against member insurers in the proportion that the
premiums received on property and commercial property insurance lines in this state by each assessed member insurer for the three most recent calendar years for which information is available bears to premiums received on property and commercial property insurance lines in this state for such calendar years by all assessed member insurers;
(i) The administration of the plan of operation by the board, including any
servicing agreements the board may enter into to support the operations of the FAIR plan association; and
(j) Any other matter necessary or convenient for the purpose of assuring fair
access to a FAIR plan.
(3) If the board fails to submit a suitable plan of operation that satisfies this
part 18 by July 1, 2024, or fails to timely submit suitable amendments to the plan, the commissioner shall, after notice and hearing, adopt reasonable rules that are necessary to effectuate the provisions of this part 18. If the board subsequently submits a suitable plan of operation or suitable amendments, the commissioner shall promulgate rules allowing the plan of operation or amendments to supersede the former rules.
(4) (a) If the commissioner determines that an approved plan of operation is
insufficient to satisfy the requirements of this part 18, the commissioner shall provide at least thirty days' notice to the board of the commissioner's intent to revoke approval of all or part of the plan of operation. Within thirty days after the commissioner's notice of intent to revoke all or part of the plan of operation, the board may submit a revised plan of operation or revised part of the plan of operation for the commissioner's review and approval.
(b) If the board fails to submit a revised plan of operation within thirty days
after the notice provided pursuant to subsection (4)(a) of this section, the commissioner may make specific changes to the existing plan of operation so that the plan satisfies the requirements of this part 18. The commissioner's changes to the plan of operation do not affect the validity of any policies executed before the date of the change.
(c) If the board subsequently submits a suitable plan of operation to satisfy
the requirements of this part 18, that plan of operation or amendments supersedes the commissioner's changes.
Source: L. 2023: Entire part added, (HB 23-1288), ch. 170, p. 834, � 1,
effective August 7. L. 2025: (4)(a) amended, (SB 25-300), ch. 428, p. 2440, � 9, effective August 6.
C.R.S. § 12-10-218
12-10-218. Affiliated business arrangements - definitions - disclosures - enforcement and penalties - reporting - rules - investigation information shared with the division of insurance. (1) As used in this section, unless the context otherwise requires:
(a) Affiliated business arrangement means an arrangement in which:
(I) A provider of settlement services or an associate of a provider of
settlement services has either an affiliate relationship with or a direct beneficial ownership interest of more than one percent in another provider of settlement services; and
(II) A provider of settlement services or the associate of a provider directly or
indirectly refers settlement service business to another provider of settlement services or affirmatively influences the selection of another provider of settlement services.
(b) Associate means a person who has one or more of the following
relationships with a person in a position to refer settlement service business:
(I) A spouse, parent, or child of the person;
(II) A corporation or business entity that controls, is controlled by, or is under
common control with the person;
(III) An employer, officer, director, partner, franchiser, or franchisee of the
person, including a broker acting as an independent contractor; or
(IV) Anyone who has an agreement, arrangement, or understanding with the
person, the purpose or substantial effect of which is to enable the person in a position to refer settlement service business to benefit financially from referrals of the business.
(c) Settlement service means any service provided in connection with a
real estate settlement including, but not limited to, the following:
(I) Title searches;
(II) Title examinations;
(III) The provision of title certificates;
(IV) Title insurance;
(V) Services rendered by an attorney;
(VI) The preparation of title documents;
(VII) Property surveys;
(VIII) The rendering of credit reports or appraisals;
(IX) Real estate appraisal services;
(X) Home inspection services;
(XI) Services rendered by a real estate broker;
(XII) Pest and fungus inspections;
(XIII) The origination of a loan;
(XIV) The taking of a loan application;
(XV) The processing of a loan;
(XVI) Underwriting and funding of a loan;
(XVII) Escrow handling services;
(XVIII) The handling of the processing; and
(XIX) Closing of settlement.
(2) (a) An affiliated business arrangement is permitted where the person
referring business to the affiliated business arrangement receives payment only in the form of a return on an investment and where it does not violate the provisions of section 12-10-217.
(b) If a licensee or the employing broker of a licensee is part of an affiliated
business arrangement when an offer to purchase real property is fully executed, the licensee shall disclose to all parties to the real estate transaction the existence of the arrangement. The disclosure shall be written, shall be signed by all parties to the real estate transaction, and shall comply with the federal Real Estate Settlement Procedures Act of 1974, as amended, 12 U.S.C. sec. 2601 et seq.
(c) A licensee shall not require the use of an affiliated business arrangement
or a particular provider of settlement services as a condition of obtaining services from that licensee for any settlement service. For the purposes of this subsection (2)(c), require the use shall have the same meaning as required use in 24 CFR 3500.2 (b).
(d) No licensee shall give or accept any fee, kickback, or other thing of value
pursuant to any agreement or understanding, oral or otherwise, that business incident to or part of a settlement service involving an affiliated business arrangement shall be referred to any provider of settlement services.
(e) Nothing in this section shall be construed to prohibit payment of a fee to:
(I) An attorney for services actually rendered;
(II) A title insurance company to its duly appointed agent for services
actually performed in the issuance of a policy of title insurance;
(III) A lender to its duly appointed agent for services actually performed in
the making of a loan.
(f) Nothing in this section shall be construed to prohibit payment to any
person of:
(I) A bona fide salary or compensation or other payment for goods or
facilities actually furnished or for services actually performed;
(II) A fee pursuant to cooperative brokerage and referral arrangements or
agreements between real estate brokers.
(g) It shall not be a violation of this section for an affiliated business
arrangement:
(I) To require a buyer, borrower, or seller to pay for the services of any
attorney, credit reporting agency, or real estate appraiser chosen by the lender to represent the lender's interest in a real estate transaction; or
(II) If an attorney or law firm represents a client in a real estate transaction
and issues or arranges for the issuance of a policy of title insurance in the transaction directly as agent or through a separate corporate title insurance agency that may be established by that attorney or law firm and operated as an adjunct to his or her law practice.
(h) No person shall be liable for a violation of this section if the person
proves by a preponderance of the evidence that the violation was not intentional and resulted from a bona fide error notwithstanding maintenance of procedures that are reasonably adopted to avoid the error.
(3) On and after July 1, 2006, a licensee shall disclose at the time the
licensee enters into or changes an affiliated business arrangement, in a form and manner acceptable to the commission, the names of all affiliated business arrangements to which the licensee is a party. The disclosure shall include the physical locations of the affiliated businesses.
(4) On and after July 1, 2006, an employing broker, in a form and manner
acceptable to the commission, shall at least annually disclose the names of all affiliated business arrangements to which the employing broker is a party. The disclosure shall include the physical locations of the affiliated businesses.
(5) The commission may promulgate rules concerning the creation and
conduct of an affiliated business arrangement, including, but not limited to, rules defining what constitutes a sham affiliated business arrangement. The commission shall adopt the rules, policies, or guidelines issued by the United States department of housing and urban development concerning the federal Real Estate Settlement Procedures Act of 1974, as amended, 12 U.S.C. sec. 2601 et seq. Rules adopted by the commission shall be at least as stringent as the federal rules and shall ensure that consumers are adequately informed about affiliated business arrangements. The commission shall consult with the insurance commissioner pursuant to section 10-11-124 (2), concerning rules, policies, or guidelines the insurance commissioner adopts concerning affiliated business arrangements. Neither the rules promulgated by the insurance commissioner nor the commission may create a conflicting regulatory burden on an affiliated business arrangement.
(6) The division of real estate may share information gathered during an
investigation of an affiliated business arrangement with the division of insurance.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
636, � 1, effective October 1.
Editor's note: This section is similar to former � 12-61-113.2 as it existed prior
to 2019.
C.R.S. § 12-155-112
12-155-112. License and registration renewal - term of license - renewal - fees - reinstatement - continuing education - rules. (1) (a) Beginning with the plumbing license cycle that begins on March 1, 2027, and each subsequent license cycle thereafter, the board shall issue and renew plumbing licenses for a period of three years unless otherwise determined by the director.
(b) Except as provided in subsection (1)(a) of this section, all license and
registration renewal and renewal fees shall be in accordance with sections 12-20-105 and 12-20-202 (1).
(2) (a) Licenses and registrations issued pursuant to this article 155 are
subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). Any person whose license or registration has expired is subject to the penalties provided in this article 155 or section 12-20-202 (1).
(b) This subsection (2)(b) does not apply to water conditioning installers and
water conditioning principals. To reinstate a license or registration that has been expired for two or more years, a person must demonstrate competency by:
(I) Providing verification of a license in good standing from another state and
proof of active practice in that state for the year previous to the date of receipt of the reinstatement application;
(II) Satisfactorily passing the state plumbing examination in accordance with
section 12-155-110; or
(III) Any other means approved by the board.
(c) To reinstate a license or registration that has been expired for less than
two years, a person must comply with subsection (3)(a) of this section; except that this subsection (2)(c) does not apply to water conditioning installers and water conditioning principals.
(3) (a) On or after May 1, 2021, the board shall not renew or reinstate a
license unless the applicant has completed eight hours of continuing education for every twelve months that have passed after the later of the last date of renewal or reinstatement. This subsection (3)(a) does not apply to the first renewal or reinstatement of a license for which, as a condition of issuance, the applicant successfully completed a licensing examination pursuant to section 12-155-110.
(b) On or before July 1, 2020, the board, in collaboration with established
industry training programs and industry representatives, shall adopt rules establishing continuing education requirements and standards. The requirements and standards must include course work related to the code, including core competencies, as determined by the board. The board may count a licensed plumber's enrollment in a course designed to help the plumber attain nationally recognized plumbing and building inspection certifications towards the plumber's continuing education requirements. A renewal or reinstatement license applicant must furnish, or cause to be furnished, to the board, in a form and manner determined by the board, documentation demonstrating compliance with this subsection (3) and rules promulgated to implement this subsection (3).
(c) To ensure consumer protection, the board's rules may include audit
standards for licensee compliance with continuing education requirements and requirements pertaining to the testing of licensees by the continuing education vendor.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
997, � 1, effective October 1; (2) amended and (3) added, (HB 19-1086), ch. 109, p. 403, � 3, effective January 1, 2020. L. 2024: (1) amended, (HB 24-1344), ch. 343, p. 2324, � 13, effective July 1.
Editor's note: This section is similar to former � 12-58-108 as it existed prior
to 2019.
C.R.S. § 13-20-802.5
13-20-802.5. Definitions. As used in this part 8, unless the context otherwise requires:
(1) Action means a civil action or an arbitration proceeding for damages,
indemnity, or contribution brought against a construction professional to assert a claim, counterclaim, cross-claim, or third party claim for damages or loss to, or the loss of use of, real or personal property or personal injury caused by a defect in the design or construction of an improvement to real property.
(2) Actual damages means the fair market value of the real property
without the alleged construction defect, the replacement cost of the real property, or the reasonable cost to repair the alleged construction defect, whichever is less, together with relocation costs, and, with respect to residential property, other direct economic costs related to loss of use, if any, interest as provided by law, and such costs of suit and reasonable attorney fees as may be awardable pursuant to contract or applicable law. Actual damages as to personal injury means those damages recoverable by law, except as limited by the provisions of section 13-20-806 (4).
(3) Claimant means a person other than the attorney general or the district
attorneys of the several judicial districts of the state who asserts a claim against a construction professional that alleges a defect in the construction of an improvement to real property.
(4) Construction professional means an architect, contractor,
subcontractor, developer, builder, builder vendor, engineer, or inspector performing or furnishing the design, supervision, inspection, construction, or observation of the construction of any improvement to real property. If the improvement to real property is to a commercial property, the term construction professional shall also include any prior owner of the commercial property, other than the claimant, at the time the work was performed. As used in this subsection (4), commercial property means property that is zoned to permit commercial, industrial, or office types of use.
(4.5) Multifamily construction incentive program or program means the
program created in section 13-20-803.3 (1).
(5) Notice of claim means a written notice sent by a claimant to the last-known address of a construction professional against whom the claimant asserts a
construction defect claim that describes the claim in reasonable detail sufficient to determine the general nature of the defect, including a general description of the type and location of the construction that the claimant alleges to be defective and any damages claimed to have been caused by the defect.
(6) Program claim means all actions for damages, indemnity, or
contribution brought against a construction professional to assert a claim, counterclaim, cross-claim, or third-party claim for damages or loss to, or the loss of use of, real or personal property for which the builder is a participant in the program or for personal injury caused by a defect in the design or construction of an improvement to real property for which the builder is a participant in the program.
(7) Third-party inspection means a program of inspections of a residential
housing unit performed over the course of construction on the unit and designed to assist the construction professional performing the construction on the unit in identifying and rectifying any instances in which the work being performed by the construction professional deviates from applicable building codes or construction standards. The construction professional who signs the building permit application shall, subsequent to filing the permit application and prior to the issuance of a certificate of occupancy, certify in writing filed with the building department that the third-party inspector was qualified and the inspection complies with the following requirements for any component, system, or improvement alleged to be defective:
(a) The inspection was performed by either a licensed construction
professional or a building code inspector, electrical inspector, energy conservation code inspector, fire code inspector, or mechanical code inspector, if such inspector provides evidence of successful completion of the most recent version of the commercial building inspector examination by the International Code Council or its successor organization:
(I) Who has expertise designing, constructing, or inspecting the component,
system, or improvement being inspected;
(II) (A) Who is an independent third party not otherwise employed by or
affiliated with the construction professional who was involved in the development, design, or construction of the component, system, or improvement; or
(B) Who is an inspector acting under the direction of an insurer providing a
commercial general liability policy of insurance purchased to insure the subject residential housing unit against property damage resulting from defects in the design or construction of the unit;
(III) Who is responsible for performing the inspection duties with a
reasonable degree of care; and
(IV) Who is not designated as a nonparty at fault pursuant to section 13-21-111.5 (3)(b); and
(b) The inspection includes, for each component, system, or improvement, a
signed certification that, for each component, system, or improvement, verifies that:
(I) The component, system, or improvement was included in approved
construction documents and specifications, including addendums issued during construction, under the valid seal of an architect or engineer licensed in Colorado;
(II) (A) Prior to inspection by the building department, the component,
system, or improvement was subject to a field inspection and approval by the third-party inspector who certifies that, at the time of inspection, the component, system, or improvement was sufficiently accessible to determine compliance with and did comply with applicable manufacturer's instructions or recommendations, approved construction documents and specifications, including addendums issued during construction, and the applicable building codes.
(B) If the field inspection does not include every location where the
component, system, or improvement is constructed, the signed certification must include the permit number; the date of inspection; the type of inspection; the contractor's name and license number; the street address of the job location; the name, address, and telephone number of the inspector who performed the inspection; and a statement that the inspector inspected a sufficient number of locations to conclude with a reasonable degree of certainty that every location of the component, system, or improvement complies with the applicable manufacturer's instructions or recommendations, approved construction documents and specifications, including addendums issued during construction, and the applicable building codes.
(III) The construction professional successfully repaired or resolved any
instance of noncompliant design or construction identified during an inspection and that the component, system, or improvement complies with the applicable manufacturer's instructions or recommendations and approved construction documents and specifications, including addendums issued during construction; and
(c) The inspection is not an inspection performed by or on behalf of a
governmental authority having jurisdiction over the residential housing unit as a condition of any permitting or the issuance of a certificate of occupancy.
Source: L. 2003: Entire section added, p. 1361, � 2, effective April 25. L.
2025: (4.5), (5.5), and (6) added, (HB 25-1272), ch. 183, p. 783, � 2, effective August 6.
Editor's note: (1) Subsections (6) and (7) were numbered as subsections (5.5)
and (6), respectively, in HB 25-1272 but were renumbered on revision for ease of location.
(2) Section 8(2) of chapter 183 (HB 25-1272), Session Laws of Colorado
2025, provides that the act changing this section applies to construction defect claims brought on or after August 6, 2025.
Cross references: For the short title (Colorado American Dream Act) and
the legislative declaration in HB 25-1272, see section 1 of chapter 183, Session Laws of Colorado 2025.
C.R.S. § 22-32-109.1
22-32-109.1. Board of education - specific powers and duties - safe school plan - conduct and discipline code - safe school reporting requirements - school response framework - school resource officers - definitions. (1) Definitions. As used in this section, unless the context otherwise requires:
(a) Action taken means a specific type of discipline, including but not
limited to the following categories of discipline:
(I) In-school suspension;
(II) Out-of-school suspension;
(III) Classroom removal in accordance with board policy;
(IV) Expulsion;
(V) Referral to law enforcement; or
(VI) Any other form of discipline, which shall be officially identified as part of
a board policy.
(b) Bullying means any written or oral expression, or physical or electronic
act or gesture, or a pattern thereof, that is intended to coerce, intimidate, or cause any physical, mental, or emotional harm to any student. Bullying is prohibited against any student for any reason, including, but not limited to, any bullying behavior that is directed toward a student on the basis of the student's academic performance; any bullying behavior that is directed toward a student against whom federal and state laws prohibit discrimination upon any of the bases described in section 22-32-109 (1)(ll)(I)(A); or a pattern of bullying behavior that is directed toward a student on the basis of the student's weight, height, or body size. This definition is not intended to infringe upon any right guaranteed to any person by the first amendment to the United States constitution or to prevent the expression of any religious, political, or philosophical views.
(b.5) Community partners means, collectively, local fire departments, state
and local law enforcement, local 911 agencies, interoperable communications providers, the safe2tell program described in section 24-31-606, C.R.S., local emergency medical service personnel, local mental health organizations, local public health agencies, local emergency management personnel, local or regional homeland security personnel, and school resource officers.
(b.7) Corporal punishment has the same meaning as set forth in section 22-1-140.
(c) Dangerous weapon has the same meaning as set forth in section 22-33-102 (4).
(d) Full-time teacher means a person who is licensed pursuant to article
60.5 of this title, or is authorized pursuant to section 22-60.5-111 to teach, and is primarily engaged in teaching during a majority of the instructional minutes per school day.
(e) Habitually disruptive student has the same meaning as set forth in
section 22-33-106 (1)(c.5).
(e.5) Law enforcement includes any law enforcement agency, law
enforcement officer, or school resource officer.
(f) (I) Referral to law enforcement means a communication between a
school administrator, teacher, or other school employee and law enforcement that:
(A) Is initiated by the school administrator, teacher, or other school
employee; and
(B) Concerns behavior by a student that the school administrator, teacher, or
other school employee believes may constitute a violation of the school conduct and discipline code or a criminal or delinquent offense and for which the school administrator, teacher, or other school employee requests an investigation or other involvement by law enforcement.
(II) Referral to law enforcement does not include:
(A) Contact with law enforcement that is made for the purpose of education,
prevention, or intervention regarding a student's behavior;
(B) Routine or incidental communication between a school administrator,
teacher, or other school employee and law enforcement; or
(C) Any incident or communication that is initiated by law enforcement.
(g) Restorative justice has the same meaning as set forth in section 22-32-144 (3).
(g.3) School means a public school of a school district, a charter school, or
an institute charter school.
(g.5) School resource officer means a peace officer, as described in
section 16-2.5-101, C.R.S., who has specialized training, as described in section 24-31-312, C.R.S., to work with school staff and students and who is assigned to a public school or charter school for the purpose of creating a safe learning environment and responding to all-hazard threats that may impact the school.
(h) School vehicle shall have the same meaning as set forth in section 42-1-102 (88.5), C.R.S.
(1.5) Mission statement. Each school district board of education shall adopt
a mission statement for the school district, which statement shall include making safety for all students and staff a priority in each public school of the school district.
(2) Safe school plan. To provide a learning environment that is safe,
conducive to the learning process, and free from unnecessary disruption, each school district board of education or institute charter school board for a charter school authorized by the charter school institute shall, following consultation with the school district accountability committee and school accountability committees, parents, teachers, administrators, students, student councils where available, and, where appropriate, the community at large, adopt and implement a safe school plan, or review and revise, as necessary in response to any relevant data collected by the school district, any existing plans or policies already in effect. In addition to the aforementioned parties, each school district board of education, in adopting and implementing its safe school plan, may consult with victims' advocacy organizations, school psychologists, local law enforcement, and community partners. The plan, at a minimum, must include the following:
(a) Conduct and discipline code. (I) A concisely written conduct and
discipline code that must be enforced uniformly, fairly, and consistently for all students. Copies of the code must be provided to each student upon enrollment at the preschool, elementary, middle, and high school levels and be posted or kept on file at each public school in the school district. The school district shall take reasonable measures to ensure that each student of each public school in the school district is familiar with the code. The code must include, but need not be limited to:
(A) General policies on student conduct, safety, and welfare;
(B) General policies and procedures for dealing with students who cause a
disruption on school grounds, in a school vehicle, or at a school activity or sanctioned event, including a specific policy allowing a teacher to remove a disruptive student from his or her classroom. The policy shall state that, upon the third such removal from a teacher's class, the teacher may remove the disruptive student from the teacher's class for the remainder of the term of the class; except that a disruptive student shall not be removed from a teacher's class for the remainder of the term of the class unless the principal of the student's school or his or her designee has developed and implemented a behavior plan for the student. A behavior plan may be developed after the first such removal from class and shall be developed after the second removal from class. The general policies and procedures shall include a due process procedure, which at a minimum shall require that, as soon as possible after a removal, the teacher or the school principal shall contact the parent or legal guardian of the student to request his or her attendance at a student-teacher conference regarding the removal. Any policy or procedure adopted shall comply with applicable federal and state laws, including but not limited to laws regarding students with disabilities.
(C) Provisions for the initiation of suspension or expulsion proceedings for
students who qualify as habitually disruptive students;
(D) Policies and procedures for the use of acts of reasonable and appropriate
physical intervention or force in dealing with disruptive students; except that a board shall not adopt a discipline code that includes provisions that are in conflict with the description of child abuse in section 18-6-401 (1) or 19-1-103 (1). Each conduct and discipline code must state that, in accordance with section 22-1-140, a person employed by or volunteering in a public school shall not impose corporal punishment on a child.
(E) General policies and procedures for determining the circumstances
under and the manner in which disciplinary actions, including suspension and expulsion, shall be imposed in accordance with the provisions of sections 22-33-105, 22-33-106, and 22-33-106.1;
(F) A specific policy concerning gang-related activities on school grounds, in
school vehicles, and at school activities or sanctioned events;
(G) Written prohibition, consistent with section 22-33-106, of students from
bringing or possessing dangerous weapons, drugs, or other controlled substances on school grounds, in a school vehicle, or at a school activity or sanctioned event and from using drugs or other controlled substances on school grounds, in a school vehicle, or at a school activity or sanctioned event;
(H) Written prohibition of students from using or possessing tobacco
products on school grounds, in a school vehicle, or at a school activity or sanctioned event;
(I) A written policy concerning searches on school grounds, including
searches of student lockers;
(J) A dress code policy that prohibits students from wearing apparel that is
deemed disruptive to the classroom environment or to the maintenance of a safe and orderly school. The dress code policy may require students to wear a school uniform or may establish minimum standards of dress. The dress code policy must allow each student to choose from any of the options provided in the dress code policy.
(K) On and after August 8, 2001, a specific policy concerning bullying
prevention and education. Each school district shall ensure that the school district's policy, at a minimum, incorporates the approaches, policies, and practices outlined in the model bullying prevention and education policy developed pursuant to section 22-2-144.
(L) Information concerning the school district's policies for the use of
restraint and seclusion on students, including a reference to the Protection of Students from Restraint and Seclusion Act, article 15.5 of this title 22, and information concerning the process for filing a complaint regarding the use of restraint or seclusion, as such process is set forth by rule of the state board pursuant to section 22-15.5-107.
(II) In creating and enforcing a school conduct and discipline code pursuant
to subsection (2)(a)(I) of this section, each school district board of education, on and after August 1, 2013, shall:
(A) Impose proportionate disciplinary interventions and consequences,
including but not limited to in-school suspensions, in response to student misconduct, which interventions and consequences are designed to reduce the number of expulsions, out-of-school suspensions, and referrals to law enforcement, except for such referrals to law enforcement as are required by state or federal law;
(B) Include plans for the appropriate use of prevention, intervention,
restorative justice, peer mediation, counseling, or other approaches to address student misconduct, which approaches are designed to minimize student exposure to the criminal and juvenile justice system. The plans shall state that a school administration shall not order a victim's participation in a restorative justice practice or peer mediation if the alleged victim of an offending student's misconduct alleges that the misconduct constitutes unlawful sexual behavior, as defined in section 16-22-102 (9), C.R.S.; a crime in which the underlying factual basis involves domestic violence, as defined in section 18-6-800.3 (1), C.R.S.; stalking as defined in section 18-3-602, C.R.S.; or violation of a protection order, as defined in section 18-6-803.5, C.R.S.;
(C) Ensure that the implementation of the code complies with all state and
federal laws concerning the education of students with disabilities, as defined in section 22-20-103 (5);
(D) Ensure that, in implementing the code, each school of the school district
shows due consideration of the impact of certain violations of the code upon victims of such violations, in accordance with the provisions of Title IX of the United States Code and other state and federal laws; and
(E) Ensure that, in implementing the code, each school of the school district
complies with the requirements of section 22-33-106.1.
(b) Safe school reporting requirements. A policy whereby the principal of
each public school in a school district is required to submit annually, in a manner and by a date specified by rule of the state board, and in accordance with standardized methods and any revised reporting categories identified and adopted through the stakeholder process set forth in section 22-1-138, a written report to the board of education of the school district concerning the learning environment in the school during that school year. The board of education of the school district shall annually compile the reports from every school in the district and submit the compiled report to the department of education in a format specified by rule of the state board. The compiled report must be easily accessible by the general public through a link on the department of education's website home page. The report must include, but need not be limited to, the following specific information for the preceding school year, including any disciplinary incident specified in subsection (2)(b)(IV)(E) or (2)(b)(IV)(K) of this section that requires additional reporting on the incident:
(I) The total enrollment for the school;
(II) The average daily attendance rate at the school;
(III) Dropout rates for grades seven through twelve, if such grades are taught
at the school;
(IV) The number of conduct and discipline code violations. Each violation
must be reported only in the most serious category that is applicable to that violation, including but not limited to specific information identifying the number of, and the action taken with respect to, each of the following types of violations:
(A) Possessing a dangerous weapon on school grounds, in a school vehicle,
or at a school activity or sanctioned event without the authorization of the school or the school district;
(B) Use or possession of alcohol on school grounds, in a school vehicle, or at
a school activity or sanctioned event;
(C) Use, possession, or sale of a drug or controlled substance, other than
marijuana, on school grounds, in a school vehicle, or at a school activity or sanctioned event;
(C.5) The unlawful use, possession, or sale of marijuana on school grounds, in
a school vehicle, or at a school activity or sanctioned event;
(D) Use or possession of a tobacco product on school grounds, in a school
vehicle, or at a school activity or sanctioned event;
(E) Being willfully disobedient or openly and persistently defiant or
repeatedly interfering with the school's ability to provide educational opportunities to, and a safe environment for, other students. In addition to providing information on such disciplinary incidents in the compiled report required by this subsection (2)(b), the report filing must include any additional information deemed necessary by the department of education pursuant to the process required pursuant to section 22-1-138. Information included in reporting for incidents currently categorized as disobedience or defiance may include, but is not limited to, school and district code; location of incidents; description of the behaviors that constituted the violations; interventions or de-escalation strategies attempted leading up to the incident; and descriptive information of the student or students involved in the incidents, including, but not limited to, gender, grade level, ethnicity, race, and whether the student has federal section 504 accommodations or an individualized education plan. Information on the report must be submitted in accordance with the department of education's data privacy and reporting requirements.
(F) Commission of an act on school grounds, in a school vehicle, or at a
school activity or sanctioned event that, if committed by an adult, would be considered first degree assault, as described in section 18-3-202, C.R.S., second degree assault, as described in section 18-3-203, C.R.S., or vehicular assault, as described in section 18-3-205, C.R.S.;
(G) Behavior on school grounds, in a school vehicle, or at a school activity or
sanctioned event that is detrimental to the welfare or safety of other students or of school personnel, including but not limited to behavior that creates a threat of physical or emotional harm to the student or to other students;
(G.5) Bullying;
(H) Willful destruction or defacement of school property;
(I) Commission of an act on school grounds, in a school vehicle, or at a school
activity or sanctioned event that, if committed by an adult, would be considered third degree assault, as described in section 18-3-204, C.R.S., or disorderly conduct, as described in section 18-9-106 (1)(d), C.R.S., but not disorderly conduct involving firearms or other deadly weapons, as described in section 18-9-106 (1)(e) and (1)(f), C.R.S.;
(J) Commission of an act on school grounds, in a school vehicle, or at a school
activity or sanctioned event that, if committed by an adult, would be considered robbery; and
(K) Other violations of the code of conduct and discipline that resulted in
documentation of the conduct in a student's record. In addition to providing information on such disciplinary incidents in the compiled report required by this subsection (2)(b), the report filing must include any additional information deemed necessary by the department of education pursuant to the process required pursuant to section 22-1-138. Information included in reporting for incidents currently categorized as disobedience or defiance may include, but is not limited to, school and district code; location of the incidents; description of the behaviors that constituted the violations; interventions or de-escalation strategies attempted leading up to the incidents; and descriptive information of the student or students involved in the incidents, including, but not limited to, gender, grade level, ethnicity, race, and whether the student has federal section 504 accommodations or an individualized education plan. Information on the report must be submitted in accordance with the department of education's data privacy and reporting requirements.
(V) and (VI) (Deleted by amendment, L. 2012.)
(VII) The average class size for each public elementary school, middle school
or junior high school, and senior high school in the state calculated as the total number of students enrolled in the school divided by the number of full-time teachers in the school;
(VIII) The school's policy concerning bullying prevention and education,
including information related to the development and implementation of any bullying prevention programs; and
(IX) The number of acts of sexual violence on school grounds, in a school
vehicle, or at a school activity or sanctioned event. Any information provided as a part of this subparagraph (IX) for the safe school reporting requirements must be reported as aggregate data and must not include any personally identifying information. For the purposes of this subparagraph (IX), sexual violence means a physical sexual act perpetrated against a person's will or where a person is incapable of giving consent.
(b.5) In addition to the items specified in subsection (2)(b) of this section,
each school district board of education or institute charter school board for a charter school authorized by the charter school institute shall annually review and submit data to the department of education concerning the number and types of disciplinary incidents and the disciplinary actions taken in response to such incidents. The department of education shall collect the data described in subsection (2)(b)(IV) of this section at the individual student level and report disaggregated student data on the type of disciplinary incidents and action taken. Such student data must be disaggregated by gender, grade level, race, ethnicity, disability, whether the student has federal section 504 accommodations or an individualized education plan, English language learner status, free and reduced-price lunch status, and homeless status, to the maximum extent possible in compliance with the Colorado Privacy Act, established pursuant to part 13 of article 1 of title 6, the federal Family Educational Rights and Privacy Act of 1974, 20 U.S.C. sec. 1232g, and the Student Data Transparency and Security Act, created in article 16 of this title 22. The department of education shall not publicly report individual student data for any purpose, shall include the application of data suppression policies to avoid the re-identification of any individual in any public reports, and shall ensure compliance with standards for reporting data for a student with a federal section 504 accommodation or an individualized education plan.
(c) Internet safety plan. (I) Each school district is encouraged to provide a
comprehensive, age-appropriate curriculum that teaches safety in working and interacting on the internet in grades kindergarten through twelve. At a minimum, the curriculum may address the following topics:
(A) Interaction with persons in the cybercommunity;
(B) Personal safety in interacting with persons on the internet;
(C) Recognition and avoidance of online bullying;
(D) Technology, computer virus issues, and ways to avoid computer virus
infection;
(E) Predator identification;
(F) Intellectual property, including education concerning plagiarism and
techniques to avoid committing plagiarism and laws concerning downloading of copyrighted materials including music;
(G) Privacy and the internet;
(H) Online literacy, including instruction in how to identify credible, factual,
trustworthy websites; and
(I) Homeland security issues related to internet use.
(II) Each school district is encouraged to structure the internet safety plan so
as to incorporate the internet safety topics into the teaching of the regular classroom curricula, rather than isolating the topics as a separate class. Each school district is encouraged to use available internet safety curricula resources, including but not limited to materials available through nonprofit internet safety foundations that are endorsed by the federal government. Each school district is also encouraged to work with local law enforcement for the jurisdiction in which the school district is located in developing the internet safety curricula, especially with regard to topics that address personal safety on the internet, internet predator identification, privacy issues, and homeland security issues. Each school district is also encouraged to collaborate with parents and teachers in developing the internet safety curricula, including collaborating with district and statewide organizations that represent parents and teachers.
(III) Each school district is encouraged to begin implementing the internet
safety plan with the 2005-06 school year and to annually review and, as necessary, revise the plan. Each school district is encouraged to identify a person who is responsible for overseeing implementation of the internet safety plan within each public school of the school district to ensure that each public school complies with the requirements of the plan.
(IV) If a school district chooses to adopt an internet safety plan and to
identify a person who is responsible for overseeing implementation of the plan, the person is encouraged to annually submit an internet safety plan implementation report to the school district board of education specifying the level of implementation achieved by each public school of the school district and providing an overview of the internet safety curricula adopted and implemented in each public school of the school district. The school district board of education of each school district that chooses to adopt an internet safety plan is encouraged to submit to the department of education an annual report summarizing the internet safety plan implementation report and is encouraged to make the annual summary report available on the school district website.
(2.5) (a) Safe school plan - child sexual abuse and assault prevention plan.
Each school district is encouraged, as part of its safe school plan, to adopt a child sexual abuse and assault prevention plan. Each school district is encouraged to include in the plan delivery of a comprehensive, age-appropriate curricula for kindergarten through twelfth grade regarding child sexual abuse and assault awareness and prevention. The curricula may address, but need not be limited to:
(I) The skills to recognize:
(A) Child sexual abuse and assault;
(B) Boundary violations and unwanted forms of touching and contact; and
(C) Behaviors that an offender uses to groom or desensitize a victim; and
(II) Strategies to:
(A) Promote disclosure;
(B) Reduce self-blame; and
(C) Mobilize bystanders.
(b) Each school district is encouraged to include in the child sexual abuse
and assault prevention plan professional development for school personnel and parents in preventing, identifying, and responding to child sexual abuse and assault. Professional development may include providing training in preventing, identifying, and responding to child sexual abuse and assault, including using the child abuse reporting hotline system created pursuant to section 26-5-111, C.R.S., and distributing resources to raise the awareness of school personnel and parents regarding child sexual abuse and assault and preventing child sexual abuse and assault.
(c) A school district is encouraged to use curricula and professional
development materials, training, and other resources available from the school safety resource center pursuant to section 24-33.5-1809, C.R.S.
(d) As used in this subsection (2.5), school personnel includes teachers,
administrators, school resource officers, and other employees of a school district or a public school.
(3) Agreements with state agencies. Each board of education shall
cooperate and, to the extent possible, develop written agreements with law enforcement, the juvenile justice system, and social services, as allowed under state and federal law, to keep each school environment safe. Each board of education shall adopt a policy whereby procedures will be used following instances of assault upon, disorderly conduct toward, harassment of, the making knowingly of a false allegation of child abuse against, or any alleged offense under the Colorado Criminal Code directed toward a school teacher or school employee or instances of damage occurring on the premises to the personal property of a school teacher or school employee by a student. Such procedures shall include, at a minimum, the following provisions:
(a) Such school teacher or school employee shall file a complaint with the
school administration and the board of education.
(b) The school administration shall, after receipt of such report and proof
deemed adequate to the school administration, suspend the student for three days, such suspension to be in accordance with the procedures established therefor, and shall initiate procedures for the further suspension or expulsion of the student where injury or property damage has occurred.
(c) The school administration shall report the incident to the district attorney
or appropriate local law enforcement, which shall, upon receiving such report, investigate the incident to determine the appropriateness of filing criminal charges or initiating delinquency proceedings.
(4) School response framework - school safety, readiness, and incident
management plan. Each board of education shall establish a school response framework that shall consist of policies described in this subsection (4). By satisfying the requirements of this subsection (4), a school or school district shall be in compliance with the national incident management system, referred to in this subsection (4) as NIMS, developed by the federal emergency management agency. At a minimum, the policies shall require:
(a) (I) Each school district, on or before July 1, 2009, to establish a date by
which each school of the school district shall be in compliance with the requirements of this subsection (4); except that the date may be changed by the school board for cause.
(II) Each school district shall make the dates established pursuant to
subparagraph (I) of this paragraph (a) available to the public upon request.
(b) Each school district to adopt the national response framework released
by the federal department of homeland security and NIMS formally through orders or resolutions;
(c) Each school district to institutionalize the incident command system as
taught by the emergency management institute of the federal emergency management agency;
(d) Each school district, on or before July 1, 2009, to start to develop a school
safety, readiness, and incident management plan, including, to the extent possible, emergency communications, that coordinates with any statewide or local emergency operation plans. In developing the plan, a school district may collaborate with community partners. The school safety, readiness, and incident management plan shall, at a minimum, identify for each public school in the school district:
(I) Safety teams and backups who are responsible for interacting with
community partners and assuming key incident command positions; and
(II) Potential locations for various types of operational locations and support
functions or facilities;
(e) To the extent possible, each school district to enter into memoranda of
understanding with the community partners specifying responsibilities for responding to incidents;
(f) To the extent possible, each public school to create an all-hazard exercise
program based on NIMS and to conduct tabletop exercises and other exercises in collaboration with community partners from multiple disciplines and, if possible, multiple jurisdictions to practice and assess preparedness and communications interoperability with community partners;
(g) To the extent possible, each public school, in collaboration with its school
district, to hold coordinated exercises among school employees and community partners, including at a minimum:
(I) Orientation meetings to inform all parties about emergency operation
plans and procedures;
(II) All-hazard drills, in addition to fire drills, to improve individual and
student emergency procedures and to test communications interoperability; and
(III) Tabletop exercises to discuss and identify roles and responsibilities in
different scenarios;
(h) Each public school to conduct a written evaluation following the
exercises and certain incidents as identified by the school or school district and identify and address lessons learned and corrective actions in updating response plans and procedures;
(i) Each public school, at least every academic term, to inventory emergency
equipment and test communications equipment and its interoperability with affected state and local agencies;
(j) Each school district to adopt written procedures for taking action and
communicating with local law enforcement agencies, community emergency services, parents, students, and the media in the event of certain incidents as identified by the school or school district;
(k) Key emergency school personnel, including but not limited to safety
teams and backups, to complete courses provided by the federal emergency management agency's emergency management institute or by institutions of higher education in the state system of community and technical colleges;
(l) School district employee safety and incident management training,
including provisions stating that completion of any courses identified by the department of public safety pursuant to section 24-33.5-1606.5 (3), C.R.S., as related to NIMS count toward the professional development requirements of a person licensed pursuant to article 60.5 of this title;
(m) Each school district to work with community partners to update and
revise all standard operating procedures, ensuring that all aspects of NIMS are incorporated, including but not limited to policies and principles, planning, procedures, training, response, exercises, equipment, evaluation, and corrective actions;
(n) Each school district to coordinate with community partners to assess
overall alignment and compliance with NIMS; identify requirements already met; establish a baseline for NIMS compliance; and determine action steps, including developing a plan and timeline, to achieve and maintain all NIMS goals;
(o) Each school district to develop a timeline and strategy for compliance
with the requirements of this subsection (4) and to strategically plan, schedule, and conduct all activities with community partners; and
(p) School resource officers to be familiar with the school response
framework outlined in this subsection (4), the all-hazard exercise program, and the interoperable communications of the school to which he or she is assigned.
(5) Safety and security policy. Each board of education shall adopt a policy
requiring annual school building inspections to address the removal of hazards and vandalism and any other barriers to safety and supervision.
(6) Sharing information. Notwithstanding any provision to the contrary in
title 24, each board of education shall establish policies consistent with section 24-72-204 (3) and with applicable provisions of the federal Family Educational Rights and Privacy Act of 1974 (FERPA), 20 U.S.C. sec. 1232g, and all federal regulations and applicable guidelines adopted thereto, to share and release information directly related to a student and maintained by a public school or by a person acting for the public school in the interest of making schools safer. Sharing of information concerning an out-of-home placement student who is being transferred to a public school must comply with the rules established by the state board pursuant to section 22-2-139 (9).
(7) Open school policy. Each board of education shall adopt an open school
policy to allow parents and members of the school district board of education reasonable access to observe classes, activities, and functions at a public school upon reasonable notice to the school administrator's office.
(8) Employee screenings. Each board of education shall adopt a policy of
making inquiries upon good cause to the department of education for the purposes of screening licensed employees and nonlicensed employees hired on or after January 1, 1991. Licensed employees employed by school districts on or after January 1, 1991, shall be screened upon good cause to check for any new instances of criminal activity listed in section 22-32-109.9 (1)(a). Nonlicensed employees employed by a school district on or after January 1, 1991, shall be screened upon good cause to check for any new instances of criminal activity listed in section 22-32-109.8 (2)(a).
(9) Immunity. (a) A school district board of education or a teacher or any
other person acting in good faith in accordance with the provisions of subsection (2) of this section in carrying out the powers or duties authorized by said subsection shall be immune from criminal prosecution or civil liability for such actions; except that a teacher or any other person acting willfully or wantonly in violation of said subsection shall not be immune from criminal prosecution or civil liability pursuant to said subsection. A teacher or any other person claiming immunity from criminal prosecution under this paragraph (a) may file a motion that shall be heard prior to trial. At the hearing, the teacher or other person claiming immunity shall bear the burden of establishing the right to immunity by a preponderance of the evidence.
(b) A teacher or any other person acting in good faith and in compliance with
the conduct and discipline code adopted by the board of education pursuant to paragraph (a) of subsection (2) of this section shall be immune from civil liability; except that a person acting willfully and wantonly shall not be immune from liability pursuant to this paragraph (b). The court shall dismiss any civil action resulting from actions taken by a teacher or any other person pursuant to the conduct and discipline code adopted by the board of education pursuant to paragraph (a) of subsection (2) of this section upon a finding by the court that the person acted in good faith and in compliance with such conduct and discipline code and was therefore immune from civil liability pursuant to paragraph (a) of this subsection (9). The court shall award court costs and reasonable attorney fees to the prevailing party in such a civil action.
(c) If a teacher or any other person does not claim or is not granted immunity
from criminal prosecution pursuant to paragraph (a) of this subsection (9) and a criminal action is brought against a teacher or any other person for actions taken pursuant to the conduct and discipline code adopted by the board of education pursuant to paragraph (a) of subsection (2) of this section, it shall be an affirmative defense in the criminal action that the teacher or such other person was acting in good faith and in compliance with the conduct and discipline code and was not acting in a willful or wanton manner in violation of the conduct and discipline code.
(d) An act of a teacher or any other person shall not be considered child
abuse pursuant to sections 18-6-401 (1) and 19-1-103 (1), C.R.S., if:
(I) The act was performed in good faith and in compliance with the conduct
and discipline code adopted by the board of education pursuant to paragraph (a) of subsection (2) of this section; or
(II) The act was an appropriate expression of affection or emotional support,
as determined by the board of education.
(e) A teacher or any other person who acts in good faith and in compliance
with the conduct and discipline code adopted by the board of education pursuant to paragraph (a) of subsection (2) of this section shall not have his or her contract nonrenewed or be subject to any disciplinary proceedings, including dismissal, as a result of such lawful actions, nor shall the actions of the teacher or other person be reflected in any written evaluation or other personnel record concerning such teacher or other person. A teacher or any other person aggrieved by an alleged violation of this paragraph (e) may file a civil action in the appropriate district court within two years after the alleged violation.
(10) Compliance with safe school reporting requirements. If the state board
determines that a school district or one or more of the public schools in a school district is in willful noncompliance with the provisions of paragraph (b) of subsection (2) of this section, the state's share of the school district's total program, as determined pursuant to article 54 of this title, may be subject to forfeiture until the school district and each school in the district attains compliance with the provisions of paragraph (b) of subsection (2) of this section.
(11) Repealed.
Source: L. 2000: Entire section added, p. 1957, � 1, effective June 2. L. 2001:
(2)(b)(VII) amended, p. 1272, � 26, effective June 5; IP(2), (2)(a)(VIII), and (2)(a)(IX) amended and (2)(a)(X) and (2)(b)(VIII) added, pp. 494, 495, �� 2, 3, effective August 8. L. 2002: IP(2) and IP(9)(d) amended, p. 1020, � 30, effective June 1. L. 2004: (2)(b)(VII) amended, p. 1285, � 18, effective May 28. L. 2005: (2)(c) added, p. 261, � 2, effective April 14. L. 2006: (2)(b)(IV) amended, p. 405, � 2, effective April 6. L. 2007: (9)(a), (9)(c), and (9)(e) amended, p. 686, � 1, effective May 3. L. 2008: (4) amended, p. 802, � 3, effective May 14. L. 2009: IP(2) amended, (SB 09-163), ch. 293, p. 1541, � 41, effective May 21; (2)(a)(III) amended, (HB 09-1243), ch. 290, p. 1423, � 2, effective May 21. L. 2010: (2)(a)(II) and (2)(a)(X) amended, (HB 10-1232), ch. 163, p. 569, � 4, effective April 28; (6) amended, (HB 10-1274), ch. 271, p. 1250, � 5, effective May 25. L. 2011: (2)(a)(IX), (2)(a)(X), and (2)(b)(IV)(G) amended, (HB 11-1254), ch. 173, p. 652, � 2, effective May 13; IP(4), IP(4)(d), (4)(f), (4)(g)(II), and (4)(i) amended, (SB 11-173), ch. 310, p. 1514, � 2, effective June 10; (6) amended, (HB 11-1303), ch. 264, p. 1161, � 46, effective August 10. L. 2012: IP(4)(d) amended, (SB 12-079), ch. 58, p. 213, � 6, effective March 24; (1), IP(2), (2)(a), and (2)(b) amended and (1.5) added, (HB 12-1345), ch. 188, p. 732, � 22, effective May 19; (4)(l) amended, (HB 12-1283), ch. 240, p. 1132, � 40, effective July 1. L. 2013: (1)(b.5), (1)(g.5), and (4)(p) added and IP(2), IP(4)(d), (4)(n), and (4)(o) amended, (SB 13-138), ch. 253, p. 1341, � 3, effective May 23. L. 2014: (1)(b.5) amended, (SB 14-002), ch. 241, p. 893, � 4, effective August 6. L. 2015: (1)(a)(V), (1)(b.5), (1)(f), IP(2), IP(2)(b), IP(2)(b)(IV), (2)(b)(IV)(C), (2)(b)(VII), (2)(b)(VIII), (2)(c)(II), IP(3), and (3)(c) amended and (1)(e.5), (2)(b)(IV)(C.5), (2)(b)(IX), and (11) added, (HB 15-1273), ch. 323, p. 1317, � 2, effective June 5; (2.5) added, (SB 15-020), ch. 277, p. 1133, � 3, effective June 5. L. 2017: (6) amended, (SB 17-294), ch. 264, p. 1395, � 47, effective May 25; (2)(a)(I)(L) added, (HB 17-1276), ch. 270, p. 1491, � 6, effective August 9. L. 2019: IP(11)(a) amended, (SB 19-241), ch. 390, p. 3467, � 19, effective August 2; IP(2)(a)(I), (2)(a)(I)(E), IP(2)(a)(II), (2)(a)(II)(C), and (2)(a)(II)(D) amended and (2)(a)(II)(E) added, (HB 19-1194), ch. 160, p. 1889, � 9, effective July 1, 2020. L. 2020: (1)(b) amended, (HB 20-1048), ch. 8, p. 20, � 12, effective September 14. L. 2021: (2)(a)(I)(K) and (2)(b)(IV)(G) amended and (2)(b)(IV)(G.5) added, (HB 21-1221), ch. 209, p. 1086, � 3, effective June 7. L. 2022: (1)(g.3) and (2)(b.5) added and IP(2), IP(2)(b), (2)(b)(IV)(E), and (2)(b)(IV)(K) amended, (HB 22-1376), ch. 243, p. 1801, � 5, effective May 26. L. 2023: (1)(b.7) added and IP(2)(a)(I) and (2)(a)(I)(D) amended, (HB 23-1191), ch. 93, p. 350, � 3, effective April 20. L. 2024: (1)(b) amended, (HB 24-1285), ch. 397, p. 2727, � 2, effective August 7. L. 2025: IP(2)(a)(I) and (2)(a)(I)(J) amended, (HB 25-1312), ch. 205, p. 929, � 7, effective May 16; IP(2)(a)(I) and (2)(a)(I)(L) amended, (HB 25-1248), ch. 251, p. 1259, � 3, effective May 24.
Editor's note: Subsection (11)(b) provided for the repeal of subsection (11),
effective July 1, 2020. (See L. 2015, p. 1317.)
Cross references: (1) For the legislative declaration contained in the 2001
act amending the introductory portion to subsection (2) and subsections (2)(a)(VIII) and (2)(a)(IX) and adding subsections (2)(a)(X) and (2)(b)(VIII), see section 1 of chapter 154, Session Laws of Colorado 2001. For the legislative declaration contained in the 2005 act adding subsection (2)(c), see section 1 of chapter 72, Session Laws of Colorado 2005. For the legislative declaration contained in the 2006 act amending subsection (2)(b)(IV), see section 1 of chapter 117, Session Laws of Colorado 2006. For the legislative declaration contained in the 2008 act amending subsection (4), see section 1 of chapter 215, Session Laws of Colorado 2008. For the legislative declaration in the 2010 act amending subsection (6), see section 1 of chapter 271, Session Laws of Colorado 2010. For the legislative declaration in the 2011 act amending the introductory portions to subsections (4) and (4)(d) and subsections (4)(f), (4)(g)(II), and (4)(i), see section 1 of chapter 310, Session Laws of Colorado 2011. For the legislative declaration in the 2012 act amending subsection (4)(l), see section 1 of chapter 240, Session Laws of Colorado 2012. For the legislative declaration in the 2013 act adding subsections (1)(b.5), (1)(g.5), and (4)(p) and amending the introductory portions to subsections (2) and (4)(d) and subsections (4)(n) and (4)(o), see section 1 of chapter 253, Session Laws of Colorado 2013. For the legislative declaration in HB 15-1273, see section 1 of chapter 323, Session Laws of Colorado 2015. For the legislative declaration in HB 17-1276, see section 1 of chapter 270, Session Laws of Colorado 2017. For the legislative declaration in HB 19-1194, see section 1 of chapter 160, Session Laws of Colorado 2019. For the legislative declaration in HB 23-1191, see section 1 of chapter 93, Session Laws of Colorado 2023. For the legislative declaration in HB 24-1285, see section 1 of chapter 397, Session Laws of Colorado 2024.
(2) For the short title (Creating a Respectful and Open World for Natural
Hair Act of 2020 or the CROWN Act of 2020) and the legislative declaration in HB 20-1048, see sections 1 and 2 of chapter 8, Session Laws of Colorado 2020. For the short title (Jack and Cait's Law) in HB 21-1221, see section 1 of chapter 209, Session Laws of Colorado 2021. For the short title (Kelly Loving Act) in HB 25-1312, see section 1 of chapter 205, Session Laws of Colorado 2025.
C.R.S. § 28-3-106
28-3-106. Powers and duties of adjutant general. (1) The adjutant general has the following powers and duties:
(a) The adjutant general shall be the chief of staff to the commander in chief
and the administrative head of the department of military and veterans affairs. Whenever any law of this state refers to the military department, said law shall be construed as referring to the department of military and veterans affairs.
(b) He or she shall have custody of all military records, correspondence, and
other military documents. He or she shall be the medium of military correspondence with the governor and perform all other duties pertaining to his or her office prescribed by law.
(c) The adjutant general shall prepare and transmit annually, in the form and
manner prescribed by the heads of the principal departments pursuant to the provisions of section 24-1-136, C.R.S., a report accounting to the governor and the state, veterans, and military affairs committees of the house of representatives and the senate for the efficient discharge of all responsibilities assigned by law or directive to the adjutant general.
(d) He or she shall make and transmit to the federal government such
reports and returns as are required by the laws of the United States.
(e) He or she shall, when necessary and pursuant to the provisions of section
24-1-136, C.R.S., cause the military code, orders, and regulations of the state to be reproduced and distributed to the commissioned officers and the several organizations of the National Guard.
(f) He or she shall cause to be prepared and issued all necessary books,
blanks, and notices required to carry into full effect the provisions of the military code. All such books and blanks are the property of the state.
(g) The seal of office of the adjutant general shall contain the coat of arms of
the state with the words added thereto State of Colorado, Adjutant General's Office, and said seal shall be delivered by him or her to his or her successor. All orders issued from his or her office shall be authenticated with said seal. The adjutant general shall attest to all commissions issued to officers of the military forces.
(h) He or she shall superintend the preparation of all returns and reports
required by the United States from the state on military matters.
(i) In the absence of the adjutant general or temporary inability to perform
his or her duties as adjutant general, he or she shall appoint, with the consent of the governor, an officer of the National Guard to perform the duties prescribed for the adjutant general. Should the adjutant general be absent or unable to perform his or her duties for a period of six months or more, it shall be considered cause to justify his or her removal. Removal under this paragraph (i) shall be at the sole discretion of the governor.
(j) He or she shall prescribe such regulations not inconsistent with law as will
increase the discipline and efficiency and will preserve and protect the property of the military forces of the state of Colorado. These regulations, as prepared by the adjutant general and approved by the governor, shall be published in orders, and the governor, when in his or her judgment it is necessary, may order the adjutant general to revise and amend these regulations. The regulations required by this paragraph (j) need not comply with the provisions of article 4 of title 24, C.R.S.
(k) He or she shall submit a budget respecting the military forces for the
ensuing fiscal year for the approval of the controller, and the total of the budget for such period of time shall not be exceeded.
(l) He or she shall keep the papers, volumes, and records of the department
in an office provided by the state and shall keep such accounts of activities and expenditures as are necessary and required.
(m) He or she shall attend to the safekeeping and repairing of the ordnance,
arms, accouterments, equipment, and all other military property belonging to the state or issued to it by the United States. All military property of the state which, after proper inspection, is found unsuitable for the use of the state, under the direction of the governor, shall be disposed of by the adjutant general at public auction or by inviting bids after suitable advertisement of the sale daily for ten days in at least one newspaper published in the city or county where the sale is to take place; or the same may be sold at private sale when so ordered by the governor or, with the approval of the governor, may be turned over to any other department, board, or commission of the state government by which it can be used. Such department, board, or commission of the state government shall reimburse the military fund for the reasonable value of the property so received. He or she shall bid on the property or suspend the sale when in his or her opinion better prices may or should be obtained. He or she shall from time to time render to the governor a just and true account of the sales made by him or her and shall deposit the proceeds of the same in the military fund.
(n) He or she shall not issue or cause to be issued military property to
persons or organizations other than those belonging to the National Guard, except in cases of emergency and then only on written approval of the governor.
(o) All purchases, with the exception of emergency purchases, shall be made
through the executive director of the department of personnel in the manner provided by law. All property purchased under the authority granted shall be inspected by an inspector or an officer detailed for that purpose by the adjutant general, and no payment shall be made therefor until it appears by the certificate of such officer that such property is of the kind and quality specified in such agreement or contract. In case of emergency, the governor may suspend the operation of this paragraph (o) and direct the adjutant general in writing to purchase such military property as may be required in the open market. The governor shall report such actions with the reasons therefor and statement of the property purchased and the prices paid therefor to the general assembly at its next session. All payments shall be made by voucher drawn upon the military fund of the state upon such form as may be provided by the controller of the state of Colorado. Each voucher shall show the attestation of the adjutant general that it is within the budget as approved by the governor.
(p) He or she shall employ such clerks, laborers, and other force as may be
required for his or her office, other departments, armories, and properties of the National Guard, and, in all cases of employment under this provision, a preference shall be extended to members of the National Guard. The pay of such clerks and other force shall be determined and fixed by the adjutant general with the approval of the governor and consistent with the pay for equivalent positions under the state personnel system. In case of emergency or when authorized by the governor, he or she may employ such additional temporary assistants as are necessary, to be paid from the amounts appropriated for the maintenance of the military forces.
(q) The adjutant general shall have charge of the campgrounds and military
reservations of the state and shall be responsible for the protection and safety thereof, and the adjutant general shall promulgate regulations for the maintenance of order thereon, for the enforcement of traffic rules, and for all other lawful regulations as may be ordered for the operation, care, and preservation of existing facilities and installations on all state military reservations. The adjutant general shall keep in repair all state buildings and other improvements thereon and may make such sound improvements thereon as the good of the service requires. Subject to appropriation by the general assembly, the adjutant general may disburse state money, including, but not limited to, money in the real estate cash fund and the capital construction fund, in accordance with this section.
(r) The adjutant general, by and with the advice and approval of the governor,
is authorized to rent, hire, purchase, take the conveyance of, and hold in trust for the use of the state of Colorado such buildings, lands, tenements, and appurtenances thereof as may be from time to time deemed necessary for use by the National Guard. All titles shall be taken in the name of the governor of the state of Colorado for the use of the National Guard. Any purchase of such buildings or other real property or any capital construction performed on real property purchased or held by the state of Colorado for the use of the National Guard is subject to the provisions of part 13 of article 3 of title 2 concerning capital development. Prior to acquiring any real property pursuant to the provisions of this subsection (1)(r), the adjutant general shall submit a report to the capital development committee which describes the anticipated use of such real property, the maintenance costs related to such real property, the current value of such real property, any conditions or limitations which may restrict the use of such real property, and any potential liability to the state which could result from acquiring such real property. The capital development committee shall review any such report which is submitted to the capital development committee and shall provide recommendations to the adjutant general concerning the proposed real property acquisition within thirty days after the date of receipt of such report. The adjutant general shall not complete any such real property acquisition without considering any recommendations of the capital development committee which are provided within such thirty-day period. Subject to appropriation by the general assembly, the adjutant general may disburse state money, including, but not limited to, money in the real estate cash fund and the capital construction fund, in accordance with this section.
(s) (I) If, in the judgment of the adjutant general, any real estate that has
been acquired for military purposes is unsuitable for military purposes, the adjutant general, by and with the approval of the governor, in writing, has authority to sell, trade, or otherwise dispose of such real estate, but, except as otherwise provided by subsection (1)(s)(II) of this section, such real estate shall not be disposed of for less than its appraised value. The appraised value of such real estate shall be determined by an appraiser who is licensed or certificated pursuant to part 6 of article 10 of title 12 and who is selected by the adjutant general from a list of three qualified individuals submitted to the adjutant general by the department. Appraisers shall be selected for the list, and their fees shall be negotiated in accordance with the standards established by part 14 of article 30 of title 24. The adjutant general, by and with the advice and approval of the governor, is authorized to lease any property belonging to the department when it is not needed for the immediate use of the department. All conveyances that are required for the purpose of this section shall be executed by the governor under the seal of the state, and the proceeds of all sales, trades, or other disposition shall be placed in an account to be invested by the state treasurer as provided in section 24-36-113. Any interest earned on the investment or deposit of such proceeds shall remain in such account and shall not be credited to the general fund or any other fund of the state. Said proceeds and any interest thereon shall be disbursed by authority of the adjutant general, subject to appropriation by the general assembly, only for the construction, repair, improvement, acquisition, or costs of acquisition or sale of armories throughout the state. Costs of acquisition or sale shall include but need not be limited to appraisals, site surveys, environmental surveys, title work, property inspections, closing costs, legal fees, real estate fees, site preparation, or utility studies. Prior to disposing of any real property pursuant to the provisions of this subsection (1)(s), the adjutant general shall submit a report to the capital development committee that describes such real property, the maintenance costs related to such real property, the current value of such real property, any conditions or limitations that may restrict the use of such real property, and the terms of the proposed disposition of such real property. The capital development committee shall review any such report that is submitted to the capital development committee and shall provide recommendations to the adjutant general concerning the proposed real property disposition within thirty days after the date of receipt of such report. The adjutant general shall not complete any such real property disposition without considering any recommendations of the capital development committee that are provided within such thirty-day period.
(II) The adjutant general may dispose of real estate acquired but unsuitable
for military purposes for less than its appraised value when the disposition is to an agency of state government. The adjutant general shall not be required to have an appraisal performed in order to complete such disposition. In the event an offer has been made to purchase such real estate for more than its appraised value, prior to any disposition the adjutant general shall give due consideration to the terms of the offer and to any cost savings to the state which would result from a transfer of such real estate to a state agency.
(III) Notwithstanding subsection (1)(s)(I) of this section, on July 1, 2020, the
state treasurer shall transfer four million nine hundred eight thousand three hundred ninety-five dollars from the account specified in subsection (1)(s)(I) of this section to the general fund.
(IV) On April 1, 2023, the state treasurer shall transfer four million nine
hundred eight thousand three hundred ninety-five dollars from the general fund to the account specified in subsection (1)(s)(I) of this section.
(t) Repealed.
(u) He or she shall prescribe the rules and regulations described in section
23-7.4-302 (7).
(v) The adjutant general shall ensure that the department complies with the
requirements of section 24-1-136.5, C.R.S., concerning the preparation of operational master plans, facilities master plans, and facilities program plans for the department.
(w) Repealed.
(x) The adjutant general is authorized to accept gifts, grants, or donations of
any kind from any private source or from any governmental unit in order to carry out the functions and duties set forth in this title subject to the conditions upon which the gifts, grants, or donations are made; except that no gift, grant, or donation shall be accepted if the conditions attached thereto require the use or expenditure thereof in a manner contrary to law or require expenditures from the general fund unless such expenditures are approved by the general assembly.
(y) The adjutant general may make available for public or private use any
distance learning audio and video facilities located within the state. Such public or private use shall be subject to reasonable fees for the costs, including repair, replacement, and salaries involved in the use of the facilities, as well as maintenance and operation of the facilities and equipment.
Source: L. 55: p. 610, � 6. CRS 53: � 94-9-6. C.R.S. 1963: � 94-1-6. L. 64: p.
157, � 104. L. 67: p. 78, � 1. L. 68: p. 136, � 168. L. 81: (1)(o) amended, p. 1296, � 37, effective January 1, 1982. L. 83: (1)(c) and (1)(e) amended, p. 840, � 64, effective July 1. L. 86: (1)(s) amended and (1)(t) repealed, pp. 1014, 1018, ��1, 18, effective May 3. L. 91: (1)(r) amended, p. 1375, � 1, effective April 1; (1)(u) added, p. 549, � 3, effective May 18. L. 94: (1)(s) amended, p. 24, � 1, effective March 2; (1)(v) added, p. 566, � 15, effective April 6; (1)(s) amended, p. 1617, � 1, effective May 31. L. 96: (1)(o) amended, p. 1542, � 133, effective June 1. L. 2001: (1)(c) amended, p. 1178, � 10, effective August 8. L. 2002: (1)(b), (1)(d) to (1)(n), (1)(p), (1)(q), and (1)(u) amended, pp. 594, 586, �� 29, 7, effective May 24; (1)(a) and (1)(s)(I) amended and (1)(w) added, p. 360, � 21, effective July 1. L. 2003: (1)(c) and (1)(w)(I) amended, p. 2012, � 104, effective May 22; (1)(x) and (1)(y) added, p. 1907, � 2, effective August 6. L. 2005: (1)(s)(I) amended, p. 661, � 1, effective May 27. L. 2013: (1)(s)(I) amended, (SB 13-155), ch. 392, p. 2284, � 17, effective July 1. L. 2018: (1)(u) amended, (HB 18-1228), ch. 103, p. 787, � 2, effective August 8. L. 2019: (1)(s)(I) amended, (HB 19-1172), ch. 136, p. 1715, � 205, effective October 1. L. 2020: (1)(s)(III) added, (HB 20-1406), ch. 178, p. 813, � 16, effective June 29. L. 2023: (1)(s)(IV) added, (SB 23-141), ch. 5, p. 15, � 2, effective March 3. L. 2024: (1)(q) and (1)(r) amended, (HB 24-1412), ch. 83, p. 279, � 1, effective August 7.
Editor's note: Subsection (1)(w)(II) provided for the repeal of subsection (1)(w),
effective January 1, 2004. (See L. 2002, p. 360.)
Cross references: For the legislative declaration contained in the 2002 act
amending subsections (1)(a) and (1)(s)(I) and enacting subsection (1)(w), see section 1 of chapter 121, Session Laws of Colorado 2002.
C.R.S. § 30-28-114
30-28-114. Enforcement - inspector - permits. The board of county commissioners may provide for the enforcement of the zoning regulations by means of the withholding of building permits, and, for such purpose, may establish and fill a position of county building inspector and may fix the compensation attached to said position, or may authorize one or more administrative officials of the county to assume some or all functions of such position in addition to their customary functions. Such board may also fix a reasonable schedule of fees for the issuance of such permits. After the establishment of such position and the filling of the same, it shall be unlawful to erect, construct, reconstruct, alter, or change the use of any building or other structure within the unincorporated territory covered by such zoning regulations without obtaining a building permit from such county building inspector. Such building inspector shall not issue any permit unless the plans for the proposed erection, construction, reconstruction, alteration, or use fully conform to all zoning regulations then in effect.
Source: L. 39: p. 300, � 13. CSA: C. 45A, � 13. CRS 53: � 106-2-13. C.R.S.
1963: � 106-2-13. L. 77: Entire section amended, p. 1458, � 1, effective June 9.
C.R.S. § 30-28-135
30-28-135. Safety glazing materials. The board of county commissioners of each county in this state shall adopt standards governing the use of safety glazing materials for hazardous locations in the unincorporated areas of the county. No building permit shall be issued for the construction, reconstruction, or alteration of any structure in the unincorporated area of such county unless such construction, reconstruction, or alteration conforms to the standards adopted pursuant to this section. The county building inspector shall inspect all places to determine whether such places are in compliance with the standards for the use of safety glazing materials.
Source: L. 71: p. 885, � 2. C.R.S. 1963: � 106-2-36. L. 86: Entire section
amended, p. 501, � 122, effective July 1.
C.R.S. § 30-28-205
30-28-205. County building inspector - permit required - appeal. (1) The county building inspector, as authorized in section 30-28-114, may be authorized by the board of county commissioners to administer and enforce the building code adopted pursuant to this part 2; and the board of county commissioners shall fix a reasonable schedule of fees for the issuance of building permits by the county building inspector. After the adoption of the building code, it shall be unlawful to erect, construct, reconstruct, alter, or remodel any structure, dwelling, or building in the designated area, except buildings or structures used for the sole purpose of providing shelter for agricultural implements, farm products, livestock, or poultry without first obtaining a building permit from the county building inspector. The county building inspector shall not issue any permit unless the plans for the proposed erection, construction, reconstruction, alteration, or remodeling fully conform to the regulations and restrictions in the building code.
(2) No permit fee provided for pursuant to the provisions of subsection (1) of
this section shall be charged unless an inspection is actually made by such inspector who is fully qualified to perform the required type of inspection.
(3) The county building inspector shall not issue any permit unless the plans
and specifications for such proposed erection, construction, reconstruction, alteration, or remodeling conform to the regulations and restrictions in said building code. All such proposed erection, construction, reconstruction, alteration, or remodeling shall bear the seal of an architect or engineer licensed by the state of Colorado, unless the preparation of plans and specification is exempted by section 12-120-403. Such plans and specifications prepared by architectural or engineering subdisciplines shall be so designated and shall bear the seal and signature of the architect or engineer for that subdiscipline.
Source: L. 45: p. 244, � 5. L. 47: p. 366, � 1. CSA: C. 45B, � 5. CRS 53: � 36-15-5. C.R.S. 1963: � 36-15-5. L. 73: p. 473, � 4. L. 86: (3) added, p. 610, � 11, effective
July 1. L. 2006: (1) amended, p. 235, � 3, effective July 1; (3) amended, p. 762, � 23, effective July 1. L. 2019: (3) amended, (HB 19-1172), ch. 136, p. 1719, � 215, effective October 1.
C.R.S. § 30-28-209
30-28-209. Violation - injunction and other remedies. (1) (a) It is unlawful to erect, construct, reconstruct, or alter any building or structure in a manner that results in a violation of any regulation in, or of any provisions of, the area building code, or any amendment thereof, enacted or adopted by the board of county commissioners under the authority of this part 2. Any person, firm, or corporation violating any such regulation, provision, or amendment thereof, or any provision of this part 2, commits a civil infraction. Each day during which such illegal erection, construction, reconstruction, or alteration continues shall be deemed a separate offense.
(b) (I) It is unlawful to use any building or structure in violation of any
regulation in, or of any provision of, the area building code, or any amendment thereto, enacted or adopted by any board of county commissioners under the authority of this part 2. Any person, firm, or corporation violating any such regulation, provision, or amendment thereof commits a civil infraction. Each day during which such illegal use of any building or structure continues shall be deemed a separate offense. Nothing in this subsection (1)(b)(I) prohibits the use of any building or structure in violation of an otherwise applicable building code where the use complies with any building code that was in effect at the time the building or structure was erected, constructed, reconstructed, or altered.
(II) Whenever a county building inspector authorized pursuant to sections
30-28-114 and 30-28-205, or any inspector employed by an intergovernmental entity created in accordance with the requirements of part 2 of article 1 of title 29, C.R.S., who exercises the functions of a county building inspector, has personal knowledge of any violation of the requirements of subparagraph (I) of this paragraph (b), he or she shall give written notice to the violator to correct the violation within ten days after the date of the notice. Where the violator fails to correct the violation within the ten-day period, the county building inspector may request that the sheriff of the county issue a summons and complaint to the violator, stating the nature of the violation with sufficient particularity to give notice of the charge to the violator. The summons and complaint shall require that the violator appear in county court at a definite time and place stated therein to answer and defend the charge.
(III) One copy of the summons and complaint shall be served upon the
violator by the sheriff of the county in the manner provided by law for the service of a criminal summons. One copy each shall be retained by the sheriff and the county building inspector, and one copy shall be transmitted by the sheriff to the clerk of the county court.
(c) It is the responsibility of the county attorney to enforce the provisions of
this subsection (1). Where there is no county attorney or in the event that the board of county commissioners deems it appropriate, the board may appoint the district attorney of the judicial district in which the building or structure is located to perform such enforcement duties in lieu of the county attorney.
(2) In case any building or structure is, or is proposed to be, erected,
constructed, reconstructed, altered, or used in violation of any regulation or provision of the area building code, or amendment thereto, enacted or adopted by any board of county commissioners under the authority granted by this part 2, the county attorney of the county in which such building, structure, or land is situated, in addition to other remedies provided by law, may institute an injunction, mandamus, abatement, or other appropriate action or proceeding to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, alteration, or use. Where there is no county attorney or in the event that the board deems it appropriate, the board may appoint the district attorney of the judicial district in which the building or structure is located to perform such enforcement duties in lieu of the county attorney.
Source: L. 45: p. 245, � 7. L. 47: p. 368, � 1. CSA: C. 45B, � 8. CRS 53: � 36-15-9. C.R.S. 1963: � 36-15-9. L. 2003: Entire section R&RE, p. 1836, � 1, effective
October 1. L. 2006: (1)(b)(II) amended, p. 235, � 4, effective July 1. L. 2021: (1)(a) and (1)(b)(I) amended, (SB 21-271), ch. 462, p. 3250, � 510, effective March 1, 2022.
C.R.S. § 30-28-210
30-28-210. County court actions for civil penalties for building violations. (1) It is unlawful to erect, construct, reconstruct, alter, maintain, or use any building, structure, or land in violation of this part 2 or any provisions of the area building code. In addition to any penalties imposed pursuant to section 30-28-209, any person, firm, or corporation violating any provision of this part 2 or any provision of the area building code may be subject to the imposition, by order of the county court, of a civil penalty in an amount of not less than five hundred dollars nor more than one thousand dollars. It is within the discretion of the county attorney to determine whether to pursue the civil penalties set forth in this section, the remedies set forth in section 30-28-209, or both. Each day after the issuance of the order of the county court during which such unlawful activity continues shall be deemed a separate violation and shall in accordance with the subsequent provisions of this section, be the subject of a continuing penalty in an amount not to exceed one hundred dollars for each such day. Until paid, any civil penalty ordered by the county court and assessed under this subsection (1) shall, as of recording, be a lien against the property on which the violation has been found to exist. In case the assessment is not paid within thirty days, it may be certified by the county attorney to the county treasurer, who shall collect the assessment, together with a ten percent penalty for the cost of collection, in the same manner as other taxes are collected. The laws of this state for assessment and collection of general taxes, including the laws for the sale and redemption of property for taxes, shall apply to the collection of assessments pursuant to this subsection (1). Any lien placed against the property pursuant to this subsection (1) shall be recorded with the clerk and recorder of the county in which the property is located.
(2) (a) In the event any building or structure is erected, constructed,
reconstructed, altered, maintained, or used in violation of this part 2 or of any provision of the area building code, the county attorney of the county in which such building or structure is situated, in addition to other remedies provided by law, may commence a civil action in county court for the county in which such building or structure is situated seeking the imposition of a civil penalty in accordance with the provisions of this section.
(b) A building inspector designated by resolution of the board of county
commissioners shall, upon personal information and belief that a violation of this part 2 or of any provision of the area building code has occurred, give written notice to the violator to correct the violation within ten days after the date of the notice. If the violator fails to correct the violation within the ten-day period or within any extension period granted by the building inspector, the building inspector, the sheriff of the county, or the county attorney may issue a summons and complaint to the violator stating the nature of the violation with sufficient particularity to give notice of the charge to the violator.
(c) One copy of the summons and complaint issued pursuant to paragraph (b)
of this subsection (2) shall be served upon the violator in the manner provided by law for the service of a county court civil summons and complaint in accordance with the Colorado rules of county court civil procedure. The summons and complaint shall also be filed with the clerk of the county court and thereafter the action shall proceed in accordance with the Colorado rules of county court civil procedure.
(d) If the county court finds, by a preponderance of the evidence, that a
violation of this part 2 or of any provision of the area building code has occurred, the court shall order the violator to pay a civil penalty in an amount allowed pursuant to subsection (1) of this section. The penalty shall be payable immediately by the violator to the county treasurer. In the event that the alleged violation has been cured or otherwise removed and the violator has notified the building inspector of the cure or removal at least five business days prior to the appearance date in the summons, then the county attorney shall so inform the court and request that the action be dismissed without fine or appearance of the defendant.
(3) Upon the filing with the court of a receipt issued by the county treasurer
showing payment in full of a civil penalty assessed pursuant to this section and upon the filing of an affidavit of the county building inspector that the violation has been cured, removed, or corrected, the court shall dismiss the action and issue a satisfaction in full of the judgment so entered. The court may also dismiss the action upon a motion of the county attorney indicating that the matter has been otherwise resolved.
(4) If a receipt showing full payment of the civil penalty or the affidavit or the
motion by the county attorney required by subsection (3) of this section is not filed, the action shall continue and the court shall retain jurisdiction to impose an additional penalty against the violator in the amount specified in subsection (1) of this section. The additional penalty shall be imposed by the court upon motion filed by the county and proof that the violation has not been cured, removed, or corrected. Thereafter, the action shall continue until the filing with the court of a receipt issued by the county treasurer showing payment in full of the civil penalty and any additional penalties so assessed and the filing of an affidavit of the county building inspector that the violation has been cured, removed, or corrected, or until a motion by the county attorney to dismiss the action is granted by the court.
Source: L. 98: Entire section added, p. 340, � 2, effective July 1. L. 2006: (1),
(2)(b), (2)(d), (3), and (4) amended, p. 235, � 5, effective July 1.
C.R.S. § 31-23-312
31-23-312. Safety glazing materials. The governing body of each municipality in this state shall adopt standards governing the use of safety glazing materials for hazardous locations within its jurisdiction. No building permit shall be issued for the construction, reconstruction, or alteration of any structure in such municipality unless such construction, reconstruction, or alteration conforms to the standards adopted pursuant to this section. The building inspection authority in such municipality shall inspect all places to determine whether such places are in compliance with the standards for the use of safety glazing materials.
Source: L. 75: Entire title R&RE, p. 1158, � 1, effective July 1. L. 86: Entire
section amended, p. 502, � 123, effective July 1.
Editor's note: This section is similar to former � 31-23-212 as it existed prior
to 1975.
C.R.S. § 38-38-104
38-38-104. Right to cure when default is nonpayment - right to cure for certain technical defaults. (1) Unless the order authorizing the sale described in section 38-38-105 contains a determination that there is a reasonable probability that a default in the terms of the evidence of debt, deed of trust, or other lien being foreclosed other than nonpayment of sums due thereunder has occurred, any of the following persons is entitled to cure the default if the person files with the officer, no later than fifteen calendar days prior to the date of sale, a written notice of intent to cure together with evidence of the person's right to cure to the satisfaction of the officer:
(a) (I) The owner of the property as of the date and time of the recording of
the notice of election and demand or lis pendens as evidenced in the records;
(II) If the owner of the property is dead or incapacitated on or after the date
and time of the recording of the notice of election and demand or lis pendens, the owner's heirs, personal representative, legal guardian, or conservator as of the time of filing of the notice of intent to cure, whether or not such person's interest is shown in the records, or any co-owner of the property if the co-owner's ownership interest is evidenced in the records as of the date and time of the recording of the notice of election and demand or lis pendens;
(III) A transferee of the property as evidenced in the records as of the time of
filing of the notice of intent to cure if the transferee was the property owner's spouse as of the date and time of the recording of the notice of election and demand or lis pendens or if the transferee is wholly owned or controlled by the property owner, is wholly owned or controlled by the controlling owner of the property owner, or is the controlling owner of the property owner;
(IV) A transferee or owner of the property by virtue of merger or other similar
event or by operation of law occurring after the date and time of the recording of the notice of election and demand or lis pendens; or
(V) The holder of an order or judgment entered by a court of competent
jurisdiction as evidenced in the records after the date and time of the recording of the notice of election and demand or lis pendens ordering title to the property to be vested in a person other than the owner;
(b) A person liable under the evidence of debt;
(c) A surety or guarantor of the evidence of debt; or
(d) A holder of an interest junior to the lien being foreclosed by virtue of
being a lienor or lessee of, or a holder of an easement or license on, the property or a contract vendee of the property, if the instrument evidencing the interest was recorded in the records prior to the date and time of the recording of the notice of election and demand or lis pendens. If, prior to the date and time of the recording of the notice of election and demand or lis pendens, a lien is recorded in an incorrect county, the holder's rights under this section shall only be valid if the lien is rerecorded in the correct county at least fifteen calendar days prior to the actual date of sale.
(2) (a) (I) Promptly upon receipt of a notice of intent to cure by the officer,
but no less than twelve calendar days prior to the date of sale, the officer shall transmit by mail, facsimile, or electronic means to the person executing the notice of election and demand a request for a statement of all sums necessary to cure the default. The attorney for the holder or servicer or, if none, the holder or servicer, shall file the cure statement with the officer, and the cure statement must set forth the amounts necessary to cure. Upon receipt of the statement of the amounts needed to cure, the officer shall transmit in writing to the person filing the notice of intent to cure the default:
(A) The cure statement; and
(B) A statement that the person filing the notice of intent to cure is entitled
to receive from the attorney for the holder or servicer or, if not represented, from the holder or servicer, upon written request mailed to the attorney for the holder or servicer or, if not represented, to the holder or servicer at the address stated on the cure statement, copies of receipts or other credible evidence to support the costs claimed on the cure statement. This request may be sent only after payment to the officer of the amount shown on the cure statement and must be sent within ninety days after payment of the cure amount.
(II) If a cure statement is required pursuant to subparagraph (I) of this
paragraph (a), the holder of the evidence of debt shall submit a signed and acknowledged cure statement, or the office of the attorney for the holder shall submit a signed cure statement, specifying the following amounts, itemized in substantially the following categories and in substantially the following form:
CURE STATEMENT
To:_________
Public Trustee (or Sheriff) of the County (or City and County) of____, State of Colorado (hereinafter the officer).
Foreclosure sale number: ____
Grantor: ____
The date through which the
cure statement is effective: ____
The following is an itemization of all sums necessary to cure the default (any amount that is based on a good faith estimate is indicated with an asterisk):
Payments due under the evidence of debt:
_ payments of $ _ each
Accrued late charges ____
Other amounts due under the evidence of debt
(specify)
__________ __________
__________ __________
Property inspections ____
Property, general liability,
and casualty insurance ____
Certificate of taxes due ____
Property taxes paid by the holder ____
Owner association
assessment paid by the holder ____
Permitted amounts paid on
prior liens ____
Less impound/escrow account credit ____
Plus impound/escrow account
deficiency ____
Title costs ____
Rule 120 docket fee ____
Rule 120 posting costs ____
Court costs ____
Postage/delivery costs ____
Service/posting costs ____
Attorney fees ____
Other fees and costs (specify):
__________ __________
__________ __________
Reinstatement total $ ____
(Does not include officer's fees and costs)
Officer's fees and costs $ ____
(To be added by officer)
Total to cure $ ____
(To be added by officer)
IT MAY TAKE SEVERAL DAYS BEFORE THE CURE IS PROCESSED AND ENTERED INTO THE HOLDER'S RECORDS.
The total to cure does not include any future monthly mortgage payments that may be due.
Name of the holder of the evidence of debt
and the attorney for the holder:
Holder: _________________________________
Attorney: _______________________________
Printed name: ____________________________
Signature: ______________________________
Attorney address: ________________________
Attorney business telephone: _____________
(III) The cure statement is a representation of fact, made upon the current
information and belief of the person signing it. If the holder or servicer determines that there is an inaccurate amount contained in the cure statement, the holder or servicer, or the attorney for the holder or servicer, shall inform the officer immediately and provide a cure statement with updated figures; except that any additional or increased amounts must be added at least ten calendar days before the effective date of the original cure statement. If an inaccurate amount is reported and a corrected cure statement is not provided within the time specified in this subparagraph (III), the officer may continue the sale for one week in accordance with section 38-38-109 (1). An estimate as allowed under subsection (5) of this section is not an inaccurate amount for purposes of this subparagraph (III).
(IV) Within seven business days after the officer's notification to the holder
or servicer, or to the attorney for the holder or servicer, that the officer has received the funds necessary to cure the default as reflected on the initial or updated cure statement, the holder or servicer or the attorney for the holder or servicer shall deliver to the officer a final statement, reconciled for estimated amounts that were not or would not be incurred as of the date the cure proceeds were received by the officer, along with receipts or invoices for all rule 120 docket costs and all statutorily mandated posting costs claimed on the cure statement. All amounts of cure proceeds received by the officer in excess of the amounts reflected on the final statement shall be remitted by the officer to the person who paid the cure amount.
(V) (A) The holder or servicer shall remit to the person who paid the cure
amount any portion of the cure amount that represents a fee or cost listed on the cure statement that exceeds the amount actually incurred and that was not remitted by the officer in accordance with subparagraph (I) of paragraph (d) of this subsection (2).
(B) The officer shall remit to the person who paid the cure amount any
portion of the cure amount that represents a fee or cost of the officer that exceeds the amount actually incurred by the officer.
(VI) The holder or servicer is responsible for retaining receipts or other
credible evidence to support all costs claimed on the cure statement, including rule 120 docket fees and posting costs, and the person who paid the cure amount is entitled to receive copies upon written request mailed to the attorney for the holder or servicer or, if not represented, to the holder or servicer at the address stated on the cure statement. The request may be made at any time after payment to the officer of the amount shown on the cure statement, but must be made within ninety days after payment of the cure amount. The attorney for the holder or servicer or, if not represented, the holder or servicer shall provide copies of all receipts or other credible evidence within thirty days after receiving the request, and may provide the copies electronically.
(b) No later than 12 noon on the day before the sale, the person desiring to
cure the default shall pay to the officer all sums that are due and owing under the evidence of debt and deed of trust or other lien being foreclosed and all fees and costs of the holder of the evidence of debt allowable under the evidence of debt, deed of trust, or other lien being foreclosed through the effective date that are set forth in the cure statement; except that any principal that would not have been due in the absence of acceleration shall not be included in such sums due.
(c) If a cure is made, interest for the period of any continuance pursuant to
section 38-38-109 (1)(c) shall be allowed only at the regular rate and not at the default rate as may be specified in the evidence of debt, deed of trust, or other lien being foreclosed. If a cure is not made, interest at the default rate, if specified in the evidence of debt, deed of trust, or other lien being foreclosed, for the period of the continuance shall be allowed.
(d) (I) Upon receipt of the cure amount, and conditioned upon the withdrawal
or dismissal of the foreclosure from the holder or servicer or the attorney for the holder or servicer, the officer shall:
(A) Deliver the cure amount, less the fees and costs of the officer and any
adjustments required under subparagraph (III) of paragraph (a) of this subsection (2), to the attorney for the holder or servicer or, if none, to the holder or servicer; and
(B) Obtain and retain, in the officer's records, the name and mailing address
of the person who paid the cure amount.
(II) Following the withdrawal or dismissal, the evidence of debt shall be
returned uncancelled to the attorney for the holder or servicer or, if none, to the holder or servicer by the public trustee or to the court by the sheriff.
(3) Where the default in the terms of the evidence of debt, deed of trust, or
other lien on which the holder of the evidence of debt claims the right to foreclose is the failure of a party to furnish balance sheets or tax returns, any person entitled to cure pursuant to paragraph (a) of subsection (2) of this section may cure such default in the manner prescribed in this section by providing to the holder or the attorney for the holder the required balance sheets, tax returns, or other adequate evidence of the party's financial condition so long as all sums currently due under the evidence of debt have been paid and all amounts due under paragraph (b) of subsection (2) of this section, where applicable, have been paid.
(4) Any person liable on the debt and the grantor of the deed of trust or
other lien being foreclosed shall be deemed to have given the necessary consent to allow the holder of the evidence of debt or the attorney for the holder to provide the information specified in paragraph (a) of subsection (2) of this section to the officer and all other persons who may assert a right to cure pursuant to this section.
(5) A cure statement pursuant to paragraph (a) of subsection (2) of this
section shall state the period for which it is effective. The cure statement shall be effective for at least ten calendar days after the date the cure statement is received by the officer or until the last day to cure under paragraph (b) of subsection (2) of this section, whichever occurs first. The cure statement shall be effective for no more than thirty calendar days after the date the cure statement is received by the officer or until the last day to cure under paragraph (b) of subsection (2) of this section, whichever occurs first. The use of good faith estimates in the cure statement with respect to interest and fees and costs is specifically authorized by this article, so long as the cure statement states that it is a good faith estimate effective through the last day to cure as indicated in the cure statement. The use of a good faith estimate in the cure statement shall not change or extend the period or effective date of a cure statement.
(6) Following expiration of the period for which the cure statement is
effective, but no less than fifteen calendar days prior to the date of sale, the person who originally submitted the notice of intent to cure may make a written request to the public trustee for an update of the amount necessary to cure. Upon receipt by the public trustee of such written request for updated cure figures, subsection (2) of this section shall apply.
(7) If the holder of the evidence of debt or the attorney for the holder
receives a request for a cure statement under paragraph (a) of subsection (2) of this section and does not file a cure statement with the officer by the earlier of ten business days after receipt of the request or the eighth calendar day before the date of the sale, the officer shall continue the sale for one week. Thereafter and until the cure statement is filed, the officer shall continue the sale an additional week for each week that the holder fails to file the cure statement; except that the sale shall not be continued beyond the period of continuance allowed under section 38-38-109 (1)(a). A cure statement must be received by 12 noon on the day it is due in order to meet a deadline set forth in this subsection (7).
Source: L. 90: Entire article R&RE, p. 1657, � 2, effective October 1. L. 91: (2)
amended, p. 1922, � 53, effective June 1. L. 92: (1) amended, p. 2090, � 3, effective July 1. L. 94: (2.5) added, p. 1674, � 1, effective July 1. L. 2002: Entire section amended, p. 1336, � 8, effective July 1. L. 2006: Entire section R&RE amended, p. 1449, � 10, effective January 1, 2008. L. 2007: IP(1) and (5) amended, p. 1833, � 8, effective January 1, 2008. L. 2009: (1)(a)(V), (1)(d), and (2)(a) amended and (6) and (7) added, (HB 09-1207), ch. 164, p. 710, � 7, effective January 1, 2010. L. 2012: (2)(a), (2)(b), (5), and (7) amended, (SB 12-030), ch. 96, p. 315, � 6, effective September 1. L. 2014: (2)(a)(I) and (2)(d) amended and (2)(a)(III), (2)(a)(IV), (2)(a)(V), and (2)(a)(VI) added, (HB 14-1130), ch. 156, p. 542, � 3, effective May 9.
Editor's note: (1) This section is similar to former � 38-39-118, as it existed
prior to 1990.
(2) The effective date for amendments made to this section by chapter 305,
Session Laws of Colorado 2006, was changed from July 1, 2007, to January 1, 2008, by section 27 of chapter 404, Session Laws of Colorado 2007. (See L. 2007, p. 1849.)
C.R.S. § 38-38-106
38-38-106. Bid required - form of bid. (1) (a) The holder of the evidence of debt or the attorney for the holder shall submit a bid setting forth the holder's initial bid for the property that is received by the officer no later than 12 noon on the second business day prior to the date of sale as provided in this section. In addition, if the sale will be conducted electronically, the holder may also include a maximum bid for the property. The holder or the attorney for the holder need not personally attend the sale. If the sale will be conducted electronically and the holder has elected to include a maximum bid, the bid shall be increased electronically in increments incorporated in the electronic program used by the officer to conduct the electronic sale up to such maximum bid if one or more third parties submit competing bids for the property.
(b) If the bid is not received by the officer by the deadline, the officer shall
continue the sale for one week and shall announce or post a notice of the continuance at the time and place designated for the sale.
(2) The holder of the evidence of debt shall submit a signed and
acknowledged bid, or the attorney for the holder shall submit a signed bid, which must specify the following amounts, itemized in substantially the following categories and in substantially the following form:
BID
To:
Public Trustee (or Sheriff) of the County (or City and County) of , State of Colorado (hereinafter the officer).
Date:
, whose mailing address is , bids the sum of $ in
your Sale No. to be held on the day of , 20 .
The following is an itemization of all amounts due the holder of the evidence of debt secured by the deed of trust or other lien being foreclosed.
Street address of property being
foreclosed, if known: ____
Regular [ ] / default [ ] rate of interest as of the date of
sale: ____
(Inapplicable items may be omitted):
Amounts due under the evidence of debt:
Principal $ __________
Interest __________
Late charges __________
Allowable prepayment penalties
or premiums __________
Other amounts due under the evidence of debt
(specify) __________
__________ __________
__________ __________
Category subtotal: $ __________
Other fees and costs advanced by the holder of evidence of
debt:
Property, general liability, and
casualty insurance __________
Property inspections __________
Appraisals __________
Taxes and assessments __________
Utility charges owed or incurred __________
Owner association
assessment paid __________
Permitted amounts paid on
prior liens __________
Permitted lease payments __________
Less impound/escrow account credit __________
Plus impound/escrow account deficiency __________
Other (describe) __________
Category subtotal: $ __________
Attorney fees and advances:
Attorney fees __________
Title commitments and insurances or abstractor
charges __________
Court docketing ____
Statutory notice __________
Postage __________
Electronic transmissions __________
Photocopies __________
Telephone __________
Other (describe) __________
Category subtotal: $ __________
Officer fees and costs:
Officer statutory fee __________
Publication charges __________
Certificate of purchase
recording fee __________
Confirmation deed fee __________
Confirmation deed
recording fee __________
Other (describe) __________
Category subtotal: $ __________
Total due holder of the evidence of debt __________
Initial Bid $ __________
Deficiency $ __________
I enclose herewith the following:
-
Order authorizing sale.
-
Check (if applicable) to your order in the sum of $_____ covering the balance of your fees and costs.
-
Other: .
Please send us the following:
-
Promissory note with the deficiency, if any, noted thereon
-
Refund for overpayment of officer's fees and costs, if any
-
Other: .
Name of the holder of the evidence of debt and the attorney for the holder: Holder: Attorney: By: Attorney registration number: Attorney address: Attorney business telephone:(3) Upon receipt of the initial bid from the holder of the evidence of debt or the attorney for the holder, the officer shall make such information available to the general public.
(4) The officer shall enter the bid by reading the bid amount set forth on the bid and the name of the person that submitted the bid or by posting or providing such bid information at the time and place designated for sale.
(5) Bids submitted pursuant to this section may be amended by the holder of the evidence of debt or the attorney for the holder in writing or electronically, as determined by the officer pursuant to section 38-38-112, no later than 12 noon the day prior to the sale, or orally at the time of sale if the person amending the bid is physically present at the sale or electronically during the sale if the sale is conducted by means of the internet or another electronic medium. A bid submitted pursuant to this section may be modified orally at the time of sale if the person making the modification modifies and reexecutes the bid at the sale.
(6) The holder of the evidence of debt or the attorney for the holder shall bid at least the holder's good faith estimate of the fair market value of the property being sold, less the amount of unpaid real property taxes and all amounts secured by liens against the property being sold that are senior to the deed of trust or other lien being foreclosed and less the estimated reasonable costs and expenses of holding, marketing, and selling the property, net of income received; except that the holder or the attorney for the holder need not bid more than the total amount due to the holder as specified in the bid pursuant to subsection (2) of this section. The failure of the holder to bid the amount required by this subsection (6) shall not affect the validity of the sale but may be raised as a defense by any person sued on a deficiency.
(7) (a) (I) Other than a bid by the holder of the evidence of debt not exceeding the total amount due shown on the bid pursuant to subsection (2) of this section, the payment of any bid amount at sale must be received by the officer no later than the date and time of the sale, or at an alternative time after the sale and on the day of the sale, as specified in writing by the officer. The payment must be in the form specified in section 38-37-108. If the officer has not received full payment of the bid amount from the highest bidder at the sale pursuant to this subsection (7), the next highest bidder who has timely tendered the full amount of the bid under this subsection (7) is deemed the successful bidder at the sale.
(II) If the holder of the evidence of debt is the highest bidder with a bid that exceeds the total amount due shown on the bid pursuant to subsection (2) of this section, the holder of the evidence of debt is only required to pay the excess of the amount bid over the amount due the holder of the evidence of debt, as shown on the bid submitted pursuant to subsection (2) of this section.
(b) The officer may establish written policies relating to all aspects of the foreclosure sale that are consistent with the provisions of this article. The written policies shall be made available to the general public.
Source: L. 90: Entire article R&RE, p. 1658, � 2, effective October 1. L. 91: (1) and (2) amended, p. 1922, � 54, effective June 1. L. 2002: (2) amended, p. 1339, � 9, effective July 1. L. 2006: Entire section R&RE, p. 1452, � 12, effective January 1, 2008. L. 2007: (5) amended, p. 1834, � 10, effective January 1, 2008. L. 2009: (2) and (7) amended, (HB 09-1207), ch. 164, p. 712, � 9, effective September 1. L. 2012: (1) and (2) amended, (SB 12-030), ch. 96, p. 318, � 8, effective September 1. L. 2015: (1), (2), and (5) amended, (HB 15-1142), ch. 113, p. 339, � 4, effective September 1. L. 2018: (2) and (7)(a) amended, (HB 18-1254), ch. 138, p. 903, � 4, effective August 8.
Editor's note: (1) This section is similar to former � 38-37-142, as it existed prior to 1990.
(2) The effective date for amendments made to this section by chapter 305, Session Laws of Colorado 2006, was changed from July 1, 2007, to January 1, 2008, by section 27 of chapter 404, Session Laws of Colorado 2007. (See L. 2007, p. 1849.)
C.R.S. § 38-38-107
38-38-107. Fees and costs - definitions. (1) All fees and costs of every kind and nature incurred under the provisions of articles 37 to 39 of this title shall be fees and costs of the sale chargeable as additional amounts owing under the deed of trust or other lien being foreclosed. The amounts shall be deducted from the proceeds of any sale, or, if there are not cash proceeds from a sale adequate to pay such amounts, to the extent of the inadequacy, the amounts shall be paid by the holder of the evidence of debt. The officer may decline to issue the confirmation deed pursuant to section 38-38-501 until all sums due to the officer have been paid.
(2) (Deleted by amendment, L. 2006, p. 1455, � 13; L. 2007, p. 1849, � 27,
effective January 1, 2008.)
(3) Fees and costs include but are not limited to the following amounts that
have been paid or incurred:
(a) Costs and expenses allowable under the evidence of debt, deed of trust,
or other lien being foreclosed; and
(b) Reasonable attorney fees and the costs incurred by the holder or the
attorney for the holder in enforcing the evidence of debt, the deed of trust, or other lien being foreclosed or in defending, protecting, and insuring the holder's interest in the foreclosed property or any improvements on the property, including but not limited to:
(I) All expenses actually incurred by the officer conducting the sale,
publication costs, statutory notice costs and postage, and appraisal fees;
(II) Any general or special taxes or ditch or water assessments levied or
accruing against the property and any governmental or quasi-governmental lien, fine, penalty, or assessment against the property;
(III) The premiums on any property, casualty, general liability, or title
insurance acquired to protect the holder's interest in the property or improvements on the property;
(IV) Sums due on any prior lien or encumbrance on the property, including
the portion of an assessment by a homeowners' association that constitutes a lien prior to the lien being foreclosed; except that any principal that would not have been due in the absence of acceleration shall not be included in the sum due unless paid after the expiration of the time to cure the indebtedness pursuant to this article;
(V) If the property is subject to a lease, all sums due under the lease;
(VI) The reasonable costs and expenses of defending, protecting, securing,
and maintaining and repairing the property and the holder's interest in the property or the improvements on the property, receiver's fees and expenses, inspection fees, court costs, attorney fees, and fees and costs of the attorney in the employment of the owner of the evidence of debt;
(VII) Costs and expenses made pursuant to a valid order from a court of
competent jurisdiction to bring the property and the improvements on the property into compliance with the federal, state, county, and local laws, ordinances, and regulations affecting the property, the improvements on the property, or the use of the property; and
(VIII) Other costs and expenses that may be permitted by the deed of trust,
mortgage, or other lien securing the debt or that may be authorized by a court of competent jurisdiction.
(c) As used in this subsection (3), holder means the holder of the certificate
of purchase, the holder of the certificate of redemption, or the holder of the evidence of debt.
(4) In the case of a redemption, the fees and costs listed in subsection (3) of
this section that the holder of the certificate of purchase or certificate of redemption has paid or incurred as of the time of filing of the statement for redemption are allowable and shall be included in the statement of redemption if such amounts have not been included in a prior bid or statement of redemption.
(5) Notwithstanding the provisions of subsections (1), (3), and (4) of this
section, a holder of an evidence of debt, certificate of purchase, or certificate of redemption shall not accept from a provider of services or products related to property inspection, broker's price opinion, title report, appraisal, insurance, repair, or maintenance or from an agent or affiliate of the provider any payment, benefit, or remuneration of any kind, whether in the form of cash, employee, advertising, computer program or service, bank deposit, or other good or service in connection with a foreclosure in which a property inspection, broker's price opinion, title report, appraisal, insurance, repair, or maintenance service or product of the provider or an agent or affiliate of the provider was used, unless the total value of all payment, benefit, or remuneration received by the holder from the provider of the service or product is shown and credited against amounts owed to the holder in each bid, cure statement, or redemption statement.
Source: L. 90: Entire article R&RE, p. 1659, � 2, effective October 1. L. 2001:
(2) amended, p. 1068, � 4, effective September 1. L. 2005: (2) amended, p. 398, � 4, effective August 8. L. 2006: Entire section amended, p. 1455, � 13, effective January 1, 2008.
Editor's note: (1) This section is similar to former � 38-37-119, as it existed
prior to 1990.
(2) The effective date for amendments made to this section by chapter 305,
Session Laws of Colorado 2006, was changed from July 1, 2007, to January 1, 2008, by section 27 of chapter 404, Session Laws of Colorado 2007. (See L. 2007, p. 1849.)
C.R.S. § 8-14-102
8-14-102. Scaffolding - complaints - duty of building inspector. (1) Whenever complaint is made to the building inspector of any town or city wherein work is being done that the scaffolding or the slings, hangers, blocks, pulleys, stays, braces, ladders, or ropes of any swinging or stationary scaffolding used in the construction, alteration, repairing, painting, cleaning, or pointing of buildings within the limits of such city are unsafe or liable to prove dangerous to the life or limb of any person, the building inspector shall immediately cause an inspection to be made of the scaffolding or the slings, hangers, blocks, pulleys, stays, braces, ladders, irons, or other parts connected therewith. If, after examination, the scaffolding or any of the parts are found to be dangerous to life or limb, the building inspector shall prohibit the use thereof and require the same to be altered and reconstructed to avoid such danger. The building inspector making the examination shall attach a certificate to the scaffolding or the slings, hangers, irons, ropes, or other parts thereof examined by him stating that he has made an examination and that he has found it safe or unsafe, as the case may be. If he declares it unsafe, he shall notify the person responsible for its erection of the fact at once, in writing, and warn him against the use thereof. Such notice may be served personally upon the person responsible for its erection or by affixing it conspicuously to the scaffolding or the part thereof declared to be unsafe. After the notice has been so served or affixed, the person responsible therefor shall immediately remove the scaffolding or part thereof or alter or strengthen it in such manner as to render it safe, in the discretion of the officer who has examined it.
(2) The building inspector, whose duty it is to examine or test any scaffolding
or part thereof as required by this section, shall have free access at all reasonable hours to any building or premises containing scaffolding or where it is in use. All swinging or stationary scaffolding shall be so constructed as to bear four times the maximum weight required to be dependent therefrom or placed thereon when in use, and not more than four men shall be allowed on any swinging scaffolding at one time.
Source: L. 13: p. 448, � 2. C.L. � 4187. CSA: C. 97, � 118. CRS 53: � 80-16-2.
C.R.S. 1963: � 80-13-2.
C.R.S. § 8-14-104
8-14-104. Building inspector to enforce - prosecutions. The building inspector shall enforce all the provisions of this article. He shall investigate complaints made to him of violations of such provisions, and, if he finds that such complaints are well-founded, he shall issue an order directed to the person or corporation complained of requiring such person or corporation to comply with those provisions. If such order is disregarded, the building inspector shall present to the district attorney of the proper county all the facts ascertained by him in regard to the alleged violation and all other papers, documents, or evidence pertaining thereto which he has in his possession. The district attorney to whom such presentation is made shall proceed at once to prosecute the person or corporation for the violations complained of.
Source: L. 13: p. 450, � 4. C.L. � 4189. CSA: C. 97, � 120. CRS 53: � 80-16-4.
C.R.S. 1963: � 80-13-4.
C.R.S. § 9-5-106
9-5-106. Implementation plan. The builder of any project regulated by this article shall create an implementation plan that guarantees the timely and evenly phased delivery of the required number of accessible units. Such plan shall clearly specify the number and type of units required and the order in which they are to be completed. Such implementation plan shall be subject to approval by the entity with enforcement authority in such project's jurisdiction. The implementation plan shall not be approved if more than thirty percent of the project is intended to be completed without providing a portion of accessible units required by section 9-5-105; except that, if an undue hardship can be demonstrated, or other guarantees provided are deemed sufficient, the jurisdiction having responsibility for enforcement may grant exceptions to this requirement. The implementation plan shall be approved by the governmental unit responsible for enforcement before a building permit is issued.
Source: L. 2003: Entire article amended with relocations, p. 1421, � 1,
effective April 29.
ARTICLE 5.5
Elevator and Escalator
Certification
9-5.5-101. Short title. This article shall be known and may be cited as the
Elevator and Escalator Certification Act.
Source: L. 2007: Entire article added, p. 1412, � 1, effective January 1, 2008.
9-5.5-102. Legislative declaration. The general assembly hereby declares
that in order to ensure minimum safety standards throughout Colorado, the regulation of conveyances is a matter of statewide concern. Nothing in this article shall be construed to prevent a local jurisdiction from regulating conveyances.
Source: L. 2007: Entire article added, p. 1412, � 1, effective January 1, 2008.
9-5.5-103. Definitions. As used in this article 5.5, unless the context
otherwise requires:
(1) Accredited national conveyance association means a conveyance
association that is accredited to certify conveyance inspectors by a nationally recognized standards association, including, without limitation, ASME or ASCE.
(2) Administrator means the director of the division of oil and public safety
within the department of labor and employment or the director's designee.
(3) Approved local jurisdiction means a local jurisdiction that has been
approved by the administrator pursuant to section 9-5.5-112.
(4) ASCE means the American society of civil engineers or its successor.
(5) ASCE 21 means the American society of civil engineers automated
people mover standards published as ASCE standard number ASCE 21-96 as amended by ASCE.
(6) ASME means the American society of mechanical engineers or its
successor.
(7) ASME A17.1 means the safety code for elevators and escalators
published as A17.1 - 2000 Safety Code for Elevators and Escalators as amended by ASME international.
(8) ASME A17.3 means the safety code for elevators and escalators
published as A17.3 - 2002 Safety Code for Existing Elevators and Escalators as amended by ASME international.
(9) ASME A18.1 means the safety code for elevators and escalators
published as A18.1 - 2003 Safety Standard for Platform Lifts and Stairway Chairlifts as amended by ASME international.
(10) Certificate of operation means a document issued by the administrator
or an approved local jurisdiction for a conveyance indicating that the conveyance has been inspected by the administrator, an approved local jurisdiction, or a licensed third-party conveyance inspector and approved under this article.
(11) Conveyance means a mechanical device to which this article applies
pursuant to section 9-5.5-104.
(12) Conveyance contractor means a person who engages in the business
of erecting, constructing, installing, altering, servicing, repairing, or maintaining conveyances.
(13) Conveyance helper or apprentice means a person who works under the
general direction of a certified conveyance mechanic.
(14) Conveyance mechanic means a person who erects, constructs, installs,
alters, services, repairs, or maintains conveyances.
(15) Dormant conveyance means a conveyance that has been temporarily
placed out of service.
(15.5) Fund means the conveyance safety fund created in section 9-5.5-111
(2)(b).
(16) Licensee means a person who is licensed as a conveyance contractor,
conveyance mechanic, or conveyance inspector pursuant to this article.
(17) Local jurisdiction means a city, county, or city and county or any agent
thereof.
(18) Private residence means a separate dwelling, or a separate apartment
in a multiple-apartment dwelling, that is occupied by members of a single-family unit.
(18.5) Private residence conveyance means a powered passenger
conveyance that is limited in size, capacity, rise, and speed and is designed to be installed in a private residence or in a multiple-family dwelling as a means of access to a private residence.
(19) Single-family residence means a private residence that is a separate
building or an individual residence that is part of a row of residences joined by common sidewalls.
(20) Third-party conveyance inspector means a disinterested conveyance
inspector who is retained to inspect a conveyance but is not employed by or affiliated with the owner of the conveyance nor the conveyance mechanic whose repair, alteration, or installation is being inspected.
Source: L. 2007: Entire article added, p. 1412, � 1, effective January 1, 2008. L.
2010: (10) amended and (18.5) added, (HB 10-1231), ch. 75, p. 254, � 1, effective August 11. L. 2025: IP amended and (15.5) added, (SB 25-275), ch. 377, p. 2035, � 34, effective August 6.
9-5.5-104. Scope. (1) Except as provided in subsection (2) of this section,
this article applies to the design, construction, operation, inspection, testing, maintenance, alteration, and repair of the following equipment:
(a) Hoisting and lowering mechanisms equipped with a car or platform that
moves between two or more landings. Such equipment includes elevators and platform lifts, personnel hoists, and dumbwaiters.
(b) Power-driven stairways and walkways for carrying persons between
landings. Such equipment includes, but is not limited to, escalators and moving walks.
(c) Automated people movers as defined in ASCE 21.
(2) This article 5.5 does not apply to the following:
(a) Material hoists;
(b) Manlifts;
(c) Mobile scaffolds, towers, and platforms;
(d) Powered platforms and equipment for exterior and interior maintenance;
(e) Conveyors and related equipment;
(f) Cranes, derricks, hoists, hooks, jacks, and slings;
(g) Industrial trucks within the scope of ASME publication B56;
(h) Items of portable equipment that are not portable escalators;
(i) Tiering or piling machines used to move materials between storage
locations that operate entirely within one story;
(j) Equipment for feeding or positioning materials at machine tools, printing
presses, and other similar equipment;
(k) Skip or furnace hoists;
(l) Wharf ramps;
(m) Railroad car lifts or dumpers;
(n) Line jacks, false cars, shafters, moving platforms, and similar equipment
used by a certified conveyance contractor for installing a conveyance;
(o) Conveyances at facilities regulated by the mine safety and health
administration in the United States department of labor, or its successor, pursuant to the Federal Mine Safety and Health Act of 1977, Pub.L. 91-173, codified at 30 U.S.C. sec. 801 et seq., as amended;
(p) Elevators within the facilities of gas or electric utilities that are not
accessible to the public;
(q) A passenger tramway as defined in section 12-150-103 (5);
(r) Conveyances in a single-family residence; or
(s) Stairway chair lifts as defined in ASME A18.1 - 2005.
(3) This article shall not be construed to prohibit a local jurisdiction from
regulating conveyances if the local jurisdiction has standards that meet or exceed the standards established by this article.
Source: L. 2007: Entire article added, p. 1414, � 1, effective January 1, 2008. L.
2010: IP(1), (1)(a), IP(2), (2)(q), and (2)(r) amended and (2)(s) added, (HB 10-1231), ch. 75, pp. 254, 255, �� 2, 3, effective August 11. L. 2019: IP(2) and (2)(q) amended, (HB 19-1172), ch. 136, p. 1650, � 28, effective October 1.
9-5.5-105. Similar or higher standards authorized. This article shall not be
construed to prevent the use of systems, methods, or devices of equivalent or superior quality, strength, fire resistance, code effectiveness, durability, and safety to those required by this article if technical documentation demonstrates such equivalency or superiority.
Source: L. 2007: Entire article added, p. 1415, � 1, effective January 1, 2008.
9-5.5-106. License required. (1) (a) A person shall not erect, construct, alter,
replace, maintain, remove, or dismantle a conveyance within a building or structure unless the person is licensed as a conveyance mechanic and is working under the supervision of a certified conveyance contractor. A person shall not wire a conveyance unless the person is licensed as a conveyance mechanic and is working under the supervision of a certified conveyance contractor. No other license shall be required for work described in this paragraph (a).
(b) A person shall not be required to be a certified conveyance contractor or
licensed conveyance mechanic to remove or dismantle conveyances that are destroyed as a result of a complete demolition of a secured building or structure or where the hoistway or wellway is demolished back to the basic support structure and no access that endangers the safety of a person is permitted.
(c) A conveyance helper or apprentice shall not be required to be licensed
when working under the supervision of a licensed conveyance mechanic.
(2) A person shall not inspect a conveyance within a building or structure,
including but not limited to a private residence, for purposes of the issuance of a certificate of operation unless licensed as a conveyance inspector.
Source: L. 2007: Entire article added, p. 1415, � 1, effective January 1, 2008.
9-5.5-107. License qualifications - contractor - mechanic - inspector. (1) (a)
To be licensed, a person shall apply solely with the administrator. An applicant shall not be licensed as a conveyance mechanic unless the applicant possesses a certificate of completion of a conveyance mechanic program as approved by the administrator.
(b) In lieu of qualifying pursuant to paragraph (a) of this subsection (1), an
applicant shall qualify if the applicant holds a valid license from another state having standards that, at a minimum, are substantially similar to those imposed by this article as determined by the administrator.
(c) In lieu of qualifying pursuant to paragraph (a) of this subsection (1), an
applicant shall qualify if the applicant:
(I) Has passed an examination, as determined by the administrator, on the
codes and standards that apply to conveyances; and
(II) Furnishes to the administrator acceptable evidence that the applicant
worked as a conveyance mechanic for at least three years without direct supervision.
(d) Repealed.
(2) (a) An applicant shall not be licensed as a conveyance inspector unless
the applicant is certified to inspect conveyances by a nationally recognized conveyance association.
(b) Repealed.
(c) In lieu of qualifying pursuant to paragraph (a) of this subsection (2), an
applicant appointed or designated as a conveyance inspector shall qualify if the applicant is eligible to, and intends to, become nationally certified within one year. A license issued pursuant to this section shall expire upon the termination of employment with the local jurisdiction or after one year from the date of licensure, whichever occurs first. A license issued pursuant to this paragraph (c) shall not be eligible for renewal unless the applicant has obtained national certification.
(3) (a) A person who is not qualified to be a conveyance contractor shall not
be certified as a conveyance contractor.
(b) To qualify to be a certified conveyance contractor, an applicant shall
demonstrate the following qualifications:
(I) The applicant shall employ at least one licensed conveyance mechanic;
and
(II) The applicant shall comply with the insurance requirements in section 9-5.5-115.
(c) Repealed.
Source: L. 2007: Entire article added, p. 1416, � 1, effective January 1, 2008. L.
2008: (2)(c) added, p. 1996, � 1, effective July 1. L. 2010: (3)(c) repealed, (HB 10-1231), ch. 75, p. 255, � 4, effective August 11.
Editor's note: (1) Subsection (1)(d)(II) provided for the repeal of subsection
(1)(d), effective July 1, 2008. (See L. 2007, p. 1416.)
(2) Subsection (2)(b)(II) provided for the repeal of subsection (2)(b), effective
July 1, 2011. (See L. 2007, p. 1416.)
9-5.5-108. License - rules - issuance - renewal - fee. (1) (a) Upon the
administrator's approval of an application, the administrator shall license the conveyance contractor, conveyance mechanic, or conveyance inspector.
(b) The administrator shall promulgate rules requiring a conveyance
mechanic to obtain at least eight hours of continuing education every two years.
(2) (a) When an emergency exists in this state due to a disaster, act of God,
or work stoppage and the number of certified conveyance mechanics in the state is insufficient to deal with the emergency, a certified conveyance contractor may respond as necessary to assure the safety of the public. A person who, in the judgment of a certified conveyance contractor, has an acceptable combination of documented experience and education to perform conveyance work without direct supervision shall seek an emergency conveyance mechanic certification from the administrator within five business days after commencing work for which certification as a conveyance mechanic is required.
(b) The administrator shall issue emergency conveyance mechanic
certifications pursuant to paragraph (a) of this subsection (2). The certified conveyance contractor recommending a person for an emergency conveyance mechanic certification shall furnish such proof of the person's competency as the administrator may require.
(c) Each emergency conveyance mechanic certification shall be, and shall
state that it is, valid for sixty days after the date of issuance and for such particular conveyances or geographical areas as the administrator may designate. Such certification shall entitle the holder to the rights of a certified conveyance mechanic. The administrator shall renew an emergency conveyance mechanic certification during the existence of an emergency. No fee shall be charged for the issuance or renewal of an emergency conveyance mechanic certification.
(3) (a) A certified conveyance contractor shall notify the administrator when
there are no certified conveyance mechanics available to perform conveyance work. The certified conveyance contractor may request that the administrator issue a temporary conveyance mechanic certification to a person who, in the judgment of the certified conveyance contractor, has an acceptable combination of documented experience and education to perform conveyance work without direct supervision. Any such person shall immediately seek a temporary conveyance mechanic certification from the administrator and shall pay such fee as the administrator shall determine.
(b) Each such certification shall be, and shall state that it is, valid for thirty
days after the date of issuance and while employed by the certified conveyance contractor who certified the individual as qualified. The certification shall be renewable as long as there is a shortage of licensed conveyance mechanics.
(4) Except for certified inspectors who qualified during the immediately
preceding twelve months, the administrator shall not renew a certification issued under this section unless the person meets the qualifications for certification under section 9-5.5-107.
(5) The administrator shall establish and collect annual fees for licenses
issued pursuant to this section. The fees shall be in an amount to offset the direct and indirect costs of administering this article.
Source: L. 2007: Entire article added, p. 1417, � 1, effective January 1, 2008.
9-5.5-109. License discipline. (1) A certification issued pursuant to this
article may be suspended or revoked upon a finding by the administrator of any of the following:
(a) A false statement in the application concerning a material matter;
(b) Fraud, misrepresentation, or bribery in applying for certification;
(c) Failure to notify the owner or lessee of a conveyance and the
administrator or approved local jurisdiction, if any, of a condition not in compliance with this article; or
(d) A violation of any provision of this article or of any rule adopted pursuant
to this article.
(2) The suspension or revocation of a license shall be made as a result of a
notice of violation in accordance with section 8-20-104, C.R.S.
(3) The administrator shall not issue a license to a person whose license has
been revoked within the last two years.
Source: L. 2007: Entire article added, p. 1418, � 1, effective January 1, 2008. L.
2010: (1)(c) amended, (HB 10-1231), ch. 75, p. 255, � 5, effective August 11.
9-5.5-110. Accident reports. The owner shall report to the administrator or
an approved local jurisdiction, within twenty-four hours, any accident that results in serious injury to an individual.
Source: L. 2007: Entire article added, p. 1419, � 1, effective January 1, 2008.
9-5.5-111. Registration of existing conveyances - conveyance safety fund -
created. (1) On or before August 1, 2008, the owner or lessee of every existing conveyance shall register the conveyance with the administrator. The registration shall include the type, rated load and speed, name of manufacturer, location, intended purpose for use, and such additional information as the administrator may require. Conveyances constructed or completed after July 1, 2008, shall be registered before they are placed in service.
(2) (a) The administrator shall set annual fees on conveyances for which the
administrator has issued the current certificate of operation in an amount necessary to offset the costs of registration and of the administration of this article in accordance with section 24-4-104, C.R.S.
(b) Fees collected pursuant to this article 5.5 shall be transmitted to the
state treasurer, who shall credit the same to the conveyance safety fund, which is hereby created in the state treasury. Moneys in the fund shall be subject to annual appropriation by the general assembly and shall be used to implement this article 5.5. The moneys in the fund and interest earned on the moneys in the fund shall not revert to the general fund or be transferred to any other fund.
(3) Repealed.
Source: L. 2007: Entire article added, p. 1419, � 1, effective January 1, 2008. L.
2015: (2)(b) amended, (HB 15-1261), ch. 322, p. 1313, � 4, effective June 5. L. 2020: (3) added, (HB 20-1406), ch. 178, p. 811, � 4, effective June 29. L. 2021: (3) repealed, (SB 21-266), ch. 423, p. 2795, � 6, effective July 2. L. 2025: (2)(b) amended, (SB 25-275), ch. 377, p. 2035, � 35, effective August 6.
9-5.5-112. Compliance - rules. (1) The administrator shall promulgate rules
for the construction, alteration, repair, service, and maintenance of conveyances. Except as provided in subsection (3) of this section, such rules shall conform to the following standards:
(a) ASCE 21;
(b) ASME A17.1;
(c) ASME A17.3; and
(d) ASME A18.1.
(2) (a) The administrator shall determine whether a local jurisdiction's
standards are equal to or greater than those of this article. If so, then the administrator shall enter into a memorandum of agreement with the local jurisdiction that approves the jurisdiction's authority to regulate conveyances.
(b) The administrator may establish a schedule for a local jurisdiction to
adopt updated standards, equaling or exceeding the standards imposed under subsection (1) of this section, which shall be adopted within a reasonable amount of time as needed for a local jurisdiction to update its standards.
(3) (a) (I) Except as provided in subparagraph (II) of this paragraph (a), the
administrator shall promulgate rules exempting a conveyance installed before July 1, 2008, from compliance with ASME A17.3 until approval is required by section 9-5.5-113 for substantial alteration or remodeling of the conveyance.
(II) The administrator shall, in cooperation with local jurisdictions,
promulgate rules that authorize the administrator or a local jurisdiction to require an elevator to comply with any portion of ASME A17.3 necessary to protect against a material risk to the public safety.
(b) In promulgating the rules required by subsection (1) of this section, the
administrator may adopt changes to the standards listed in subsection (1) of this section that the administrator deems to be in the public interest, including, without limitation, adopting modifications to, changing the applicability of, exempting conveyances from, changing inspector witnessing requirements of, and defining events that trigger the applicability of all or a portion of the standards.
Source: L. 2007: Entire article added, p. 1419, � 1, effective January 1, 2008. L.
2008: Entire section amended, p. 1996, � 2, effective July 1.
9-5.5-113. Conveyance - installation and repair - notice of construction and
initial inspection. (1) The owner or lessee of a conveyance shall not erect, construct, install, or alter a conveyance within a building or structure unless it conforms to the rules adopted by the administrator under this article and the work is performed by a certified conveyance contractor.
(2) The owner or lessee of a conveyance shall not erect, construct, or install
a conveyance within a building or structure unless a notice, including the construction plans, has been sent to the administrator or approved local jurisdiction at least thirty days prior to construction and the administrator or approved local jurisdiction has approved the construction.
(3) The owner or lessee of the property where a new or altered conveyance is
located shall not operate or permit it to be operated unless:
(a) The conveyance has passed an initial inspection conducted by the
administrator, approved local jurisdiction, or third-party inspector;
(b) The person conducting the inspection determines that the conveyance is
safe and complies with the rules adopted by the administrator or approved local jurisdiction; and
(c) The administrator or approved local jurisdiction has issued a certificate of
operation for the conveyance.
Source: L. 2007: Entire article added, p. 1419, � 1, effective January 1, 2008. L.
2010: Entire section amended, (HB 10-1231), ch. 75, p. 255, � 6, effective August 11.
9-5.5-114. Periodic inspections and registrations - rules. (1) (a) The
administrator shall promulgate rules requiring the owner or lessee of a conveyance to periodically certify that the administrator, an approved local jurisdiction, or a licensed third-party conveyance inspector has determined that the conveyance is safe and complies with the rules adopted by the administrator or approved local jurisdiction. Upon such certification, the administrator or approved local jurisdiction shall issue a certificate of operation for the conveyance.
(b) and (c) (Deleted by amendment, L. 2010, (HB 10-1231), ch. 75, p. 256, � 7,
effective August 11, 2010.)
(2) Upon request, the administrator shall provide notice to the owner of a
private residence where a conveyance is located with relevant information about conveyance safety requirements. The penalty provisions of this article shall not apply to private residence owners.
(3) The administrator shall promulgate rules requiring the owner of the
conveyance to have it periodically inspected by a third-party conveyance inspector and the periodic expiration of certificates of operation.
(4) The administrator shall promulgate rules allowing the continued
operation of a private residence conveyance that was installed prior to January 1, 2008, in a building that is not a single-family residence.
(5) The owner or lessee of a conveyance shall not permit the conveyance to
be operated unless the owner or lessee obtains a certificate of operation from the administrator or approved local jurisdiction.
(6) The owner or lessee shall pay a fee in an amount determined by the
administrator for a certificate of operation issued by the administrator. The administrator shall set the fee in accordance with section 24-4-103, C.R.S., to approximate the actual cost of issuing a certificate of operation.
Source: L. 2007: Entire article added, p. 1420, � 1, effective January 1, 2008.
L. 2010: (1) amended and (4), (5), and (6) added, (HB 10-1231), ch. 75, p. 256, � 7, effective August 11. L. 2013: (6) amended, (HB 13-1300), ch. 316, p. 1664, � 11, effective August 7.
9-5.5-115. Insurance. (1) Each conveyance contractor shall submit to the
administrator an insurance policy, certificate of insurance, or certified copy of either issued by an insurance company authorized to do business in Colorado. Such policy shall provide general liability coverage of at least one million dollars for injury or death in each occurrence and coverage for at least five hundred thousand dollars for property damage in each occurrence. In addition, a conveyance contractor shall submit evidence of the insurance coverage mandated by the Workers' Compensation Act of Colorado, articles 40 to 47 of title 8, C.R.S.
(2) Certified conveyance inspectors shall submit to the administrator an
insurance policy, certificate of insurance, or certified copy of either issued by an insurance company authorized to do business in Colorado. Such policy shall provide general liability coverage of at least one million dollars for injury or death in each occurrence and coverage for at least five hundred thousand dollars for property damage in each occurrence.
(3) The administrator shall not certify a conveyance contractor or
conveyance inspector unless the applicant has delivered the policy, certified copy, or certificate of insurance required by this section in a form approved by the administrator. A certified conveyance contractor or conveyance inspector shall notify the administrator at least ten days before a material alteration, amendment, or cancellation of a policy is made.
(4) This section shall not apply to a local jurisdiction or the employee of a
local jurisdiction in the performance of the employee's official duties.
Source: L. 2007: Entire article added, p. 1420, � 1, effective January 1, 2008.
L. 2008: (1) and (2) amended and (4) added, p. 1997, � 3, effective July 1.
9-5.5-116. Enforcement - rules. (1) The administrator may adopt rules to
administer and enforce this article. The administrator may use certified conveyance inspectors for any investigation of an alleged violation of the rules or this article. The administrator may appoint an advisory board to assist in the formulation of rules authorized by this section.
(2) A person may request an investigation into an alleged violation of the
rules or this article, or of a danger posed by any conveyance, by giving notice to the administrator of such violation or danger. Such notice shall be in writing, shall set forth with reasonable particularity the grounds for the notice, and shall be signed by the person making the request. Upon the request of a person signing the notice, such person's name shall not appear on any copy of such notice or any record published, released, or made available.
(3) Upon receipt of such notification, if the administrator determines that
there are reasonable grounds to believe that such violation or danger exists, the administrator shall investigate in accordance with this article to determine if such violation or danger exists. If the administrator determines that there are no reasonable grounds to believe that a violation or danger exists, the administrator shall notify the party in writing of such determination.
Source: L. 2007: Entire article added, p. 1421, � 1, effective January 1, 2008.
9-5.5-117. Liability. This article shall not be construed to relieve or lessen
the responsibility or liability of a person owning, operating, controlling, maintaining, erecting, constructing, installing, altering, inspecting, testing, or repairing a conveyance for damages to person or property caused by a defect, nor does the state of Colorado assume any such liability or responsibility by the adoption or enforcement of this article.
Source: L. 2007: Entire article added, p. 1421, � 1, effective January 1, 2008.
9-5.5-118. Criminal penalties. A person who violates section 9-5.5-106 or 9-5.5-111 commits a petty offense and, upon conviction, shall be punished as provided
in section 18-1.3-503.
Source: L. 2007: Entire article added, p. 1421, � 1, effective January 1, 2008. L.
2021: Entire section amended, (SB 21-271), ch. 462, p. 3145, � 104, effective March 1, 2022.
9-5.5-119. Dangerous conveyance - administrative orders. (1) (a) If, upon
the inspection of a conveyance, the conveyance is found to be in a dangerous condition, an immediate hazard to those riding or using it, or designed or operated in an inherently dangerous manner, the certified conveyance inspector shall notify:
(I) The owner;
(II) The approved local jurisdiction; and
(III) If the conveyance is not within an approved local jurisdiction, the
administrator.
(b) Upon being notified pursuant to paragraph (a) of this subsection (1), the
administrator or approved local jurisdiction shall order such alterations or additions as may be deemed necessary to eliminate the danger.
(2) (a) In lieu of repairing or altering a dangerous conveyance pursuant to
subsection (1) of this section, an owner or a lessee may have the conveyance made dormant. A dormant conveyance shall not be used until it is made safe in compliance with this article. In order to qualify under this subsection (2), the owner or lessee of a dormant conveyance shall:
(I) Remove the fuses and lock the mainline disconnect switch in the off
position;
(II) Park the car and close and latch the hoistway doors;
(III) Have a certified conveyance inspector place a wire seal on the mainline
disconnect switch; and
(IV) Prevent the conveyance from being used.
(b) A conveyance shall not be made dormant for more than five years. Upon
making a conveyance dormant, a certified conveyance inspector shall report the fact to the administrator.
Source: L. 2007: Entire article added, p. 1422, � 1, effective January 1, 2008.
9-5.5-120. Repeal of article. This article 5.5 is repealed, effective
September 1, 2031. Before the repeal, the functions of the administrator are scheduled for review in accordance with section 24-34-104.
Source: L. 2007: Entire article added, p. 1422, � 1, effective January 1, 2008.
L. 2015: Entire section amended, (HB 15-1353), ch. 318, p. 1298, � 1, effective August 5. L. 2022: Entire section amended, (HB 22-1212), ch. 253, p. 1846, � 2, effective May 26.
ARTICLE 5.7
Amenities for All Genders in Public Buildings
9-5.7-101. Legislative declaration. (1) The general assembly finds and
declares that:
(a) It is a matter of statewide concern to promote the public welfare by
providing access to non-gendered restroom facilities that are convenient for people of all genders, including those outside the gender binary;
(b) The lack of adequate restroom facilities leads to unsafe and inequitable
conditions for Colorado children, families, and communities. Experts from health providers to faith leaders, including the occupational safety and health administration, stress the need for single occupancy non-gendered restrooms and multiple-occupant or multiple-stalled non-gendered restrooms to be accessible for all employees and individuals. The lack of accessibility to restroom facilities that are consistent with an individual's gender identity singles out those individuals and can result in experiences of harassment and cause those individuals to avoid restrooms entirely, which can lead to potentially serious physical injury or illness. Access to non-gendered restrooms has far-reaching benefits for parents caring for a child, including parents with young children who need to access a baby diaper changing station and individuals with disabilities who have a caretaker of a different gender to assist them.
(c) Men's restrooms and single-stall restrooms typically do not provide baby
diaper changing stations. This creates accessibility inequity for parents and care providers who do not identify as women or who may not be comfortable using women's restrooms and creates potential health and safety problems for babies. Without clean and safe baby diaper changing stations, these care providers may be forced to resort to unsafe and unsanitary locations, such as restroom floors, to change babies' diapers. Requiring equitable access to amenities in public restrooms would make it easier for parents and care providers of all genders to find a safe and suitable place to change babies' diapers. Providing safe, reliable, and clean baby diaper changing stations in all restroom facilities enables better caretaking for infants by all parents and care providers and safer conditions for infants.
(d) Requiring all single-stall restrooms to be designated for use by any
gender reduces wait times and increases comfort and accessibility for care providers and people receiving care, individuals with diverse gender expressions, and LGBT individuals. For LGBT individuals or individuals with diverse gender expressions, using gendered facilities can pose health and safety issues stemming from experiences of harassment and physical threats in gendered facilities regardless of which gendered facility they use or their physical presentation. Due to these experiences and associated stigma, some people avoid using public restrooms whenever possible and may refrain from eating, drinking, or relieving themselves for extended periods of time in order to avoid gendered facilities. Delaying or avoiding using the restroom can have physical health implications.
(e) The I.P.C. includes two amendments regarding non-gendered restrooms.
One amendment requires signage on single-stall restrooms to indicate that they are open to any user regardless of gender. The other amendment allows the creation of non-gendered multi-stall designs with shared sinks and each toilet in a private compartment.
(f) The I.P.C. also requires that single-stall restrooms be identified for use by
all individuals regardless of sex and allows for multi-user facilities to serve all genders. The Colorado state architect adopts codes for construction at all state-owned buildings and facilities and has adopted the 2021 edition of the international building code.
Source: L. 2023: Entire article added, (HB 23-1057), ch. 254, p. 1438, � 1,
effective August 7. L. 2025: (1)(e) amended, (SB 25-275), ch. 377, p. 2036, � 36, effective August 6.
9-5.7-102. Definitions. As used in this article 5.7, unless the context
otherwise requires:
(1) Accessible to the public means any indoor or outdoor space or area that
is open to the public. This does not include private offices or workspaces that are generally not open to customers or public visitors.
(2) Certified historic structure means a property located in Colorado that
has been certified by the state historical society or an entity other than the owner of the property that is authorized, pursuant to section 24-80.1-105 (1), to nominate properties to the state register of historic properties as a historic structure because it has been:
(a) Listed individually on, or as a contributing property in a district included
within, the national register of historic places;
(b) Listed individually on, or as a contributing property in a district that is
included within, the state register of historic properties pursuant to article 80.1 of title 24; or
(c) Listed individually by, or as a contributing property within a designated
historic district of, a certified local government.
(3) Gender-specific restroom means a restroom that is designated for use
by only one gender.
(3.4) I.P.C. means the International Plumbing Code, 2021 edition.
(4) LGBT individual means an individual who is a member of the lesbian,
gay, bisexual, transgender, and nonbinary community.
(5) Non-gendered multi-stall restroom means a restroom with multiple
toilets that is available for use by people of any gender, including a restroom with shared sinks but each toilet is in a private compartment.
(6) Non-gendered single-stall restroom means a restroom that is available
for use by people of any gender that is a fully enclosed room with a locking mechanism controlled by the user and contains a sink, toilet, and no more than one urinal.
(7) Public entity means a state department or state agency, a state
institution of higher education, as defined in section 23-18-102 (10), a county, a city and county, or a municipality. For purposes of this article 5.7, a state agency does not include any building owned and operated as an education facility by the department of education or a school district, charter school, or institute charter school.
(8) (a) Renovation of a restroom means construction to a restroom:
(I) For which a permit is required other than for a repair; and
(II) That includes changing the structure by:
(A) Increasing the square footage;
(B) Installing or modifying a plumbing or electric system;
(C) Adding, gutting, or removing exterior restroom walls; or
(D) Installing a heating, ventilation, or air conditioning system.
(b) For purposes of this section, renovation does not include repairs to or
replacement of fixtures or features of the restroom in order to restore something that is damaged, deteriorated, or broken in a restroom to its original function that does not meet the criteria described in subsection (8)(a) of this section.
Source: L. 2023: Entire article added, (HB 23-1057), ch. 254, p. 1440, � 1,
effective August 7. L. 2024: (7) and (8) R&RE, (HB 24-1450), ch. 490, p. 3406, � 16, effective August 7. L. 2025: (3.4) added, (SB 25-275), ch. 377, p. 2036, � 37, effective August 6.
9-5.7-103. Restrooms - baby diaper changing stations - applicability -
signage - enforcement. (1) On and after January 1, 2024, a building that is wholly or partially owned by a public entity that is:
(a) Scheduled for renovation of a restroom must:
(I) Provide a non-gendered single-stall restroom or a non-gendered multi-stall restroom where a restroom is accessible to the public;
(II) Ensure that any single-stall restroom is not a gender-specific restroom;
(III) Allow for the use of a multi-stall restroom by any gender if certain
facility features are met pursuant to the I.P.C. or any subsequent international plumbing code adopted as part of the Colorado plumbing code and the Colorado fuel gas code adopted by the state plumbing board pursuant to section 12-155-106;
(IV) Provide any caregiver on the gender binary that is caring for an infant
access to at least one safe, sanitary, and convenient baby diaper changing station where a restroom is accessible to the public as follows:
(A) If only gender-specific restrooms are available, at least one changing
table in each restroom;
(B) If a non-gendered single-stall restroom is available, at least one
changing table in that restroom, and public entities are encouraged to also provide changing tables in each of the single-stall gender-specific restrooms;
(C) If a non-gendered multi-stall restroom is available, at least one changing
table in that restroom, and public entities are encouraged to also provide changing tables in each of the gender-specific restrooms; or
(D) An easily accessible location with equivalent privacy and amenities as a
restroom; and
(V) Ensure that each baby diaper changing station is maintained, repaired,
and replaced as necessary to ensure safety and ease of use and cleaned with the same frequency as the restroom in which it is located or restrooms on the same floor or in the same space if the changing table is located in a restroom;
(b) A newly constructed building on each floor must:
(I) Provide a non-gendered single-stall restroom or a non-gendered multi-stall restroom on each floor where a restroom is accessible to the public;
(II) Ensure that any single-stall restroom is not a gender-specific restroom;
(III) Allow for the use of a multi-stall restroom by any gender if certain
facility features are met pursuant to the I.P.C. or any subsequent international plumbing code adopted as part of the Colorado plumbing code and the Colorado fuel gas code adopted by the state plumbing board pursuant to section 12-155-106;
(IV) Provide any caregiver on the gender binary that is caring for an infant
access to at least one safe, sanitary, and convenient baby diaper changing station that is accessible to the public on each floor where there is a restroom accessible to the public and that includes:
(A) If only gender-specific restrooms are available, at least one changing
table in each restroom;
(B) If a non-gendered single-stall restroom is available, at least one
changing table in that restroom, and public entities are encouraged to also provide changing tables in each of the single-stall gender-specific restrooms;
(C) If a non-gendered multi-stall restroom is available, at least one changing
table in that restroom, and public entities are encouraged to also provide changing tables in each of the gender-specific restrooms; or
(D) An easily accessible location with equivalent privacy and amenities as a
restroom; and
(V) Ensure that each baby diaper changing station is maintained, repaired,
and replaced as necessary to ensure safety and ease of use and cleaned with the same frequency as the restroom in which it is located or restrooms on the same floor or in the same space if the changing table is not located in a restroom.
(2) On and after July 1, 2025, a building that is wholly or partially owned by a
public entity that:
(a) Is accessible to employees or enrolled students and that is scheduled for
renovation of a restroom must:
(I) Provide a non-gendered single-stall restroom or a non-gendered multi-stall restroom;
(II) Ensure that any single-stall restroom is not a gender-specific restroom;
and
(III) Allow for the use of a multi-stall restroom by any gender if certain
facility features are met pursuant to the I.P.C. or any subsequent international plumbing code adopted as part of the Colorado plumbing code and the Colorado fuel gas code adopted by the state plumbing board pursuant to section 12-155-106;
(b) Is a newly constructed building on each floor must:
(I) Provide a non-gendered single-stall restroom or a non-gendered multi-stall restroom;
(II) Ensure that any single-stall restroom is not a gender-specific restroom;
and
(III) Allow for the use of a multi-stall restroom by any gender if certain
facility features are met pursuant to the I.P.C. or any subsequent international plumbing code adopted as part of the Colorado plumbing code and the Colorado fuel gas code adopted by the state plumbing board pursuant to section 12-155-106.
(3) Beginning July 1, 2024, but no later than July 1, 2026, subject to available
appropriations for public entities that are a state agency, a building that is wholly or partially owned or leased by a public entity must ensure that signage for the building or the portion of the building leased or owned complies with the following signage requirements:
(a) Any restroom with a baby diaper changing station must have signage with
a pictogram void of gender that indicates the presence of the baby diaper changing station;
(b) Any non-gendered multi-stall restroom or single-gendered or non-gendered single-stall restroom must have signage with a pictogram void of gender;
(c) Each building that is accessible to the public must include signage at or
near the entrance to the building indicating the location of restrooms and baby diaper changing stations. If there is a central directory accessible to the public identifying the location of offices, restrooms, and other facilities in the buildings, that central directory must indicate with a pictogram void of gender the location of any baby diaper changing station and the location of any non-gendered multi-stall restroom or single-stall restroom.
(d) All buildings accessible to the public with non-gendered multi-stall
restrooms or non-gendered single-stall restrooms must update signage, if necessary, to include a pictogram void of gender.
(4) All restrooms subject to subsections (1) and (2) of this section shall
comply with the current ADA standards for accessible design set forth in 28 CFR 35, applicable to public entities and promulgated in accordance with the federal Americans with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq., as amended.
(5) Subsections (1) and (2) of this section do not apply to the renovation of a
restroom or a newly constructed building project if:
(a) A local building permitting entity or building inspector determines that
the installation of a baby diaper changing station in accordance with subsection (1)(d) of this section would result in a failure to comply with applicable building standards governing the right of access for individuals with disabilities. The permitting entity or building inspector may grant an exemption from the requirements of this section under those circumstances, if there is documentation demonstrating that no alternative design is possible that complies with the right of access for individuals with disabilities and a good faith attempt has been made to design a restroom in a manner that would accommodate individuals with disabilities and the installation of a baby diaper changing station in accordance with subsection (1)(d) of this section.
(b) The project has already progressed through the design review process,
budgeting, and final approval by the governing body that has final approval over capital construction project expenditures as of August 7, 2023; or
(c) The building is designated as a certified historic structure.
(6) Any employee with a designated workplace that is in a building wholly or
partially owned by a public entity who claims to be aggrieved by a discriminatory or an unfair practice as defined by part 4 of article 34 of title 24, including failure to comply with this article 5.7, may individually or through their attorney-at-law make, sign, and file with the Colorado civil rights division, created in section 24-34-302, a verified written charge stating the name and address of the respondent alleged to have committed the discriminatory or unfair practice. The charge must set forth the particulars of the alleged discriminatory or unfair practice and contain any other information required by the Colorado civil rights division.
Source: L. 2023: Entire article added, (HB 23-1057), ch. 254, p. 1441, � 1,
effective August 7. L. 2025: (5)(b) amended, (SB 25-300), ch. 428, p. 2439, � 6, effective August 6.
9-5.7-104. Restroom survey of state-owned buildings - priority of
modifications. (1) (a) The department of personnel shall complete a survey and provide it to the general assembly and the capital development committee determining the number and locations of signs that need to be replaced or modified pursuant to section 9-5.7-103 (3) for existing restrooms across all buildings wholly or partially owned by the state.
(b) For a building that is wholly or partially owned or leased by the state or a
state agency, if signage is needed at either the restroom location or the directory, a public entity that is a state agency or a state institution of higher education shall provide information on the number and locations of signs that need to be modified and may request state funding subject to available appropriations in order to comply with section 9-5.7-103 (3) to the state architect.
(2) The department of personnel shall provide an interim report to the
general assembly and the capital development committee by January 1, 2024, and a final report by July 1, 2024.
(3) For purposes of complying with section 9-5.7-103 (3), the department of
personnel
The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)